This Doesn’t Look Good

 

Almost a week ago, Catalonia held a referendum to separate from the Spanish state. Madrid declared this referendum illegal and sent police in to try to stop it by interfering with the voting and seizing ballots. There appears to be overwhelming support for independence. Unlike some other separatist movements (e.g., Scotland), this one is going to stick: maybe not right away but soon.

Regardless of the merits of the Catalan case, the optics here are terrible. Take it from an optical physicist.

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  1. Lois Lane Coolidge
    Lois Lane
    @LoisLane

    Bob Thompson (View Comment):

    Lois Lane (View Comment):
    You like the result of the American Revolution, so it does not matter to you that the minority of Americans were patriots. (Indeed, when looking across the colonies, this number was less than 50%.) Many Loyalists were forced to either accept a new power construct or get out.

    So it seems you are arguing that a motivated minority can rip up the social contract for a larger group of people at any time, yet if American states are kept in perpetual union, Americans are suffering under a form of tyranny?

    You might extend how you are thinking about this a bit. At the time of the War for Independence, the so-called Loyalists in the colonies should not be thought of as Americans when contemplating Union because their loyalty was to the Crown and they fought for the Crown, so they would hardly be potential voters in a newly formed state. Most returned to Great Britain, went to Canada or to the American frontier. Many of those who stayed converted eventually to the Patriot view.

    Absolutely true.  But the American states were formed without their consent.  They were working under the old social contract, which they never wished to tear up.

    So if the argument is that governments shouldn’t be able to keep people in a social contract because doing so is a form of tyranny, it seems that minorities should not be able to force people out of a social contract either because that is also a form of tyranny.

    After all, Loyalists were ultimately deprived of their property, their liberty, and their country.  (They really could not stay in the US.)

    So I am questioning the reasoning behind saying that a central government cannot require perpetual union because that is tyranny, yet a minority can sunder a social contract without the consent of many and that is liberty.

    There seems to me to be some dissonance there.

    • #91
  2. Bob Thompson Member
    Bob Thompson
    @BobThompson

    We seem not to have as much disagreement regarding the sovereign right of the people to self-govern as we do about whether states of our Union have a right to secede, is secession proscribed by the Constitution, or was the issue settle by the might of the Union forces in 1865.

    • #92
  3. Bob Thompson Member
    Bob Thompson
    @BobThompson

    Lois Lane (View Comment):

    Bob Thompson (View Comment):

    Lois Lane (View Comment):
    You like the result of the American Revolution, so it does not matter to you that the minority of Americans were patriots. (Indeed, when looking across the colonies, this number was less than 50%.) Many Loyalists were forced to either accept a new power construct or get out.

    So it seems you are arguing that a motivated minority can rip up the social contract for a larger group of people at any time, yet if American states are kept in perpetual union, Americans are suffering under a form of tyranny?

    You might extend how you are thinking about this a bit. At the time of the War for Independence, the so-called Loyalists in the colonies should not be thought of as Americans when contemplating Union because their loyalty was to the Crown and they fought for the Crown, so they would hardly be potential voters in a newly formed state. Most returned to Great Britain, went to Canada or to the American frontier. Many of those who stayed converted eventually to the Patriot view.

    Absolutely true. But the American states were formed without their consent. They were working under the old social contract, which they never wished to tear up.

    So if the argument is that governments shouldn’t be able to keep people in a social contract because doing so is a form of tyranny, it seems that minorities should not be able to force people out of a social contract either because that is also a form of tyranny.

    After all, Loyalists were ultimately deprived of their property, their liberty, and their country. (They really could not stay in the US.)

    So I am questioning the reasoning behind saying that a central government cannot require perpetual union because that is tyranny, yet a minority can sunder a social contract without the consent of many and that is liberty.

    There seems to me to be some dissonance there.

    By the time the Constitution was written and ratified the Loyalists, who were in this land by not of it, were a distinct minority. At the time of the actual fighting both the Patriots and the Loyalists were minorities.

