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Tuesday, December 4, 2012

Is Secession a Right?


Mises Daily: Wednesday, December 05, 2012 by David Gordon

Grant defeated Lee, the Confederacy crumbled, and the idea of secession disappeared forever, or at least that's what the conventional wisdom says. Secession is of no historical irrelevance.


Quite the contrary, the topic is integral to classical liberalism. Indeed, the right of secession follows at once from the basic rights defended by classical liberalism. As even Macaulay's schoolboy knows, classical liberalism begins with the principle of self-ownership: each person is the rightful owner of his or her own body. Together with this right, according to classical liberals from Locke to Rothbard, goes the right to appropriate unowned property.

In this view, government occupies a strictly ancillary role. It exists to protect the rights that individuals possess independently — it is not the source of these rights. As the Declaration of Independence puts it, "to secure these rights [life, liberty, and the pursuit of happiness], governments are instituted among men, deriving their just powers from consent of the governed."

But what has all this to do with secession? The connection, I suggest, is obvious: if government does not protect the rights of individuals, then individuals may end their allegiance to it. And one form this renunciation may take is secession — a group may renounce its allegiance to its government and form a new government. (It is not, of course, the only form. A group can overthrow its government altogether, rather than merely abjure its authority over them.)

The Declaration of Independence adopts just this position: whenever a government "becomes destructive of these ends, it is the right of the people to alter or abolish it." But the American colonists did not attempt to abolish the British government; rather, they "altered" it by withdrawal of the colonies from its authority. In brief, they seceded from Britain. As such, the right of secession lies at the heart of our country's legitimacy. Deny it, and you must reject the American founding.

One might here interpose an objection. Regardless of one's opinion of Jefferson and the Continental Congress, is it not consistent to accept natural rights, as conceived of by classical liberals, but refuse to recognize a right of secession? On this position, individuals have natural rights, but once they choose a government they are stuck with it. In response to this objection, we must distinguish two cases.

First, the position might hold that even if the government violates the rights it was established to secure, its subjects may not depart from it. But this is a strange contention: government exists for certain purposes, but it may continue unabated even if it acts against these very aims.

To this, it might be replied that to protect individual rights, resort may be had to means other than secession. One must concede to this view that alternatives to secession do indeed diminish the force of the imperative in its favor. After all, if a state may interpose its authority to block an enactment of the federal government within its borders, why must it also be accorded the right to leave altogether?

This view, I think, is logically consistent, but it has little to recommend it. Why should people give up this very potent means of keeping their government in check? To do so leaves their natural rights, if recognized in theory, nugatory in practice. At the very least we may say this: those who deny the right of secession have the burden of advancing a rationale for their view. Why should supporters of natural rights reject the right of secession?

Opponents of secession may, however, take a less extreme position. They may concede that secession is to be allowed should the government violate individual rights, but not otherwise.

A group may not renounce duly-constituted authority just because it would rather be governed by others. Does not the Declaration itself say that governments should not be changed for "Light and transient causes"?

This position no doubt is stronger than the utter repudiation of secession, but we must once more inquire: What is its justification? Prima facie, it appears that to hold that a group may remove itself from a government's authority whenever it pleases is more in line with classical liberalism's purely functional view of government. To deny this insinuates that the state is something other than a tool to secure rights. Just as an individual need not retain the services of a business, but may change to another, why may not a group switch protective agencies? More>>