Secession: Catalonia and the U.S. Constitution

The U.S. Constitution includes the procedure for getting a new state into the union. Nevertheless, it does not constitute an article in terms of determining the procedure for which a state could opt to go out of the union. Although it may seem inappropriate to consider that scenario, the United States is a democracy and thus if the majority of the population of a particular state wanted to secede from the union and become an independent country they should have the right to do so under the principle of democracy.

There is a movement called “Calexit” that aims to hold a referendum for the secession of California. They consider that California is the sixth economy in the world, even greater than France, although they make those calculations establishing the ceteris paribus criteria, which implies assuming that everything would stay constant.

When looking more broadly, there are numerous movements around the world in which regions such as Scotland, Catalonia, and Flandes aim to create an independent country which they think would be more efficient at the same time that it would allow them to make their own rules and use their economic resources more effectively.

I want to highlight the case of Catalonia. On October 1^st, 2017, a unilateral independence referendum was held. The Spanish government was completely against the celebration of that referendum as they do not want Catalonia to secede since it is one of the richest regions of Spain. The Spanish police, though, could not find any ballot box before the celebration of the referendum and thus the poll stations opened. Nevertheless, the Spanish police strategy was to enter the poll stations using violence and taking away the ballot boxes. The result was a 90% of the voters (the votes that were not confiscated) in favor of independence.

After the failed attempt to stop the referendum, the Spanish government opted to bring the case to the justice which imprisoned part of the government. The president, though, to preserve the institution, fleed to Belgium. Knowing that there is a majority in Catalonia and that Spain is considered a democracy, even though the Spanish constitutional court says that it is unconstitutional to split from Spain, the constitution cannot be a constraint for freedom and thus the debate on whether Catalonia has the inalienable right to become independent is discussed among many who are starting to realize that the actions taken by the Spanish Government may not be so democratic after all.

Back to the US and the “Calexit”, in principle, a unilateral secession of a state would be unconstitutional, following the result of the American civil war, nevertheless, if we are on the 21st century, and we get to decide everything democratically, that is, collectively. Why would a secession not be accepted by a law, which is what the constitution is, that was created to protect and enforce the rights of every American citizen?

REFERENCES

http://www.businessinsider.com/calexit-explainer-california-plans-to-secede-2016-11

https://en.wikipedia.org/wiki/Secession_in_the_United_States

6 Responses to "Secession: Catalonia and the U.S. Constitution"

Langley Crisp says:

January 28, 2018 at 7:00 pm

Marc,

I think your discussion about the right for states to secede is a very interesting take on chapter one’s discussion about democracy. I also appreciate that you used the recent and relevant discussion of Catalonia in order to expand on your argument.

While I don’t disagree with your points, I would like to point out the idea of universal laws of morality and how those function in efficient societies like 21 century America.

I would argue that a code of ethics in which universal laws are accepted is relevant to this discussion. In order for a society to run efficiently, Kantian theory of ethics states that there must be universal laws that cannot be broken; if one person or entity was to break a universal law, who is to say that everyone can’t break the same law. In terms of democracy, if one state, such as California, were to attempt to secede from the United States, the entire principle of states which are united would be negated.

Furthermore, creating a procedure allowing for states to secede would only foster an environment which was arguably undemocratic. The point of a democracy is for units to work collectively in order to function, and for everyone involved in the democracy to be okay with the outcomes because of the fact that the conclusion was achieved in the name of a democracy.

Allowing for entities, such as states, to simply secede would negate a democracy in which even those who voted and lost comply, at least peacefully, with the decision made.

That being said, I very much appreciate your discussion on democracy and secession.
Andrew Griffin says:

January 30, 2018 at 7:32 pm

Marc,

Your assessment of how Spain, which is perceived to be a democratic state, employed undemocratic methods to destroy the Catalan succession movement was well-researched and challenged the reader. This question of whether or not a state could legally secede according to democratic principles is interesting. Your analogy of the Catalan independence movement to the state of California seceding was thought-provoking, though there are a few things worth pointing out.

First, there is a cultural element to the Catalan crisis. That is to say, Catalans are a different culture than the Spanish, and their national identity has historically been oppressed by the Spanish. While it is technically true that California was at one point in history an independent republic, it is fair to say that Californians have not been oppressed in the same way Catalans have and do not have the strong sense of national identity that Catalans have. A better example may be looking at the treatment of aboriginal peoples in Australia as analogous to the Catalan independence movement.

Another issue is that Californian secession affects all Americans. As you mentioned, California carries with it a substantial part of the economy. Secession could create economic chaos for millions of non-Californian Americans. As such, while Californians technically voting for independence could be seen as democratic, it may be seen as deeply undemocratic for other Americans. This ties into national identity again, and how Californians are Americans first and Californians second.

My final point is one that you allude to towards the end of your piece, which is that the Civil War has made it impossible for states to secede. While this may not have been what the framers have intended, it has become the precedent. Ultimately, Americans have granted elected officials in the federal government to have more power than officials at a local level, and as such, would be able to stop a Californian secession.

