Since Barack Obama's re-election, hundreds of thousands of petitions for secession have reached the White House. Some people have argued that secession is unconstitutional, but there's absolutely nothing in the Constitution that prohibits it. What stops secession is the prospect of brute force by a mighty federal government, as witnessed by the costly War of 1861. Let's look at the secession issue.
At the 1787 constitutional convention, a proposal was made to allow the federal government to suppress a seceding state. James Madison, the acknowledged father of our Constitution, rejected it, saying: "A Union of the States containing such an ingredient seemed to provide for its own destruction. The use of force against a State would look more like a declaration of war than an infliction of punishment and would probably be considered by the party attacked as a dissolution of all previous compacts by which it might be bound."
On March 2, 1861, after seven states had seceded and two days before Abraham Lincoln's inauguration, Sen. James R. Doolittle of Wisconsin proposed a constitutional amendment that said, "No State or any part thereof, heretofore admitted or hereafter admitted into the Union, shall have the power to withdraw from the jurisdiction of the United States."
Several months earlier, Reps. Daniel E. Sickles of New York, Thomas B. Florence of Pennsylvania and Otis S. Ferry of Connecticut proposed a constitutional amendment to prohibit secession. Here's my no-brainer question: Would there have been any point to offering these amendments if secession were already unconstitutional?
On the eve of the War of 1861, even unionist politicians saw secession as a right of states. Rep. Jacob M. Kunkel of Maryland said, "Any attempt to preserve the Union between the States of this Confederacy by force would be impractical, and destructive of republican liberty."
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