Sweet Smell of Secession

Relax said the night man
We are programmed to receive
You can check out any time you like
But you can never leave
--The Eagles

Secession is a strategy for coping with oppressive government that has been recognized since the country's founding. It is currently attracting attention because of secession petitions being posted to the White House's We The People website. Petitions have now been posted from all 50 states and have currently amassed nearly three quarters of a million signatures. The Texas petition alone is just shy of 100,000 signatures as of this writing.

The terms of We The People website state that petitions that amass more than 25,000 signatures in 30 days require a response within 30 days, so it appears that the White House staff will be cranking up the form letters.

Generally, the petitions follow a form as well. "Peacefully grant (State Name) to withdraw from the United States of America and create its own new government."

Unfortunately, the president does not have the constitutional authority to approve (or deny for that matter) secession requests. The decision to secede rests with the states themselves. Historically, this has taken the form of conventions where one or more states discuss the issue, and vote on whether to reject the US Constitution and draw up a new constitution. While the actions of Southern states prior to the Civil War are well known, there were several other secession threats prior to 1860.

Judge Nap provides some interesting info on secession and the Constitution in the context of the current Texas secession petition.

I have read several editorials essentially saying, "Go ahead and seceed!" Some for 'good riddance' reasons. Some for 'they'll be sorry' reasons. et al.

Some deja vu, perhaps. When Southern states were undertaking secession proceedings in 1860-1861, editorial sections of Northern newspapers clearly indicate that secession as a Constitutional right was widely respected, if not welcomed (Perkins, 1964). Many of those editorials contained the same 'good riddance' et al. flair popping up today.

Unfortunately, when push came to shove, the federal government would not uphold the rights recognized and respected by people on both sides of the issue, and proceded to use deadly force to reverse the secession movement.

By its actions then, the federal goverment asserted that it has the right to kill people who try to exercise their rights elaborated in the Declaration and protected by the Tenth Amendment.

By their actions today, many citizens disagree with the federal government's assertion.

Reference

Perkins, H.C. 1964. Northern editorials on secession. Gloucester, MA: Peter Smith.