"Thursday night the streets were filled with excited crowds. No one talks of anything but the necessity for prompt action. . It is hardly prudent for any man to express his opinion adverse to immediate secession, so heated are the public passions, so intolerant of restraint is the popular will."
You would probably assume that this report came from California in the wake of the 2016 election, right? After all, Alex Padilla, the California secretary of state, has now authorized the Yes California Independence Campaign to begin collecting signatures for a state referendum on California's secession from the United States. As Marcus Ruiz Evans (Yes California's vice president) argues, "California really is different from the rest of the country. . Californians are better educated, wealthier, more liberal, and value health care and education more." Especially after the election of Donald Trump, the "next logical step" is for California to set up as an independent nation.
But you would be wrong.
We were actually quoting a report of the reaction of slave-holders in South Carolina to the election of Abraham Lincoln in 1860. As the old saying goes, politics makes strange bedfellows, this time linking the California secessionists with the slave-holding secessionists of Lincoln's era.
The demand for a so-called Calexit is not just a passing moment of electoral sore-losing. A former talk-show host, Evans insists that California, with the sixth-largest economy in the world and a population (39 million) that would put it 36th on the U.N. roster of countries, is "an economic and cultural powerhouse" that could easily go it alone. And getting a secession initiative on the ballot will not be hard to do. California law only requires 8 percent of the state's registered voters to petition for a ballot proposition. Evans would need to sign up less than one out of every 12 Clinton voters from the November election. As it is, a Reuters poll recently discovered that 32 percent of Californians were already in favor of secession.
Except, of course, that the U.S. Constitution doesn't smile very favorably on state secession. Which is why the Supreme Court slammed the door shut on secession in a decision authored by one of Lincoln's "Team of Rivals" - Chief Justice Salmon P. Chase.
The court explicitly held that "The Constitution, in all its provisions, looks to an indestructible Union composed of indestructible States."
International law, even if it were applicable, is only a little less permissive. Although the United Nations has recognized secession movements in East Timor, the Sudan, and the former Czechoslovakia, Duke University political philosopher Allen Buchanan reminds us that secession usually has to satisfy at least three criteria to be considered legitimate: