Recently, a group of legal bloggers began debating the issue. Eric Turkewitz was able to offer a high-profile source to back him up: Supreme Court Justice Antonin Scalia.
Turkewitz, a personal injury lawyer in New York, described the story of how his brother, Dan, a screenwriter, was working on a movie script in 2006 about Maine seceding and becoming a part of Canada.
Dan Turkewitz wanted the legal arguments that came up in the script to sound authentic so he wrote all of the Supreme Court Justices and asked their thoughts on the issue.
Amazingly, Scalia wrote back. In the letter, (posted on Eric Turkewitz's blog), Scalia wrote that the answer is clear: States can't secede.
"If there was any constitutional issue resolved by the Civil War, it is that there is no right to secede. (Hence, in the Pledge of Allegiance, 'one Nation, indivisible.')"
At the end of the letter, Scalia wrote, "I am sure that poetic license can overcome all that -- but you do not need legal advice for that. Good luck with your screenplay."