    • #93
  4. Bob Thompson Member
    Bob Thompson
    @BobThompson

    Lois Lane (View Comment):
    Absolutely true. But the American states were formed without their consent. They were working under the old social contract, which they never wished to tear up.

    Which social contract are you referencing? Remember these were colonies before the Declaration and the people in the colonies were not governed by the same laws as those living in the homeland under the Crown. How can we even speak of there being a social contract existing in America before the War for Independence? Isn’t that a large measure of what the fighting was about?

    • #94
  5. Lois Lane Coolidge
    Lois Lane
    @LoisLane

    Bob Thompson (View Comment):

    Lois Lane (View Comment):
    Absolutely true. But the American states were formed without their consent. They were working under the old social contract, which they never wished to tear up.

    Which social contract are you referencing? Remember these were colonies before the Declaration and the people in the colonies were not governed by the same laws as those living in the homeland under the Crown. How can we even speak of there being a social contract existing in America before the War for Independence? Isn’t that a large measure of what the fighting was about?

    Um.  Of course there was a social contract between the colonists and the crown before the Revolution.  The American-British were like the Brits in London: British subjects, and they saw themselves as British subjects.  They were part of the same empire that overthrew two kings via the English Civil War and then the Glorious Revolution.

    (Locke was writing about the consent of the governed in the 1680s, and they read John Locke.)

    Anyway, the American-British felt they had virtual representation in parliament, though the *patriots* rejected this concept.

    In reality, the British living in Britain itself were subjects of rotten boroughs and other such nonsense that meant they, too, were less than represented per any vote.

    The Colonial Assemblies grew in part out of convenience per the salutary neglect and the barrier of oceans.  Loyalists did not view these as supreme.  Patriots did.

    When Loyalists (eventually) moved to Canada, it was to maintain the social contract under which they felt they had lived and which Patriots had torn up.

    • #95
  6. Lois Lane Coolidge
    Lois Lane
    @LoisLane

    Bob Thompson (View Comment):

    Lois Lane (View Comment):

    Bob Thompson (View Comment):

    Lois Lane (View Comment):
    You like the result of the American Revolution, so it does not matter to you that the minority of Americans were patriots. (Indeed, when looking across the colonies, this number was less than 50%.) Many Loyalists were forced to either accept a new power construct or get out.

    So it seems you are arguing that a motivated minority can rip up the social contract for a larger group of people at any time, yet if American states are kept in perpetual union, Americans are suffering under a form of tyranny?

    You might extend how you are thinking about this a bit. At the time of the War for Independence, the so-called Loyalists in the colonies should not be thought of as Americans when contemplating Union because their loyalty was to the Crown and they fought for the Crown, so they would hardly be potential voters in a newly formed state. Most returned to Great Britain, went to Canada or to the American frontier. Many of those who stayed converted eventually to the Patriot view.

    Absolutely true. But the American states were formed without their consent. They were working under the old social contract, which they never wished to tear up.

    So if the argument is that governments shouldn’t be able to keep people in a social contract because doing so is a form of tyranny, it seems that minorities should not be able to force people out of a social contract either because that is also a form of tyranny.

    After all, Loyalists were ultimately deprived of their property, their liberty, and their country. (They really could not stay in the US.)

    So I am questioning the reasoning behind saying that a central government cannot require perpetual union because that is tyranny, yet a minority can sunder a social contract without the consent of many and that is liberty.

    There seems to me to be some dissonance there.

    By the time the Constitution was written and ratified the Loyalists, who were in this land by not of it, were a distinct minority. At the time of the actual fighting both the Patriots and the Loyalists were minorities.

    The Constitution was ratified years after a minority of people forced a revolution which tore up what was a social contract between the American-British and the British.

    This post is about what’s going on in Spain.  A point was made that there should be a majority of Catalans on board with secession before secession ever actually happens.

