While it is unlikely that California will pass all the legal barriers to split into multiple states, it could be much easier for counties to leave California and join Nevada.
The Bible and Constitution Made America Great: Appendix 4
Over the last several decades there has been an interesting division in America. It can best be seen by looking at a color-coded map showing the results of a presidential vote by county. There are dots of blue (Democrat) that represent large cities and metropolitan areas which are more liberal. Then there is a surrounding sea of red (Republican) representing rural counties which are more conservative.
Often cities and urban areas, with their higher populations, dominate state governments by electing a majority of the state legislators. There is nothing wrong with this, except there can be conflict when a majority imposes its view on the minority. In this case it is liberal cities imposing their political beliefs and agendas on conservative counties.
What are the issues? A few are:
- Gun control laws that restrict ownership of guns or ammunition.
- Green energy laws that mandate certain percentages of energy be produced from wind power or solar power.
- Restrictions on oil or natural gas exploration and production.
- Laws requiring homosexuality be taught in schools.
- High income tax rates (that may be used to pay for programs primarily benefiting residents of cities).
- Restrictions on agricultural activities on farm land.
In America today, there are major cultural and economic differences between liberals and conservatives. A number of conservative counties are growing tired of having liberal city politicians dictate and mandate their government policy. They feel they are being denied their right to self-government.
America has had settled state boundaries for well over a century. But as the power of state government has grown and become more invasive in the lives of citizens, there are some who resent it. Sometimes those resenting the state government intrusion form a majority vote of a county. What options do residents of the county have if their concerns are being ignored by their state government? They cannot easily secede to form a new state; the Constitution makes that difficult.
U.S. Constitution. Article IV. Section. 3.
New States may be admitted by the Congress into this Union; but no new State shall be formed or erected within the Jurisdiction of any other State; nor any State be formed by the Junction of two or more States, or Parts of States, without the Consent of the Legislatures of the States concerned as well as of the Congress.
There may be another alternative for these counties. The key wording is: “no new State shall be formed… without the Consent of the Legislatures of the States concerned as well as of the Congress.” That language imposes a significant barrier, requiring both states and Congress to agree. This is most likely impossible, as the politicians of states like power and their power is greater with more constituents living under their jurisdiction.
In essence, since a new state will not be formed, groups of counties switching states have a much lower hurdle to clear. If a group of counties leaves state A to join state B, all that is required is an affirmative secession vote by the counties and acceptance by state B to let them join the state.There is no question state A will sue to prevent the counties from leaving its jurisdiction, and the case will go to the Supreme Court, as it should. New law is being made. The author’s guess is that if the Court has a majority of originalist justices (Chapter 14), who interpret the Constitution as it was written, the ruling will confirm “a new state is not being formed” and the counties will be allowed to leave.
Shouldn’t counties have the right to choose the type of government that they desire? Isn’t this consistent with freedom?
The views expressed in this opinion article are solely those of their author and are not necessarily either shared or endorsed by EagleRising.com