Problem
It is not possible for a state, protectorate, or territory of the United States to lawfully leave (secede from) the union. This means only war and revolution can bring about independence. It also stifles the freedom of peoples and undermines the international right to self-determination.
Solution
The 41st Amendment establishes a clear, reasonable process for secession.
The Text of the 41st Amendment
Section 1. The Right to Secede
Any state, protectorate, or territory (henceforth “state”) of the United States shall have the right to lawfully secede from the United States to achieve sovereignty/independence according to the provisions and requirements of this Amendment. The state may secede and achieve independence from the United States by (a) passing the application requirements according to a two-thirds (2/3) vote of the Supreme Court and (b) by achieving a three-fifths (3/5) vote of its permanent residents with a ten percent (10%) quorum, as detailed below:
Section 2. Initial Process
To be eligible for secession, the Applicant’s governor (or equivalent), along with a majority of its representatives, shall submit an Application, consisting of an Application Report and a Proposed Constitution, to the People’s House and Supreme Court.
Section 3. Application Report Requirements
The Application Report shall be no longer than ten-thousand (10,000) words and must include (a) signatures of the supporting governor and relevant representatives; (b) a statement of the Applicant’s general intent; (c) an outline of the rationale for secession; (d) a timeline if anticipated events, which from the time of submitting the Application to the official day of independence must be no less than two (2) years and no longer than three (3) years; (e) a draft plan for peaceful transition, including border security, travel, citizenship/membership, and commercial trade, transportation, and fair use of natural resources; (f) a non-aggression pact or resolution vowing not to attack or go to war with any neighboring political entity or government before, during, or after secession.
Section 4. Constitution Requirements
The Applicant’s Proposed Constitution shall be between six thousand (6,000) and thirty-six thousand (36,000) words and shall incorporate the following requirements: (a) ecological principles and requirements to ensure planetary sustainability and survival; (b) multiple layers or federations of both direct and representative democracy to empower the people; (c) an independent judiciary elected by the people; (d) a list of rights and responsibilities for each office, government branch, and citizens and/or members; (e) policies for preventing imperialism, colonialism, war, and mass destruction of sentient life; (f) policies preventing poverty, ensuring child protection, and ensuring sentient welfare; (g) conflict of interest policies for any and all officials; (h) policies preventing consolidation and concentration of private wealth; (i) policies governing constitutional amendments; (j) policies for effectiveness and strategic planning at each level of governance; (k) policies requiring accountability, transparency, regulatory oversight and feedback mechanisms of all governing functions and departments; and (l) policies allowing the people to overrule any policy or government action by a direct popular three-fifths (3/5) vote.
Section 5. Application Approval
Upon receiving the application, the Supreme Court shall review both documents solely to verify that they fulfill the above requirements in Sections 3 and 4. A two-thirds (2/3) vote of the Court is required for approval. During their deliberations, the Court may request revisions to achieve compliance and send the document(s) back to the applicant, which has thirty (30) days to resubmit a final draft for approval. The Court may not take longer than ninety (90) days in their final deliberations. Furthermore, no private entity or branch of government outside of the application signatories, at any time or in any manner, may compel or threaten the applicant to change their application materials or to withdraw.
Section 6. Candidacy Status and Final Vote
Once approved by the Supreme Court by a two-thirds (2/3) vote and thereby achieving Candidacy status, the Candidate must hold a binding, public referendum to secede. The election process shall be jointly overseen by members of the House and by the Candidate’s judiciary to ensure election integrity. The vote must take place over a span of thirty (30) days and achieve a three-fifths (3/5) majority with a ten percent (10%) quorum of registered voters to pass. Once passed, the United States Executive Board shall publicly recognize the independence of the new state, and independence shall come into full effect according to the Candidate’s proposed timetable.
Section 7. The Right to Withdraw and Obligation to Secede
Applicants or Candidates have the right to withdraw their application for secession at any time before the final public referendum begins. Candidates and United States government officials are obligated to carry out the secession plan after it has been approved by the final public vote.