A Different Point of View

Secession Procedure

Article IV Section 3  of the U.S. Constitution states:

New States may be admitted by the Congress into this Union; but no new State shall be formed or erected within the Jurisdiction of any other State; nor any State be formed by the Junction of two or more States, or Parts of States, without the Consent of the Legislatures of the States concerned as well as of the Congress.

Note that the criteria for admitting a new state to the Union is strictly up to Congress unless it involves an existing state at which point  the state legislatures become involved. Note also that the Constitution is silent on the issue of seceding from the Union.¹ This proposal would create a formal procedure for a state to peacefully secede from the Union. The steps in this proposal are as follows:

  1. Only those states which border on another country or have a coast line on the Pacific Ocean, Atlantic Ocean or the Gulf of Mexico would be eligible to secede. The purpose of this restriction is to avoid a state seceding and creating a new country which is completely surrounded by the the remaining United States. As such the states initially eligible to secede would be: Maine, New Hampshire, Massachusetts, Rhode Island, Connecticut, New York, Delaware, New Jersey, Maryland, Virginia, North Carolina, South Carolina, Georgia, Florida, Alabama, Mississippi, Louisiana, Texas, New Mexico, Arizona, California, Oregon, Washington, Idaho, Montana, North Dakota, Minnesota, Michigan, Vermont, Alaska, and Hawaii (31 states). Those states not initially eligible to secede would be Nevada, Utah, Wyoming, Colorado, South Dakota, Nebraska, Kansas, Oklahoma, Iowa, Missouri, Arkansas, Wisconsin, Illinois, Indiana, Ohio, Pennsylvania, West Virginia, Tennessee, and Kentucky (19 states). If a state were to secede that would change the above lists. For example, if Texas were to secede that would make Oklahoma and Arkansas eligible to secede.
  2.  The state wanting to secede would hold a referendum on the issue. The votes in favor of secession must be at least 55% of the votes cast. (the exact per cent required is less important than that it be a significant super majority; you’re not going to break up the union on a fifty per cent plus one basis). There must be at least three months notification of the date of the referendum.
  3. No voter suppression is allowed. Any U.S. citizen who is a resident of the state in question would be allowed to vote. There would be federal monitors at all precincts to observe only. If their observations result in a finding that the was any significant voter suppression then the results would be thrown out.
  4. If the referendum fails, or the results are thrown out due to voter suppression or any other irregularities a new referendum could not be scheduled for at least one year.
  5. If the referendum succeeds then Congress must also approve of the secession by the same super majority as the referendum. The reality is, however, that I cannot imagine the Congress rejecting the secession if the referendum passes with a super majority.
  6. If the referendum passes and Congress approves then the secession process would proceed over a three year period.

Consequences of secession:

While I am completely serious about creating a formal procedure for a state to secede from the Union I will admit to having an ulterior motive for establishing such a procedure. Current Governor Abbot and his predecessor Gov. Perry have both said they would consider having Texas secede from the Union. I want to call their bluff because I think they are both modern Texas cowboys – all hat and no cattle.² Implementing a formal procedure would send a message to Gov. Abbott to either put up or shut up. Unfortunately I don’t think he would either put up or shut up.³

  1. It is important to note that at the beginning of the secession process which started the Civil War the seceding states made no attempt to secede peacefully. They started the process by shelling Fort Sumter and killing Union soldiers. In short, they wanted a civil war, not simply to secede.
  2. It would be interesting to find out how many people in Texas wear cowboy hats compared to the number of Texans who are actually cowboys. The ration has to 1000 to 1 at least.
  3. The fact is that most of the red states are moocher states. I am using Mitt Romney’s definition of a moocher which is anyone who receives more in Federal benefits than they pay in Federal taxes. Most red states, Texas in particular, receive more in Federal spending than the residents pay in Federal taxes. In the case of Texas, consider San Antonio which has five military base in the area. If Texas were to secede those five bases would all close and San Antonio would dry up and blow away.