If you ever wanted to see an empire fall apart in real time, then the arrival of Donald J Trump as the 47th President of the United States, might very well have been the trigger which allows you to see precisely that. His general level of disdain for people who do not show loyalty and fealty to him is more or less normal at this point but the sheer level of disdain that the President has shown to the State of California in these past few days and weeks is horrible. California has had to deal with very very big bushfires and the loss of billions of dollars worth of home and infrastructure, and Mr Trump's behaviour in relation to this is simply not befitting of a president. Then again we already knew that in times of crisis, the commander-in-chief has been gloriously uninterested in actually doing the job of governing.
Mr Trump's disdain for people who are crying out for help has actively demonstrated that he can not and should not be relied upon. Moreover the sparks of his invective, have ignited another series of debates, which threaten the very fabric of the union itself.
Probably in response, the California Secretary of State Shirley Weber indicated this week that what was floated as an idea, is now officially on the table:
Proposed Initiative Enters Circulation:
Requires Future Vote on Whether California Should Become Independent Country.
Initiative Statute.
REQUIRES FUTURE VOTE ON WHETHER CALIFORNIA SHOULD BECOME INDEPENDENT COUNTRY. INITIATIVE STATUTE.
If enacted, this measure places the following question on November 2028 ballot: “Should California leave the United States and become a free and independent country?” If at least 50% of registered voters participate in that election, and at least 55% vote “yes”, it would constitute “a vote of no confidence in the United States of America” and “expression of the will of the people of California” to become an independent country, but would not change California’s current government or relationship with the United States. Creates commission to report on California’s viability as independent country.
- Shirley Weber, California State Department, 25th Jan 2025
Yes, you did in fact read that correctly. The California Secretary of State, has officially started the process to gather signatures for a vote on California leaving the United States, and for California to become an independent country. Secession is now up for discussion.
Now exactly how far this thing gets, whether it burns hot or fizzles out to a dead ember, remains to be seen; but before we pour petrol on the fire and burn this metaphor to the ground, there is just one slight problem with any attempt by California trying to secede from the Union.
It's illegal.
Rather, it is invalid.
The reason we know this is that the United States has been here before. The United States which was started as a tax dodge, in order to avoid punitive taxation which was designed to coerce the thirteen colonies to abolishing slavery, never actually resolved that central question of the nation's creation and embedded the notion of slavery in the Constitution. Slaves in these new United States, although they did not have the franchise, counted as three-fifths of a person in the reckoning of how many Representatives a state sent to the nation's Congress.
Rather than dealing with the issue, it racistly bubbled along quite toxically for the next 70-odd years, and as states were added to the Union they were either declared as Slave States or Non-Slave States, as various compromises and concessions were made at law. Finally when Abraham Lincoln was elected to be the next President in 1860, seven states decided to leave the confederacy and would form the Confederate States of America; which apart from being explicitly racist, were also increasingly belligerent and tensions boiled over into war in April of 1861.
On 1st February, 1861, a specially convened Texas Secession Convention drafted and approved an Ordinance of Secession. The Ordinance of Secession was sent to the Texas State Congress, wherein it was passed by both houses and the Governor put the same question to the people of Texas by means of Referendum. The Referendum was approved overwhelmingly in the majority, by the people of Texas.
So when the war failed and when the Confederate States of America lost and the United States scrobbled around trying to reconstruct the Union out of the previously warring parts, the United States Department of Treasury inevitably wanted to reclaim its monies.
However the specific point of order which is relevant for this discussion, is the ruling made by the United States Supreme Court in the wake of the Civil War in relation to a case in which State of Texas tried to sue various governors of banks (of which White was one of many), reclaim the monies that had been gained as a result of illegally selling US Treasury Bonds. Mostly that case relates to the actual obligation and order to pay, but almost as a side-ruling, SCOTUS was quite clear about its opinion on whether or not a State has the right to secede.
In Texas v. White, SCOTUS held at point of order No.7 that:
https://supreme.justia.com/cases/federal/us/74/700/
7. Considered as transactions under the Constitution, the ordinance of secession, adopted by the convention, and ratified by a majority of the citizens of Texas, and all the acts of her legislature intended to give effect to that ordinance, were absolutely null. They were utterly without operation in law. The State did not cease to be a State, nor her citizens to be citizens of the Union.
- Texas v. White, 74 U.S. 700 (1868)
In essence, SCOTUS held that Texas (and by inference the rest of the Confederacy) never actually left the Union during the Civil War, because a state cannot unilaterally secede. The Ordinance of Secession, was "absolutely null" and "utterly without operation in law".
You will not find anything about what happens if a state wants to leave the Union because the framers of the United States Constitution in yet another demonstration of practical legal blindness, never foresaw nor imagined that as a possibility. As they never foresaw nor imagined that secession could be an option, there are no clauses or rules to say what happens if a State wants out. The 1868 decision by SCOTUS, stems from the original jurisdiction that is conferred to it by Article III, Section 2, and which SCOTUS took for itself in Marbury v. Madison (1803) at 177. "to say what the law is."
Logically if Texas never actually left the Union during the Civil War and the rest of the Confederacy never actually left the Union during the Civil War because a state cannot unilaterally secede, then it follows that California which hoping to put to referendum a motion of secession and to become an "independent country", is also invalid.
It really makes you wonder what the actual point of Shirley Weber's motion to attempt a referendum is. Surely you would assume that the Secretary of State for California would have read law at some point; especially when it comes to a matter as crucial as this. I mean, if I am not even a poor ol' country lawyer, and I am literally on the other side of an ocean, and I know of cases which directly relate to this question, and even I can see that this is like a broken pencil in that it is pointless, then why do it?
What the jinkies is this trying to achieve? The only thing that seems sensible to me here is that when even the California Secretary of State knows that all legal avenues are utterly useless, and when the President himself is a horrible horrible knave who has no regard for his own citizens, then running this up the flagpole may very well be the only flag which can be legally raised. Perhaps Ms Weber knows that this is legally a waste of time but given that there are no legal avenues to take, rather than raise the white flag of surrender she has decided to raise the red flag. Though traitors flinch and tyrants sneer, she'll keep the red flag flying here?