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The state of South Carolina based their legal right to secession on the premise that individual states had created the US Constitution, and agreed to form the United States. There was no language in the ratified document that made it "irrevocable."

However, other legal analysis suggested that since the original 13 states had all agreed to be bound by the Constitution, and all 20 later states had been admitted to the Union with some suggestion of permanence, releasing one or more states would have to be approved by all current states, possibly requiring a Constitutional amendment.

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Roxanne Gusikowski

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βˆ™ 2y ago
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βˆ™ 6y ago

The state of South Carolina based their legal right to secession on the premise that individual states had created the US Constitution, and agreed to form the United States. There was no language in the ratified document that made it "irrevocable."

However, other legal analysis suggested that since the original 13 states had all agreed to be bound by the Constitution, and all 20 later states had been admitted to the Union with some suggestion of permanence, releasing one or more states would have to be approved by all current states, possibly requiring a Constitutional amendment.

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βˆ™ 11y ago

Because they said the USA was a voluntary collection of states, which were free to secede if they wanted.

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Q: Why did South Carolina believe that it was legal for it to secede?
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What state was the first to secede from the Union upon Abraham Lincoln's election to the Presidency?

South Carolina seceded from the United States on December 20, 1860. It also established its own military force. The secession was due to the presidential elections of November, 1860. Republican Abraham Lincoln won the election. He was personally opposed to slavery but promised to abide to the rulings of the US Supreme Court which had ruled in 1859 that slavery was legal.


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Why did South Carolina believe that it was legal for it secede?

The state of South Carolina based their legal right to secession on the premise that individual states had created the US Constitution, and agreed to form the United States. There was no language in the ratified document that made it "irrevocable." However, other legal analysis suggested that since the original 13 states had all agreed to be bound by the Constitution, and all 20 later states had been admitted to the Union with some suggestion of permanence, releasing one or more states would have to be approved by all current states, possibly requiring a Constitutional amendment.


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