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Oregon Secession from the United States Initiative (2018)
Oregon Secession from the United States Initiative | |
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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:
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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
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
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
- ↑ 1.0 1.1 Oregon Secretary of State, "Oregon Secession Act," November 9, 2016
- ↑ Yes California, "Yes California's Calexit Blue Book," accessed November 10, 2016
- ↑ 3.0 3.1 OPB, "Sponsors Of Oregon Secession Initiative Petition Withdraw Support," November 11, 2016
- ↑ NBC Bay Area, "Presidential Election Aftermath Spurs Cal-Exit Dreams," November 10, 2016
- ↑ Cornell University Law School, "Texas v. White," accessed November 10, 2016
- ↑ 6.0 6.1 Washington Post, "So you want to secede from the U.S.: A four-step guide," June 27, 2016
- ↑ OPB, "Should Oregon Secede? Initiative Seeks To Ask Oregon Voters That Question," November 10, 2016
- ↑ 8.0 8.1 KATU, "Petition wants Oregon, other states to secede and form their own country," November 10, 2016
- ↑ Portland Tribune, "'Secession Act' aims at conversation on Oregon's place in changing nation," November 10, 2016
- ↑ 10.0 10.1 The Oregonian, "After Donald Trump victory, Oregonians submit ballot proposal to secede from the union," November 10, 2016
- ↑ New York Times, "Live Presidential Forecast: Oregon," accessed November 10, 2016
- ↑ Oregon Secretary of State, "Initiative 9," accessed November 10, 2016
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State of Oregon Salem (capital) |
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