Mises Daily by Clifford F. Thies | Posted on 4/28/2009 12:00:00 AM
Can states secede? There are three levels on which this question can be answered:
1.the inalienable right of secession,
2.the international law of secession, and
3.the US law of secession.
All three say yes.
The Inalienable Right of Secession
The Declaration of Independence of the United States of America invokes the self-evident truths that all men are created equal and are endowed by their Creator with certain inalienable rights, that governments are formed to protect these rights and gain their just powers from the consent of the governed, and that when a government becomes abusive of these rights, it is the right — no, it is the duty — of the people to alter or abolish that government.
To say governments were formed to protect the rights of men would be historically incorrect. Almost all governments were formed by ruthless men exerting their will over others through the use of force. Some governments, over time, evolved toward the rule of law, perhaps only because their rulers saw that this would sanction their own continued enjoyment of the wealth that they possessed. In some instances, this evolution involved one or more “revolutions” in which those who were governed were able to better establish the rule of law.
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