The Historical Recognition of American Secession
ST GEORGE TUCKER ON THE RIGHT OF SECESSION
ST GEORGE TUCKER ON THE RIGHT OF SECESSION
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St. George Tucker was an influential legal scholar and jurist in early American history, best known for his commentaries on the United States Constitution. In his writings, Tucker discussed the concept of Constitutional Secession, which can be understood through his interpretation of the transition from the Articles of Confederation to the U.S. Constitution.
Tucker highlighted that Secession involves the voluntary withdrawal of States from a Confederacy, reflecting mutual consent among the parties involved. This perspective emphasizes that the decision to leave a political union must be agreed upon by the States choosing to depart.
According to Tucker, when certain States decide to Secede, they may either govern themselves independently or form a new confederacy with other States. This flexibility allows States to restructure their political associations as they see fit.
Tucker used the example of the original American States adopting the new U.S. Constitution as a form of Secession from the Articles of Confederation. This historical shift involved the majority of States creating a new federal government structure, while some, like Rhode Island and North Carolina, initially opted out, illustrating a non-hostile form of Secession.
By forming a new constitution, the States that adopted the U.S. Constitution technically violated the Articles of Confederation, which declared that changes to the articles required unanimous consent and that the union was…
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