    If making references for comparison purposes to the theoretical rightness of breaking away from a country with a *minority* pushing the issue a la the American Revolution, you can’t jump to the *end* of the Revolutionary Era.  You have to look at the *beginning.*

    • #96
  7. Bob Thompson Member
    Bob Thompson
    @BobThompson

    Lois Lane (View Comment):

    Bob Thompson (View Comment):

    Lois Lane (View Comment):
    Absolutely true. But the American states were formed without their consent. They were working under the old social contract, which they never wished to tear up.

    Which social contract are you referencing? Remember these were colonies before the Declaration and the people in the colonies were not governed by the same laws as those living in the homeland under the Crown. How can we even speak of there being a social contract existing in America before the War for Independence? Isn’t that a large measure of what the fighting was about?

    Um. Of course there was a social contract between the colonists and the crown before the Revolution unless you don’t believe the British in Britain were consenting to be governed. The Americans were like the Brits in London: British subjects, and they saw themselves as British subjects. They were part of the same empire that overthrew two kings via the English Civil War and then the Glorious Revolution. They had virtual representation in parliament, though the *patriots* rejected this concept. In reality, the British living in Britain itself were subjects of rotten boroughs and other such nonsense that meant they, too, were less than represented per any vote. The Colonial Assemblies grew in part out of convenience per the salutary neglect and the barrier of oceans. Loyalists did not view these as supreme. Patriots did.

    Yes, and they fought in the conflict with the Crown in an effort to preserve the existing social contract so they were very simply a part of the ruling opposition. I don’t see how you would think there is anything wrong with their not  having a voice in the new contract, we also excluded all the other Loyalists.  There was another significant minority, pacifists and those who had no interest either way. I think most of those chose to support the formation of the Union and they were not driven out.

    • #97
  8. Bob Thompson Member
    Bob Thompson
    @BobThompson

    Lois Lane (View Comment):
    If making references for comparison purposes to the theoretical rightness of breaking away from a country with a *minority* pushing the issue a la the American Revolution, you can’t jump to the *end* of the Revolutionary Era. You have to look at the *beginning.*

    I agree that comparisons aren’t very useful. For the record though, the colonial Loyalists, although far from a majority themselves, did vote at the ‘beginning’ by furnishing logistical and military support and allegiance to the Crown.

    • #98
  9. Lois Lane Coolidge
    Lois Lane
    @LoisLane

    Bob Thompson (View Comment):

    Lois Lane (View Comment):

    Bob Thompson (View Comment):

    Lois Lane (View Comment):
    Absolutely true. But the American states were formed without their consent. They were working under the old social contract, which they never wished to tear up.

    Which social contract are you referencing? Remember these were colonies before the Declaration and the people in the colonies were not governed by the same laws as those living in the homeland under the Crown. How can we even speak of there being a social contract existing in America before the War for Independence? Isn’t that a large measure of what the fighting was about?

    Um. Of course there was a social contract between the colonists and the crown before the Revolution unless you don’t believe the British in Britain were consenting to be governed. The Americans were like the Brits in London: British subjects, and they saw themselves as British subjects. They were part of the same empire that overthrew two kings via the English Civil War and then the Glorious Revolution. They had virtual representation in parliament, though the *patriots* rejected this concept. In reality, the British living in Britain itself were subjects of rotten boroughs and other such nonsense that meant they, too, were less than represented per any vote. The Colonial Assemblies grew in part out of convenience per the salutary neglect and the barrier of oceans. Loyalists did not view these as supreme. Patriots did.

    Yes, and they fought in the conflict with the Crown in an effort to preserve the existing social contract so they were very simply a part of the ruling opposition. I don’t see how you would think there is anything wrong with their not having a voice in the new contract, we also excluded all the other Loyalists. There was another significant minority, pacifists and those who had no interest either way. I think most of those chose to support the formation of the Union and they were not driven out.

    I’m a member of the Daughters of the Revolution.  I am fine with the new country that was formed.

