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Oregon Secession from the United States Initiative (2018)

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Oregon
Secession from the United States Initiative
Flag of Oregon.png
Election date
November 6, 2018
Topic
Federal constitutional issues
Status
Not on the ballot
Type
State statute
Origin
Citizens


The Oregon Secession from the United States Initiative did not appear on the November 6, 2018, ballot in Oregon as an initiated state statute.

The measure would have called on the Oregon Governor and Oregon Legislature to pursue the state's secession from the United States of America. The initiative would have also provided that Oregon "seek secession alone or in conjunction with other states and Canadian provinces that seek to form a new nation, including but not limited to California, Washington, Hawaii, Nevada, Alaska and British Columbia."[1]

A secession initiative, nicknamed "Calexit", was proposed in California. The measure did not make the ballot.[2]

Supporters of the initiative withdrew their initiative petition on November 14, 2016.[3]

Secession

There is no mechanism in the United States Constitution for a state to secede from the United States of American.[4] In Texas v. White of 1869, the United States Supreme Court ruled that the union between states is "complete," "perpetual," and "indissoluble," "except through revolution or through consent of the States."[5] As former United States Supreme Court Justice Antonin Scalia said, "If there was any constitutional issue resolved by the Civil War, it is that there is no right to secede."[6]

For a state to secede from the United States, the United States Constitution would need to be amended. Amending the United States Constitution would require a two-thirds vote of each chamber of the United States Congress and ratification by 38 states. An alternative would be to call a convention of states, have two-thirds of the delegates at the convention back the state's secession, and then have 38 state legislatures approve the amendment.[6]

Text of measure

Ful text

The following was the full text of the measure:[1]

Whereas the People of Oregon prize life, liberty, equality, and the pursuit of happiness as unalienable rights of a free people;

Whereas many other American States do not share those values as shown by their electoral outcomes, laws, and public policies;

Whereas irreconcilable differences exist between Oregon and many other American States;

Whereas the U.S. Congress no longer is capable of addressing issues important to Oregon and protecting the rights of free people;

Whereas the federal government has proved a poor steward and manager of public resources in Oregon;

Whereas governments derive their just powers from the consent of the governed;

Whereas in the course of human events, it sometimes becomes necessary for one people to dissolve the political bands that have connected them with another;

The People of Oregon therefore enact the following Oregon Secession Act:

Section 1. The Governor and Legislature shall actively pursue Oregon’s peaceful secession from the United State of America. They shall seek secession alone or in conjunction with other states and Canadian provinces that seek to form a new nation, including but not limited to California, Washington, Hawaii, Nevada, Alaska and British Columbia.

Section 2. Upon securing a secession date, the Governor and Legislature shall support convening a Constitutional Convention with any other states or provinces that might have joined Oregon in secession.

The Governor, Legislature and Oregon Convention Delegates shall advocate for and support the following principles during formation and execution of the Constitutional Convention:

a) The number of Convention delegates should be proportional to the population of each state and should be selected by nonpartisan election.
b) The Constitution should be grounded in democratic principles and preserve the life, liberty, equality and pursuit of happiness of the people.
c) The Constitution should establish popular election of the chief executive.
d) The Constitution should require nonpartisan elections and forbid privileged ballot or electoral access based on affiliation with a private organization or political party.

Support

Arguments

Christian Trejbal, a lawyer and sponsor of the initiative, stated, "It’s an open question for us. Is there really a place for Oregon in the United States anymore? Can our values fit with everyone else’s values? And we wanted to start that conversation."[7] He added, "Equality is not a value that a lot of states hold. There is bigotry out there against minorities, people of color, against immigrants, against the LGBTQ community."[8]

Jennifer Rollins, another sponsor of the initiative, argued, "If you look what’s happening on the West Coast, it’s very different from what’s happening in the rest of the country. All these progressive things we’re doing here are something we care about. That’s not the case in other parts of the country."[9]

Background

Presidential election, 2016

See also: Presidential election, 2016 and Presidential election in Oregon, 2016

The Oregon Secession Initiative was proposed following the presidential election on November 8, 2016.[10] Businessman Donald Trump (R) defeated former Secretary of State Hillary Clinton (D) in the election. In Oregon, however, Clinton received 52 percent of the vote compared to Trump's 41 percent.[11]

Christian Trejbal, a sponsor of the initiative, said, "Part of it is a response to the election and part of it is we wanted to move quickly while there is passion out there and people are willing to entertain this idea."[8] He also stated, "Oregonian values are no longer the values held by the rest of the United States. Life, liberty, the pursuit of happiness, plus equality. Obviously, [the initiative] came about partially in response to the election results on Tuesday."[10]

Path to the ballot

See also: Laws governing the initiative process in Oregon

Christian Trejbal and Jennifer Rollins of Portland, Oregon filed the proposal with the Oregon Secretary of State on November 10, 2016.[12] Oregon requires that 1,000 signatures be submitted before a ballot title is drafted.

The petition was withdrawn on November 14, 2016. Supporters of the initiative said the petition was withdrawn due to threats they were receiving.[3]

Petitioners would have been required to collect 88,184 valid signatures to get their initiated state statute on the ballot. Signatures for initiatives must be submitted four months prior to the November 6, 2018, election.

See also

External links

Footnotes