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I have no skin in the game, but I think that in a democracy if you forbid the people from at least expressing a yes/no on whether they should continue to be governed by the group currently governing them, you are breeding discontent. If a democracy is nominally a government of the people, by the people, and for the people, then the legitimacy of the government is driven by the continued support of the citizens. If a portion (or region) of your populous wants to no longer be collectively governed by the current group and would instead rather form their own government more attuned to their needs, why not at least let them find out if the other people in their group agree? I personally think any democratic government should allow for succession. So, to your point, perhaps the judge is just 100% about following the law, even if they disagree. They could just as well be a 'stay' voter imposing their will on others. In either case, the underlying laws that are forbidding the vote, binding or not, are what I find objectionable. But again, I have no skin in that particular game and am just a bystander. |
You know, this makes sense on the surface, but when you start to think about the details, the trickiness of the situation becomes apparent.
Ok, so we are going to allow seccession. Well, how big a group does it have to be to be allowed to secede? Can I secede as an individual, and make my house an independent nation? A neighborhood? A city? A county? A US State? Each level is going to have its own problems.
Ok, lets imagine we agree on the minimum size we will allow to secede. Let's say we are in the USA, and we decide a state can secede.
Does it require a simple majority? 2/3rds vote? 3/4ths? We have a constitution for a reason, to protect the minority from the majority. We have decided the majority can't do certain things (like establish a state religion, or ban the practice of minority religions), but do we allow a secession vote to be an end-run around that idea? Could a majority just vote to secede and create a new nation that doesn't have the protections for minority viewpoints?
How do we even do the vote? Do we vote as individuals, or do our state representatives make the decision?
Ok, suppose we set decide an individual votes, and you need 2/3rds to vote to secede. Well, who gets to vote? Let's imagine it is Texas voting to leave; does Joe, the guy who moved from California 3 weeks ago get to vote in the secession? What about the guy who moved there 3 years ago, but lives a quarter of the time in South Dakota? What about people who own houses in Texas but live somewhere else?
I think a big part of this comes down to the fact that once you are a single nation, there is no longer a clear definition of who would have standing to secede. I don't need to request permission to move to a different state in the United States, I just do it. The entity that can make the decision to break apart is only the entire country; if Texas wants to secede, it would have to be as a decision the entire country makes together, since that is the unit of sovereignty that exists.