    What I’m challenging is the assertion that if a state is held in perpetual union, the government is being tyrannical, but when one group of people forces another to secede, that’s not being tyrannical.  That is a position at odds with itself.  These are *both* a form of tyranny if either is a form of tyranny.

    I have also said the question of whether or not the states can secede was decided in a war in the 1860s.  (The answer was “no.”)  In the same way, the question of whether or not one could remain loyal to Britain if in the US was answered in the 1700s.  (The answer was “no.”)

    In both cases, the answer was coerced, but the answer was given.

     

    • #99
  10. Lois Lane Coolidge
    Lois Lane
    @LoisLane

    Bob Thompson (View Comment):

    Lois Lane (View Comment):
    If making references for comparison purposes to the theoretical rightness of breaking away from a country with a *minority* pushing the issue a la the American Revolution, you can’t jump to the *end* of the Revolutionary Era. You have to look at the *beginning.*

    I agree that comparisons aren’t very useful. For the record though, the colonial Loyalists, although far from a majority themselves, did vote at the ‘beginning’ by furnishing logistical and military support and allegiance to the Crown.

    Sure.  And the Patriots were not in the majority either. (They just won.)

    • #100
  11. Bob Thompson Member
    Bob Thompson
    @BobThompson

    Lois Lane (View Comment):
    What I’m challenging is the assertion that if a state is held in perpetual union, the government is being tyrannical, but when one group of people forces another to secede, that’s not being tyrannical. That is a position at odds with itself. These are *both* a form of tyranny if either is a form of tyranny.

    Ok. I wasn’t into the use of the word tyranny, but even that word’s meaning applied then and now would likely be quite different.

     

    • #101
  12. Robert McReynolds Member
    Robert McReynolds
    @

    It would appear to me that the only way to justify secession is to win the contest of force.

    • #102
  13. Bob Thompson Member
    Bob Thompson
    @BobThompson

    Robert McReynolds (View Comment):
    It would appear to me that the only way to justify secession is to win the contest of force.

    I have no idea what the political forces at work in Spain are. But certainly the forces at work between Spain and the EU and between Madrid and Catalonia are many. Where is the sovereignty? We have that same question in the US. And there are better ways to handle it than secession. Federalism, anyone. Our founders were so perceptive. I mean the Anti-Federalists who lost.

    • #103
  14. Lois Lane Coolidge
    Lois Lane
    @LoisLane

    Robert McReynolds (View Comment):
    It would appear to me that the only way to justify secession is to win the contest of force.

    I agree with this.  Of course for people to go to war, they must feel they are in the right.  But what is “right” is then a matter of winning.  It’s not really about whether or not one is ideologically a conservative.

    • #104
  15. Bob Thompson Member
    Bob Thompson
    @BobThompson

    Lois Lane (View Comment):

    Robert McReynolds (View Comment):
    It would appear to me that the only way to justify secession is to win the contest of force.

    I agree with this. Of course for people to go to war, they must feel they are in the right. But what is “right” is then a matter of winning. It’s not really about whether or not one is ideologically a conservative.

    The difference between geographical territory and ideological territory.

    • #105
  16. Sabrdance Member
    Sabrdance
    @Sabrdance

    Robert McReynolds (View Comment):
    It would appear to me that the only way to justify secession is to win the contest of force.

    That was John Locke’s take, yes.  Hence the phrase “appeal to Heaven” as meaning “rebellion” -and also why we put that on our naval vessels in the War of 1812.

    In re: the US compared to Catalan.  The Colonies listed their grievances in the form of British law and custom, they pointed out all the ways that the British monarchy was abusing them and depriving them of their rights as British subjects -and in effect declared that since Britain had ejected them from the nascent Empire anyway, they owed no allegiance to the Crown any further.  Theirs was a legal argument very much in keeping with the Parliamentary history of England.

