New cry from some Obama foes: It’s time to secede

11/27/2012 6:35 AM

11/27/2012 7:02 AM

In the three weeks since President Obama’s re-election victory, his most ardent foes — nearly 1 million people from all 50 states — have signed online petitions to take their opposition to the extreme: seceding from the United States.

They’re doing it on the White House’s “We the People” website, taking advantage of a pledge to review any petition that gains at least 25,000 signatures.

Texas was far ahead of the pack with 117,373 digital signatures on its petition by midday Monday.

“Given that the state of Texas maintains a balanced budget and is the 15th largest economy in the world, it is practically feasible for Texas to withdraw from the union,” the petition states.

“To do so would protect its citizens’ standard of living and re-secure their rights and liberties in accordance with the original ideas and beliefs of our founding fathers, which are no longer being reflected by the federal government,” it says.

Randy Dye, a North Carolina tea party member and retired trauma nurse from Pittsboro, started his state’s petition, which had drawn 30,392 signatures, good for sixth-most among all states.

While helping victims of Hurricane Sandy in the New York City borough of Queens, Dye explained why he would like North Carolina to leave the union.

“States need to turn into countries where we keep our own money,” Dye said in an interview.

As of Monday afternoon, 11 would-be seceding states — Texas, Georgia, South Carolina, Louisiana, Missouri, Tennessee, North Carolina, Alabama, Oklahoma, Florida and Ohio — have reached the 25,000-signature threshold that the “We the People” website promises will gain an official Obama administration review. Nine of the 11 states voted against Obama in the Nov. 6 election, with only Florida and Ohio as pro-Obama outliers.

“Every petition that crosses the threshold is reviewed and receives a response,” White House spokesman Matt Lehrich said. “As a rule, we don’t comment on the substance of those responses until they’re issued to the petitioners.”

Secession’s legality

Some constitutional law scholars say that while it wouldn’t be impossible for a state to secede, to do so legally would entail highly implausible steps such as gaining ratification of a constitutional amendment or passage of a law redrawing the nation’s boundaries.

“It all boils down to whether the larger country is willing to accept a peaceful withdrawal,” said Sanford Levinson, a law professor at the University of Texas in Austin.

“I think it is a fantasy, but given the history of the United States, secession is not necessarily a laughing matter,” Levinson said. “The Constitution doesn’t specify an answer one way or another. My view is that it’s a close call.”

Akhil Reed Amar, a Yale University law professor, disagrees.

While the Constitution doesn’t directly address secession, Amar said, the founding document makes it clear in a half-dozen clauses that such a move is banned and would be tantamount to treason.

Amar said the most important provision, known as the Supremacy Clause in Article 6, makes clear the authority of the Constitution, along with federal laws and treaties, over “anything in the constitution or laws of any state.”

“What the Constitution says repeatedly is once you’re in (as a state), you’re in,” Amar said. “If people want to secede, they are allowed to leave, they just can’t take the land and the water with them. There is a lawful way to secede — it’s called emigration. They can move to Canada.”

The secession movement has prompted a counter-secession drive on the White House website.

Several petitions demand that any seceding state pay its share of the national debt or make another form of restitution before leaving the union.

A total of 8,575 Austinites and supporters have petitioned for the Texas capital to withdraw from the state before it secedes, while 1,622 Atlantans and allies are making the same request should Georgia go.

The White House website does have a few kinks. There’s no way of verifying the residence or even the identity of any petition signers, and indeed among those who’ve signed onto the Texas secession drive, there appear to be as many who say they live outside the Lone Star State as in it.

Joe Dugan, head of the South Carolina Tea Party, sympathizes with the would-be secessionists and knows a number who are among the 39,572 petitioners for the Palmetto State to leave the union.

Dugan, though, refuses to sign any of the “We the People” petitions on the White House website — and warns that those who do so are taking a big risk.

“I am not going to put my name on any Obama website,” Dugan said. “I don’t trust the Obama administration people as far as I can throw them. I think there’s a good chance that at some point they will reference that database and there will be retaliation” against the secession petitioners.

The White House declined to comment on Dugan’s concerns.

Dozens of secession movements have existed before Obama’s re-election fueled the new wave.

Christian Exodus, bemoaning “the moral degeneration of American culture,” has called on all “Christian constitutionalists” since 2003 to move to South Carolina and create “an independent Christian nation that will survive after the decline and fall of the financially and morally bankrupt American empire.”

Independent Long Island is a 5-year-old initiative that wants the slice of New York jutting into the Atlantic to become “a viable and independent new country,” though its promoters avow that mere statehood will be “seriously considered” if full nationhood can’t be achieved.

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