On States Seceding From The Union

Introduction

Liz Krueger (D, New York) has said, “New York, Connecticut, Massachusetts, Vermont, would combine and be a great new province as the Southeast Province of Canada…” -She also called for NY to withhold all of its tax revenue. All of this comes in the wake of Donald Trump winning the presidential election.

The statements have made their way to the tops of news feeds all over social media, with millions of armchair political science and legal experts weighing in respectively.

While I sympathize with Krueger on the election results, saying NY should secede from the Union (along with other states) is not only the least helpful sentiment one could have during a time of loss and uncertainty, but it’s a half-baked idea at best.

I’m not sure if Liz is just trying to make headlines, make voters happy, or if she genuinely believes such an idea is actually possible; but I’m going to break down the reasons why NY shouldn’t secede as well as why it simply won’t be able to.

The Constitution

See, we have this handy-dandy document called The Constitution of the United States of America. It’s a document in which rights are not granted, but guaranteed. It was written a long time ago and various politicians have wiped their ass with it over the course of 200 years.

There is no mechanism in which secession is permissible. In fact, the Civil War was steeped in legalities that relied on “a more perfect Union” implying permanence.

The Supremacy Clause; aka the Constitution, federal laws, and treaties, are the supreme law of the land. NY cannot unilaterally override this clause. It lacks the jurisdiction and the authority.

There’s also the Oath of Office in which state officials like Liz took before entering office. The Oath of Office is a solemn oath to uphold the U.S. Constitution; which would conflict with the notion of secession.

Historical Precedent

In Texas v. White (1869), The U.S. Supreme Court ruled that secession is unconstitutional, stating that the Union is “indissoluable” and that states cannot unilaterally secede. While the decision acknowledged the possibility of secession with consent from all states or constitutional amendements, such scenarios are politically and practically improbable.

Then there’s the Civil War, where the Union’s victory over the Confederacy affirmed that secession would not be legally permissible. It would be pretty damn hard to convince the Supreme Court to change their mind on such a pivotal moment in American history.

Federal Response

Even if a state voted to secede, federal law would require approval from Congress to dissolve its status as a state. Good luck with that. Acting unilaterally would ultimately put NY and its allies in the crosshairs of military action.

Unlike the state of New York, the federal government has a standing military; which translates roughly to, “We have the power to enforce our laws.” It would be short-lived, cost unnecessary lives, and the account would be retold later by Conservatives as some “unholy Communist plot to undermine Democracy.”

Seceding would also put all states involved in an instant state of economic disparity. Think of how much traffic into NYC is from foreign entities looking to do business in the U.S.? Imagine they’d fly to a different airport within U.S. borders if NY secedes. Many businesses would jump ship instantly.

Extensive legal battles would ensue even if Congress approved. The Federal courts would be packed with cases to prevent NY and others from leaving the Union. There would even be some civil rights cases to be had by people who didn’t want to secede or leave their Constitutionally-protected home.

What Would It Take?

All citizens of the state would have to be on board, Congress would have to agree with a two-thirds majority in both the House and Senate, and the President would have to sign off on it.

These people can’t even decide how much of raise to give themselves every year. Again, good luck with that.

Conclusion

A state attempting to secede from the Union would face insurmountable legal, political, logistical, military, and economic challenges. The combination of Constitutional law, federal authority, economic interdependence, and national unity makes the idea not only unconstitutional, but also flat out impossible in modern America.

Here’s a link to the U.S. Constitution for your reading pleasure.

References