    Catalan’s grievances -and to a lesser extent Scotland’s -don’t rise to that level.  Both countries were brought into the larger unions many hundreds of years ago (Aragon and Castille merged to become Spain in 1462).  And while the Spanish Kings’ desire to forge one nation with one language and one religion (oh, and by the by, while it was Isabella’s language they went with, it was Ferdinand’s idea -they used Castellano because they already had dictionaries and lexicons in that language) may have been a bad idea, it has been nearly 600 years.  There are lesser methods of redressing those grievances short of revolution.

    Catalan is not Ireland.  They weren’t conquered.  They were part of the unified Kingdom and have always been treated that way.

    • #106
  17. Lois Lane Coolidge
    Lois Lane
    @LoisLane

    Sabrdance (View Comment):

    Robert McReynolds (View Comment):
    It would appear to me that the only way to justify secession is to win the contest of force.

    That was John Locke’s take, yes. Hence the phrase “appeal to Heaven” as meaning “rebellion” -and also why we put that on our naval vessels in the War of 1812.

    In re: the US compared to Catalan. The Colonies listed their grievances in the form of British law and custom, they pointed out all the ways that the British monarchy was abusing them and depriving them of their rights as British subjects -and in effect declared that since Britain had ejected them from the nascent Empire anyway, they owed no allegiance to the Crown any further. Theirs was a legal argument very much in keeping with the Parliamentary history of England.

    Catalan’s grievances -and to a lesser extent Scotland’s -don’t rise to that level. Both countries were brought into the larger unions many hundreds of years ago (Aragon and Castille merged to become Spain in 1462). And while the Spanish Kings’ desire to forge one nation with one language and one religion (oh, and by the by, while it was Isabella’s language they went with, it was Ferdinand’s idea -they used Castellano because they already had dictionaries and lexicons in that language) may have been a bad idea, it has been nearly 600 years. There are lesser methods of redressing those grievances short of revolution.

    Catalan is not Ireland. They weren’t conquered. They were part of the unified Kingdom and have always been treated that way.

    I definitely know people in Catalan who would argue they still have the right to break away now, and I know too little about that whole situation/culture to truly argue with their passions, but the American history here is great.  And what you say about the contrasts of the Revolution to what’s happening in Spain sounds reasonable to me.  The contexts were/are much different.

    • #107
  18. Joseph Stanko Coolidge
    Joseph Stanko
    @JosephStanko

    Umbra Fractus (View Comment):

    Sabrdance (View Comment):
    The loyalists boycotted the referendum -so the amazing thing is how low the percentage is. On the question itself, I have no strong preference, but I doubt Spain will allow Catalan to break away any more than it allowed Pais Vacso to.

    Supposedly this was why Spain opposed Scottish independence, because it would set a precedent that Catalonia would take advantage of.

    Yes, from what I understand the EU is squarely against secession because the large member nations each have their own potential breakaway regions and no one wants to see a precedent set.

    On the other hand, it seems to me that encouraging secession might be in the long-term best interests of the EU, especially for those who want to centralize power and make it a “United States of Europe.”  Large nations like the U.K, France, and Germany have their own pull on the international stage and can always threaten to pull a “Brexit” and withdraw from the EU if they don’t get their own way.  If Europe were further broken up into 50+ small “states” each the size of Catalonia, wouldn’t they each be more dependent on the EU central government for military protection in a dangerous world?

     

    • #108
  19. Joseph Stanko Coolidge
    Joseph Stanko
    @JosephStanko

    ModEcon (View Comment):
    Thus, the question isn’t whether there is a majority support for leaving, there is. The question is how much of the population would have to vote in order to make the vote significant. Do you need 100% turnout? Can you be sure only when 50% or 75% of total eligible voters vote to leave.

    I think there is a good argument that to make such a large decision you would need a super-majority, anywhere from 60-75% of either a significant turnout or eligible votes.

    Completely agree.  I’d compare it to the process for amending the U.S. Constitution, which requires both a supermajority vote in Congress plus approval by 3/4 of the states.  The bar is very high, as it ought to be.  A transient 51% majority vote in one election is insufficient to justify a permanent change in the core social contract — and succession is a more radical, permanent change than any mere Constitutional amendment.

