Do the States Have a Right to Secede from the Union ?

[Keith Broaders]

Whether a state has a right to secede from the Union or not is covered in the Tenth Amendment.

The states created the Union and before ratifying the Constitution they demanded a Bill of Rights be added to the Constitution.

They wanted to be absolutely certain that the newly formed government to be the servant of the people and the states.

It was well understood that any power or authority not specifically granted to the National government was retained to the states and the people. Since the right of secession is not mention in the Constitution, it is one of the rights retained by the states.

The thirteen colonies seceded from the British Empire and set a precedence. When in the opinion of the people of a given state feel the National government has violated the terms of the Constitution they have a right to sever the connection.

In the pyramid of political power, God created man and was the supreme sovereign, Man created the states, and the states created the Union. The central government was the low man on the totem pole. The right of secession is like an insurance policy against governmental tyranny.

Personally, I am not in favor of states seceding from the Union, but I am in favor of strict enforcement of the Constitution. I believe that the Constitution delegated limited powers to the National government were few and well defined while the powers retained by the states were nearly limitless.

By accepting the notion that in the Constitution there are implied powers you give the government the authority to expand their powers beyond what was intended. The powers of the National government can only be changed thought the amendment process outlined in Article V.

Today the Constitution is amended every time an unconstitutional law is passed, an executive order is writing or whenever the Supreme Court misinterprets the Constitution. Any amendment proposed to the states for ratification must be approved by two thirds of the members of the House and Senate and must be ratified by three fourths of the states.

Making positive changes in the Constitution is nearly impossible because getting two thirds of the member of Congress to vote on an amendment that would strip them some of their power is highly unlikely. The first ten amendments limited the power of the government to abuse the rights of the people, but all of the subsequent amendments have expanded the power and control of the government over the people.

The right of secession gives the states the ability to hold the servant government accountable. Denying the states their sovereignty turns the servant into the master.

Just like a marriage contract that can be dissolved so can the contract between the states and their servant government. Secession is the last resort, we should and make every effort possible to alter our government rather than abandoning it.