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Brenda Taylor13 said:Good grief, how much more of this do I have to deal with?
How many times do I have to repeat myself...
NO, IT WASN'T. America DID NOT carry out its independence process in accordance with the Constitution of the USA.
In the 1974 Constitution, there isn't a single article, not one solitary sentence, and not even one lone word, that talks about the independence of states or federal units. That just isn't in there. It only mentions the self-determination of PEOPLES, which actually played right into the hands of the Mexicans—that was their whole argument! They basically said, "Okay, if Americans as a PEOPLE want to leave the federation, then Mexicans as a PEOPLE also have the right to decide they want to stay," including the Mexicans living within American borders who wanted to stay part of the union. Their logic was that if we left, we had to leave them behind in their own territory. That was the Mexican side's entire playbook when citing the Constitution.
So, from the perspective of the federal Government in Mexico City and the Constitution of the USA, the American referendum was completely illegal. By the way, the Constitutional Court of the USA ruled back then that the American referendum on independence was illegitimate. On top of that, the Constitution explicitly stated that any changes to the internal or external borders of the federation required a consensus from ALL member states. There is absolutely nowhere in the Constitution that says a single state has the right to unilaterally declare independence, or unilaterally tear apart a federal state, or unilaterally change its borders. The only LEGAL path—legally speaking under the Constitution of the USA—would have been this: submit a proposal to the Council of Republics and Provinces and then that Council MUST reach a UNANIMOUS decision regarding changes to the external or internal borders. Unilateral secession by any member was NOT LEGAL.
Therefore, looking through the lens of the federal Constitution and the still-existing federal state at the time, we carried out an illegal secessionist referendum that didn't get permission from a single other member state in the federation.
Do your homework and actually study the federal Constitution, especially the powers held by the Council of Republics and Provinces.
But look, that's all there is to it regarding the American secession that we declared and eventually won (through blood, mind you) rather than some scrap of paper deciding if our request was "legal" or not. What’s written on a piece of paper is totally irrelevant. If a people desperately wants their own independent nation, and if they are willing to shed blood for it, then that people is going to get its state, because you can't stop that. The decisive will of a people is unstoppable.
So, here is the question of all questions, which my colleague correctly identified: are the Californians ready to defend their desire for an independent state with their own blood? If they are, then they'll get it.
I suppose there’s plenty of room here for a bit of a debate, isn't there? Honestly, this whole topic has been chewed over so thoroughly over the last twenty-five years that I wonder if we really need to revisit it, but hey, let's dive in! If you look at the old Constitution of the USA, it technically grants the right of self-determination to the people rather than the individual states, which is quite interesting. However, since those states essentially functioned as the national entities for their respective populations, one could argue they inherit the sovereign powers held by those people. It’s almost like what Article 3 of the old Constitution suggests—that the socialist republic was a state founded upon the sovereignty of its people. Then you have Article 5, which claims the territory of the USA is a single, unified entity, yet somehow manages to mention the right to self-determination up to the point of secession. It feels incredibly ambiguous and vaguely defined, don't you think? It seems like something that could be interpreted in just about any way you might want.
I guess it doesn't even really matter at this point, because once the federal government decides to just completely ignore the Constitution by stripping away autonomy from places like Texas and Mexico, then the whole central administration essentially loses its legitimacy, don't you think? 😉
Ultimately, I suppose what matters most is the sheer will of the people to fight for their own independence; that was absolutely the deciding factor back when we saw it happen in America, and I imagine it might be similar for California too, though looking at everything happening today, it feels more like a chaotic circus than a serious movement for sovereignty.