     

    • #109
  20. Lois Lane Coolidge
    Lois Lane
    @LoisLane

    Joseph Stanko (View Comment):

    Umbra Fractus (View Comment):

    Sabrdance (View Comment):
    The loyalists boycotted the referendum -so the amazing thing is how low the percentage is. On the question itself, I have no strong preference, but I doubt Spain will allow Catalan to break away any more than it allowed Pais Vacso to.

    Supposedly this was why Spain opposed Scottish independence, because it would set a precedent that Catalonia would take advantage of.

    Yes, from what I understand the EU is squarely against secession because the large member nations each have their own potential breakaway regions and no one wants to see a precedent set.

    On the other hand, it seems to me that encouraging secession might be in the long-term best interests of the EU, especially for those who want to centralize power and make it a “United States of Europe.” Large nations like the U.K, France, and Germany have their own pull on the international stage and can always threaten to pull a “Brexit” and withdraw from the EU if they don’t get their own way. If Europe were further broken up into 50+ small “states” each the size of Catalonia, wouldn’t they each be more dependent on the EU central government for military protection in a dangerous world?

    Probably, but we fought a bloody and brutal civil war before accepting the loss of the kind of sovereignty that implies.  Many people in the EU value their membership but still see themselves defined more by their country or “state.”  Americans rarely identify with state first and country second.  That’s a mental distinction with giant difference.

    • #110
  21. Joseph Stanko Coolidge
    Joseph Stanko
    @JosephStanko

    drlorentz (View Comment):

    ModEcon (View Comment):
    I think there is a good argument that to make such a large decision you would need a super-majority, anywhere from 60-75% of either a significant turnout or eligible votes.

    It’s not quite analogous, but note that Brexit only required a simple majority, and a pretty slim one at that.

    Which I think was a mistake.  Neither Brexit nor the Scottish independence vote should ever have been put to a simple majority referendum.

     

    • #111
  22. Randy Webster Inactive
    Randy Webster
    @RandyWebster

    Lois Lane (View Comment):
    Americans rarely identify with state first and country second.

    Sometimes Southerners do.  When I was in college, I took a course in which the question was asked, Would you die for your state.  Only southerners said yes.

    • #112
  23. Mike LaRoche Inactive
    Mike LaRoche
    @MikeLaRoche

    Lois Lane (View Comment):

    Americans rarely identify with state first and country second.

    This Texan certainly does.

    • #113
  24. Lois Lane Coolidge
    Lois Lane
    @LoisLane

    Mike LaRoche (View Comment):

    Lois Lane (View Comment):

    Americans rarely identify with state first and country second.

    This Texan certainly does.

    I’ll grant you Texas.  Texans are a squirrelly bunch (said with affection).

    Randy Webster (View Comment):

    Lois Lane (View Comment):
    Americans rarely identify with state first and country second.

    Sometimes Southerners do. When I was in college, I took a course in which the question was asked, Would you die for your state. Only southerners said yes.

    This is for obvious reasons, but I’ve lived most my life in the South, and that’s not really common… Texas excepted.

    • #114
  25. Randy Webster Inactive
    Randy Webster
    @RandyWebster

    Lois Lane (View Comment):

    Mike LaRoche (View Comment):

    Lois Lane (View Comment):

    Americans rarely identify with state first and country second.

    This Texan certainly does.

    I’ll grant you Texas. Texans are a squirrelly bunch (said with affection).

    Randy Webster (View Comment):

    Lois Lane (View Comment):
    Americans rarely identify with state first and country second.

    Sometimes Southerners do. When I was in college, I took a course in which the question was asked, Would you die for your state. Only southerners said yes.

    This is for obvious reasons, but I’ve lived most my life in the South, and that’s not really common… Texas excepted.

    My class was 40 years ago.

