In my time engaged in politically decentralist activism in general, and my work on Vermont independence in particular, I’ve noticed that it is very difficult to escape the long historical shadow cast by the Civil War. When considering the idea of using state sovereignty as a legitimate tool for resisting Federal abuses, the claim is often made that the issue was settled by the Civil War. The North (and thus centralized sovereignty) prevailed over the South (and distributed sovereignty) in 1865, and the question is thus closed.
Generally, this attitude is characterized by two key elements. The first is the concrete opinion that the Civil War functioned to cement America as “One Nation, Indivisible,” which is true, as far as it goes. In the years after the Civil War, the term “United States” morphed grammatically from plural to singular, and the balance of power between the Federal Government and the States has shifted continuously towards the former. However, though the aforementioned attitude is certainly descriptive of historical phenomena and trends, it is not, from a legal or moral standpoint, a valid argument against the legitimacy of the reassertion of a state’s sovereignty, up to and including its secession from the union. Rather, as has been argued persuasively and in great detail elsewhere, such principles as that of self-determination and the legitimacy of government being derived from the consent of the governed mean that subsidiary political units have the inalienable right to independence. Continue reading