Nearly 160 years ago, eleven states in the United States of America were were taking the plunge into secession. The series of events began on December 20, 1860, ignited into flames during hostilities at Fort Sumter in Charleston Harbor on April 12, 1861, and culminated in the Confederate States of America, with its Capital in Richmond, Virginia (Source).
620,000 soldiers died during America’s Civil War. Soldiers were male. 4% of all males in the U.S. died. That’s far greater than the threat of COVID-19. And yet, along comes Governor Newsom,
Governor Gavin Newsom said that he would use the bulk purchasing power of California “as a nation-state” to acquire the hospital supplies that the federal government has failed to provide. If all goes according to plan, Newsom said, California might even “export some of those supplies to states in need.”Wilkinson, F. (April 9, 2020). Gavin Newsome Declares California a ‘Nation-State.’ Bloomberg. Retrieved from: https://www.yahoo.com/news/gavin-newsom-declares-california-nation-160012325.html
The Constitution does not directly mention secession. The Supreme Court has consistently interpreted the Constitution to be an “indestructible” union. There is no legal basis a state can point to for unilaterally seceding. Many scholars hold that the Confederate secession was blatantly illegal.
Thus, Governor Newsom’s use of the term “nation-state” is patently un-Constitutional. You’re either a fully-participating member-State in the United States of America, subject to all the responsibilities and restrictions thereof, or you’re a distinct and separation Nation apart from the United States of America and we need to rip one star from our flag.
Furthermore, while states can certainly trade with one another as governmental entities, “No Tax or Duty shall be laid on Articles exported from any State” – Article. I., Section. 9. of the Constitution for the United States of America. Thus, if California attempts to tax or lay a duty upon its exports, it’s no longer acting as a participating member-State in the United States of America.
As both the “nation-state” and “export to states” comments are clear violations of the charter of the United States, more commonly known as the Constitution for the United States of America, i.e. “the supreme Law of the Land” (Article. VI.), this begs the question: Did California just secede from the Union? Can it continue to behave as it has while receiving aid from the United States and participating in our Federal Government?
I would argue that secession is not any sort of legal/lawful option to any individual or collection of states, and that the answer to the second question is a huge, resounding, “NO.”
It’s certainly been acting as a non-state for some time, most notably throughout the time Feinstein and Pelosi have been in Congress. Before then, however, Pat Brown, a Democrat, was San Francisco’s Attorney General from 1943-1950, California’s Attorney General from 1951-1959, and California’s governor from 1959-1967. During those 24 years of Democrat terror, even liberal Californians responded by electing Ronald Reagan, a staunch conservative, for four terms — eight solid years — from 1967-1975, to put their state back together. Then came two terms of experimentation with Pat Brown’s similarly Democrat son, Jerry Brown, from 1975-1983, at which point Californians fell back on four terms of Republican leadership. Another two terms of experimentation with Democrat Gray Davis from 1999-2003 lead to four Republican Terms under Arnold Schwarzengger from 2003-2011. Then it was back to decidedly brain-dead leadership under Jerry Brown again from 2011-2019, before Governor Gavin Newsom took over in 2019.
In fact, over the last 80 years, with few exceptions, California has committed countless transgressions against and in direct violation of their covenant contract into which they entered between the people of California, the United States of America, the People of the United States of America, and the Constitution for the United States of America.
IF, in fact, California has seceded from the United States of America, then a number of things absolutely must happen, immediately:
- The cessation of all financial, material and matériel support of and to California.
- Full and unequivocal demand for repayment of the roughly $50 trillion the United States Government has poured into California’s infrastructure since their application for and acceptance of Statehood in the Union.
- Immediate expulsion of both Dianne Feinstein and Kamala Harris from the United States Senate, as well as all 53 members of the United States House of Representatives who are from California. They may remove personal items from their offices and homes under armed supervision, but any and all papers and electronic files of any official nature whatsoever shall be surrendered to the United States of America.
- The immediate removal of every individual maintaining residence in or citizenship of California as of April 9, 2020 from the United States of America and repatriation to California. This includes, but is not limited to all local, county, state and federal employees, both military and civilian, regardless of rank or position
- All “Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings” paid for, erected by and belonging to the United States of America shall remain United States Soil not subject to California’s laws. Completely free and unfettered passage shall be given to any and all United States military and civilian personnel to and from said property for the purposes of their continued operation and/or dismantling and removal of any and all real and personal property of the United States as determined by the United States Federal Government.
- At no time nor in any way, shape, manner or form is California to even attempt to appropriate assets of any kind belonging to the United States of America.
- Any and all matters contained and not contained herein but which the United States Federal Government in their SOLE opinion shall deem fair and just shall prevail in accordance with the will of the United States Federal Government.
- Any violations of the above, no matter how slight, as determined solely by the United States Federal Government, shall be considered an Act of War against the United States and the United States will respond accordingly.
If California doesn’t like these terms, they can pound sand, for We the People of the United States of America have poured FAR too much time, effort and money into California to allow their obviously falsely elected and nearly exclusively Democrat leaders (impossible in a state where 40% of the counties hold a Republican majority) to continue subverting the rights of the citizens of the United States of America living within California’s borders.