    • #115
  26. Lois Lane Coolidge
    Lois Lane
    @LoisLane

    Randy Webster (View Comment):
    My class was 40 years ago.

    Makes perfect sense.

    • #116
  27. Joseph Stanko Coolidge
    Joseph Stanko
    @JosephStanko

    Randy Webster (View Comment):

     

    Randy Webster (View Comment):

    Lois Lane (View Comment):
    Americans rarely identify with state first and country second.

    Sometimes Southerners do. When I was in college, I took a course in which the question was asked, Would you die for your state. Only southerners said yes.

    This is for obvious reasons, but I’ve lived most my life in the South, and that’s not really common… Texas excepted.

    My class was 40 years ago.

    It’s an odd question, I’m not so sure what it means.  Unless they said they would not die for their country, only for their state, I don’t think it indicates they identify with state ahead of country.

    I view California as an inseparable part of the United States, so since I’d be willing to die for my country, of course I’d be willing to die for my state as well, since it’s part of my country.  It would be like asking:

    • Would you die for your family?  Yes.
    • Would you die for your mother?  No.

    That would be inconsistent, since she’s part of your family, unless for some reason you really hate your mother.

    • #117
  28. Lois Lane Coolidge
    Lois Lane
    @LoisLane

    For what it’s worth, here’s an opinion from the WSJ about this broo ha ha.  The video is around 6 minutes long.

    • #118
  29. Al Sparks Coolidge
    Al Sparks
    @AlSparks

    ModEcon (View Comment):
    First off, states can leave legally by votes in congress and/or state convention, I forget which. So, yes, states can leave, it is just really difficult under current law.

    Not sure where you’re getting that.  The U.S. Constitution is silent on secession (but if I’m wrong point it out).

    So could the Congress, by statute, approve of a state seceding?  It’s never been tried, and therefore the courts have not ruled on it.  But there’s nothing in the Constitution that explicitly allows it.

    The Constitution does talk about states splitting up with the consent of both Congress and the state involved (i.e. Congress can’t force them to).  But that means there’s an additional state after the split up.  Perhaps two states could legally merge, also with the consent of Congress, but I’m not sure on that,

    One way to legalize secession without the consent of Congress would be to call a constitutional convention, which means 2/3’s of states would have to call for it.  Three fourths of the states would still have to ratify.

    Presumably, such a convention could propose to the states the dissolution of the United States.

    • #119
  30. ModEcon Inactive
    ModEcon
    @ModEcon

    Al Sparks (View Comment):

    ModEcon (View Comment):
    First off, states can leave legally by votes in congress and/or state convention, I forget which. So, yes, states can leave, it is just really difficult under current law.

    Not sure where you’re getting that. The U.S. Constitution is silent on secession (but if I’m wrong point it out).

    So could the Congress, by statute, approve of a state seceding? It’s never been tried, and therefore the courts have not ruled on it. But there’s nothing in the Constitution that explicitly allows it.

    The Constitution does talk about states splitting up with the consent of both Congress and the state involved (i.e. Congress can’t force them to). But that means there’s an additional state after the split up. Perhaps two states could legally merge, also with the consent of Congress, but I’m not sure on that,

    One way to legalize secession without the consent of Congress would be to call a constitutional convention, which means 2/3’s of states would have to call for it. Three fourths of the states would still have to ratify.

    Presumably, such a convention could propose to the states the dissolution of the United States.

    Good points. I thought leaving was included in that language that allowed for states joining. But, it does seem to me that if congress can approve a state joining, then it must also be able to approve a state leaving. It also states that a state may be formed by splitting on approval so that indicates that changes to current states only need permission from congress and the state itself.

    It also says that “The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United states; …” Seems like this should also add into the ability of congress to decide whether a state could leave. There is nothing that says states can’t leave.

    Think about it this way as well. If the United States was attacked, could we by treaty surrender a state to another country? If so, could we not also surrender a state to another country formed by the people of that state?

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