Overall, a well-thought out post.
Akshit Sharma says:

January 31, 2018 at 2:17 pm

Marc, I believe the answer to the question that you pose at the end of your post is a relatively simple one. In the United States, “Calexit” would not be permitted even though it is a democratic nation that stands to serve the people since it would violate one of the fundamental principles upon which the nation was not only founded but also one which helped endure tough times. I am referring to the idea of the nation being one or united, as Abraham Lincoln put it best, “A house divided against itself cannot stand.” America, like any other country, has its fair share of issues but no matter how many issues it faces, it will not allow a secession. Another issue with allowing secessions becoming a reality is the fact that say California were to be a separate country or federation, what is stopping Mexico or Canada or any other country for that matter from invading it?
Katherine Breed says:

January 31, 2018 at 4:53 pm

Marc,

I think your discussion on Spain offers an interesting perspective. I was studying aboard in Barcelona as these riots took place, and saw the reaction of the Catalans. Although I disagree with your argument, I do think you offer though-provoking ideas. Even though the United States is a democracy if a state, like California secedes from the union, becoming independent, the result would be very negative.

If all the wealthy states leave the union only the poor states are left. The Business Insider said “Instead of paying taxes to the federal government, Californians would keep that money in the state. Yes California expects those tax dollars would increase California’s budget by ‘hundreds of billions of dollars,’ seeing that the state has paid more in federal taxes than it has received in federal payouts every year since 1995.” The federal government pays for public schools and government funded programs, so “Calexit” would affect a child’s public education and potentially their life. States can be run how they want, however the federal government has the power, and even though California isn’t happy with the current president they can’t just try to leave because they feel like it. We as a country have benefitted from having a single currency, if California seceded would they change and have their own? How much would change from that? And who pays for that? You also have to considers aspects such as the army. Being separated from the union would they create their own arm?

California borrows a lot of money from the government, I’m not sure how they would survive on their own. The argument of Catalonia and California being similar is something I disagree with. I think Catalonia and a lot more issues for their referendum considering many southern Europeans don’t work. However, Catalonia has also benefitted finically from the Spanish government.

Overall, I really enjoyed your argument and like how you offered a comparison to Catalonia. I found it very engaging.

-Kate
James Weakley says:

January 31, 2018 at 6:39 pm

Marc
Thanks for posting on state secession, I find this issue to be very interesting and often critically think about state secession. Your argument in favor of granting states the right to secede raised two interesting points in particular, that I would love to further discuss. First, I believe comparing secession in the United States to Catalonia is a mistake. Catalonian independence is fueled by multiple social and cultural issues, rather than economic. A majority of Catalonian people prefer to speak Catalan, instead of Spanish and consider themselves a totally different cultural from the rest of the spanish population. In the United States I do not believe there is a mainstream cultural divide big enough around the country to cause a state to want to secede. The next point I would argue is that secession in the United States would hurt a lot more people than it would protect. Assuming there is a desire for states to secede and the government obliges, anarchy would ensue. Giving states the right to secede, I believe would slow down, an already inefficient government a lot more. Politicians and state governments would begin to leverage secession against the federal government, if policy they don’t agree with is passed. I know this may sound very petty and unrealistic, but remember politics is very petty. The United States would continue to divide itself further splitting off into a current copy of the United States under the Articles of Confederation. History repeats itself, and the last time states seceded there was a civil war.
Once again thanks for the post, I enjoyed writing on this issue.
Stephanie Ellicott says:

January 31, 2018 at 10:20 pm

Marc,

I thought your blog post was very interesting a thought provoking. Although I heard tidbits about the secession of California from the United States, I think I always brush it off because, in the words of so many other Americans, “that will never happen.” As they mention on USA Today, “California’s own Constitution (A3s1) states that, ‘The State of California is an inseparable part of the United States of America, and the United States Constitution is the supreme law of the land.'”

However, I think it is time for us to address that what we used to think “would never happen” happens. A television personality star becoming president? That will never happen. The UK leaving the European Union? That will never happen. But in actuality, these things all did happen.

Can California actually secede from the United States? Although it may be unlikely, it is important to not come to conclusions and brush it off. Not only would the secession of California be devastating for the state itself, but also for the rest of the nation. How would future elections in the United States look? Would liberals be tremendously outnumbered by conservatives? As you stated, California has one of the largest economies in the world. Although they may be financially suitable to exit the union, they will need to recreate a whole new system of democracy (or other governing power) for themselves. All that this state once benefitted from being part of the United States will be gone and they will have to fend for themselves. It would simply be chaotic.

Although it might not seem “democratic” for a state to be denied the right to secede, in my opinion, the reasoning for them to secede is simply not strong enough. It would only do more harm than good for both the state of California and the rest of the United States.

Thank you for bringing up such an important issue and for your insightful comments.

-Stephanie

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