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Asked by: Juana Peneque
events and attractions birthDid the South have the right to secede from the union?
Considering this, is it legal for Southern states to secede from the union?
The Constitution does not directly mention secession. The Supreme Court has consistently interpreted the Constitution to be an "indestructible" union. There is no legal basis a state can point to for unilaterally seceding. Many scholars hold that the Confederate secession was blatantly illegal.
Herein, why did the South secede from the Union in 1860?
Southern states that seceded immediately after Lincoln's election in 1860 did so because they had already been planning it in the event of a Republican victory. Their motivation involved what they perceived as a threat to the institution of slavery, which their economy was dependent upon.
In effect, South Carolina seceded because the federal government would not overturn abolitionist policies in Northern states. South Carolina seceded because the federal government would not violate a state's right to abstain from slavery and its concomitant policies.