The Colorado secession has people wondering whether Colorado seceding is even legal.
As previously reported by The Inquisitr, the Colorado secession would actually only include the northern rural regions of Colorado.
So, technically, these counties seceding from Colorado would only be forming a new 51st US state, not seceding from the United States entirely. They’re likely to call themselves North Colorado if they succeed.
Why Would Colorado Secede?
The Colorado secession of the northern regions came up over disagreement with their southern cousins over gun control and energy laws. The representatives for those counties claim the “governor and his Democrat colleagues in the statehouse have assaulted our way of life.” Thus, the Colorado secession would allow these counties to self-represent their views better since they disagree on many other issues with the rest of the citizens of the state.
Colorado Secession Legal Rights
Last year, when a presidential petition for allowing Texas to secede reached the tipping point, the Austin secession from Texas became a counter-point. When it comes to an entire state seceding from the union, sitting Supreme Court Justice Scalia wrote in 2006, “[The] answer is clear. If there was any constitutional issue resolved by the Civil War, it is that there is no right to secede.”
But various states have had their boundaries rewritten many times before in the past. Some states used to encompass large sections of the United States before they were split up. West Virginia, Maine, Kentucky, and Vermont were created in this fashion. Even the counties themselves have have been sub-divided many times. So the Colorado secession would not be so strange.
The original Supreme Court opinion on Texas v. White written in 1869 after the Civil War allows for the possibility of state secession “through revolution, or through consent of the States.” Still, the final decision rests with the authority of the Federal Congress: “Under the fourth article of the Constitution, it rests with Congress to decide what government is the established one in a State. For, as the United States guarantee to each State a republican government, Congress must necessarily decide what government is established in the State before it can determine whether it is republican or not.”
Do you think the Colorado secession legality allows for the counties to secede?