The "Right" to secede from the Union would belong to the States not to the people since it is the States that are members of the Union not individuals. This is of course presumes that it exists, which it doesn't. Also consider that the Ninth Amendment in no way affected the original construction of the Constituion, so my interpretation of the Supremacy Clause continues to stand.
right.. but its the people who created the state governments so its the people speaking through their elected officials that declare their rights to secession... as they did in 1860 in SC... special voting for secession
Well as you said when the original constitution was written the Supremacy clause might trump any right of secession. So as the Preamble to the Bill of Rights says
"The conventions of a number of the States having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added."
So to make sure that there was no misconception the 9th and 10th amendments were bookends of what the federal government could and could not regulate on.
since like I said before the 9th states that the federal government can not assume power that is not explicitly written and since secession is not explictly written, it is left to the states or to the people as article 10 states.
and no one expected the federal government to have a federal army big enough to stop the state from leaving either.. that was the biggest misconception of both Hamilton and Madison.
The supremacy clause can be used as an argument against secession only if the Constitution requires a state to remain part of the union. The federal government can not assume powers it was not given. So if the Constitution doesnt state explicitly that the states must be in a perpetual union it can not apply otherwise. Nor does it apply to a state that has left the Union. Obviously.