Do States Have a Right to Secede from the Federal Regime?

Sherry R. Condon Brumgard wrote on Facebook:

On a Facebook page I follow, “Shelby Foote and the American Civil War,” the following question has been raised: “Did the Southern states have the right to secede from the Union?”

One person commented that he believes that the question was settled by the Civil War and is now irrelevant and not worthy of discussion or debate. In my opinion, this is a particularly timely question and the aforementioned individual is out of touch with the current political/ideological climate of our country.

My “two cents’ worth” follows:

The federal government now in place bears absolutely no resemblance to a government I would choose. Lots of people feel the same way. Many of these people want to secede in some way, although I can’t really see how it can be accomplished in a country that is way too big!

The Constitution is being trampled under the feet of legislators who, seemingly, couldn’t care less about, in particular) the Bill of Rights.

Whether or not secession is currently constitutional, there is a palpable spirit of division, rebellion, and hatred that, in my opinion, is threatening to destroy this country. The 50 states of which America is comprised is NOT “united.” In my opinion, the best that can be hoped for is peaceful coexistence, but that’s a completely different “ball of wax.”

I believe in my heart that secession should be an option, but I cannot see how it could be peacefully achieved.

Dr. Michael Hurd’s reply:

My short answer: Governments exist for one reason only: To preserve individual rights.

The Bill of Rights essentially does preserve individual rights. Subsequent amendments, in some cases (such as the income tax) violated rights. Slavery violates individual rights. If a state secedes because it wishes to keep imposing slavery, then it doesn’t have a right to secede for that reason. Secession really isn’t the issue in such a case; the brazen violation of rights through slavery is the issue.

But a state absolutely has a right to secede if it wishes to uphold individual rights (e.g. 1st Amendment, 2nd Amendment, private property), while the federal government to which it belongs has become more or less a totally Communist, socialist, fascist, utterly corrupt system.

Governments per se don’t have rights. Texas and Florida do a better job of upholding rights than the Biden/Uniparty regime in D.C. So I go with Texas or Florida, by a landslide. Secession isn’t merely a right, but increasingly an obligation. Those who think the federal government is still reformable will disagree, I understand. All I can say is: Check back with me after early November.

[I do agree with what you wrote above, however. My response isn’t to counter what you wrote, but to supplement it. Again, man’s rights are the issue; the Constitution is only a means to that end.]