This week some notice has come to a fringe theory that California could and should secede from the United States. We reject both propositions. States Have No Power to Secede The first problem California secessionists face is the absence of any authority for secession. There is no legal basis for a state to secede from the Union. Article 4, section 3 of the U.S. constitution has a procedure for adding new states or subdividing existing states—both require Congress to consent. But there is no procedure, at all, in the federal constitution for a state to secede. And Article 3, section...
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SCOCAblog is a Berkeley Law & Hastings Law Journal publication focused on substantive coverage of the Supreme Court of California. We provide analysis of doctrinal and procedural issues in cases before the court, and news about developments pertaining to the court itself. Our contributors include former justices of the court, academics and practitioners with subject matter expertise, and advocates experienced in appellate practice before the state high court.
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