Secession Is in Our Future

Hat tip: Mises Daily
by Clifford F. Thies
Posted on 4/28/2009

Can states secede? There are three levels on which this question can be answered:

1. the inalienable right of secession,
2. the international law of secession, and
3. the US law of secession.

All three say yes.

The Inalienable Right of Secession

The Declaration of Independence of the United States of America invokes the self-evident truths that all men are created equal and are endowed by their Creator with certain inalienable rights, that governments are formed to protect these rights and gain their just powers from the consent of the governed, and that when a government becomes abusive of these rights, it is the right — no, it is the duty — of the people to alter or abolish that government.

To say governments were formed to protect the rights of men would be historically incorrect. Almost all governments were formed by ruthless men exerting their will over others through the use of force. Some governments, over time, evolved toward the rule of law, perhaps only because their rulers saw that this would sanction their own continued enjoyment of the wealth that they possessed. In some instances, this evolution involved one or more “revolutions” in which those who were governed were able to better establish the rule of law.

The language of the Declaration should not be construed as an argument about the historical origins of government but, rather, as what would be true and just to an enlightened person, namely, that as persons and as communities of persons, we have the right and the duty to alter or abolish governments that become abusive of our rights. As Benjamin Franklin once put it, “Rebellion to tyrants is obedience to God.”

The concept of an inalienable right of secession was not original to the American Revolution. It can be traced to the scholastics, to Reformation politics, and to the most ancient Greek and Hebrew writings. Without going into a dissertation on the subject, let me simply point to the flag of the state of Virginia, which was designed by Thomas Jefferson. It depicts a female warrior (Athena) standing atop a slain tyrant (Zeus).

According to legend, Zeus, the greatest and most terrible of the gods, was supposed to be the god of law, yet he was himself lawless. When he heard that he would sire a child who would destroy him, he swallowed his wife whole to prevent it. But the child grew within him and then burst from him fully grown. This child was Athena, the goddess of victory, liberty, and peace. And, she did indeed slay her father. It should be easy to see, in this legend, how the rule of law might be established from a government formed through the use of force.

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