If you grew up in the south in the United States you know the shame all to well. Your state not only held slaves longer than the industrial states to the north, but also committed treason when they voted to “secede” (leave peacefully) from the United States. Of course Lincoln fought a war to “preserve the union at all costs” and secession would then be proven illegal.
Since the election, the “Calexit” movement has grown from a hashtag trending on social media to a legitimate campaign for California’s independence. Secession backers are now collecting voter signatures to get a measure on the 2019 state ballot which, if passed, would help clear a path for legal secession.
So with great irony it is interesting to witness the current movement in California to secede from the Union. State’s Right’s has always been closely associated with racism and slavery given they were indeed primary factors in the secession of southern states. Now with many states like Washington, Colorado, California, Nevada, and many more legalizing cannabias in direct violation of Federal Drug Law.
Why shouldn’t a free people have the God-given right to self-determination, the right to form their own sovereign government? By what right, either in 1861 or 2017, are a free people forced by the threat of government violence to remain attached to a government they see as immoral and oppressive?
In the context of the United States, secession primarily refers to the withdrawal of one or more States from the Union that constitutes the United States; but may loosely refer to leaving a State or territory to form a separate territory or new State, or to the severing of an area from a city or county within a State.
In Texas v. White, the United States Supreme Court ruled unilateral secession unconstitutional, while commenting that revolution or consent of the States could lead to a successful secession.
At the time of the Civil War it was not illegal as the ruling by Supreme Court came later in 1869(after the war) that unilateral secession was unconstitutional.
In reality though, the legality of seccession is part of what the Civil War was fought over. The South lost, so no it wasn’t legal.
Myself, I believe the exact opposite is true. Like abortion and same sex marriage, our Founding Fathers never offered any explicit rulings on these issue because at the time such things were inconceivable. What I mean is that it was not inconceivable to our Founders that a state would want to leave the union. Rather it was inconceivable that a state would not be allowed to secede and self-govern if they so desired.
Calexit discussed on Tucker Carlson’s show 8/1/17