The historic vote in Scotland against independence has separatists around the world crying in their Scottish ale. Although, while not successful, subdivision of centralized government is still a boon and not a bust for such causes going forward. However, folks here should not confuse what might have happened in Scotland with what should happen in the United States.
There is a significant difference between Scotland’s historic try at separating from the United Kingdom and secession of a state from the United States. The UK IS a top-down centralized, legal, national state in two forms; monarchical and by governmental structure. The Union of United States of America IS NOT regardless of the clever ploys and propaganda by nationalists over 150 years to get the population to believe otherwise. Nowhere in our FEDERATED UNION legally, structurally or organizational was such formation put into it’s organizing documents. We are a group of federated nation-states, each (supposedly) independent joined together by contract and the common bond of principles instituted in a Constitution.
This point, due to the lost understanding of the population, cannot be emphasized enough. The United States were never formed to be governed or operated as or by a centralized, national government. A federal government was formed as an agent government subservient to the States in every aspect EXCEPT to carry out a strictly defined and limited (17 in the original) set of delegated powers.
The myth of a top-down, legal, national state is solely an invention of nationalists and a complacent, dumbed down or ignorant population and the political class they elected. It is a complete misnomer that the United States “is” anything relevant at all. It should be stated in the plural form, not singular. The proper way to refer to the United States should always be that the United States “are” a constitutionally (contractually) joined entity of co-equal nation-states. The Federal government is only there TO SERVE those nation-states NOT RULE them. It serves them by staying within the strictly limited bounds specified in the contract. Otherwise it is a complete contradiction to the phrase, “free and independent states.”
That is why Secession or legal independence is not a useful tool for the any of the United States to employ. They are already “free and independent.” The problem, as Chief Justice John Roberts recently pointed out in his leading opinion in the NFIB v. Sebelius holding, is that “The States are separate and independent sovereigns. Sometimes they have to act like it.” That quote is an earthquake that very few have felt yet in the states. Most legislators, Governors and State Attorney Generals have yet to wake up and smell the coffee on a wide variety of State powers that have been neglected for more than a century.
On every thing from control of public lands, to environmental regulation, education, endangered species and economic activity the states are treated as bastard baby brothers and sisters because they ACT LIKE THEY ARE. No state need to secede, nor likely will be successful in doing so. What needs to happen is to take the proper control of their own destinies as independent nation-states of the world and once again subordinate the federal government in EVERY AREA EXCEPT those listed powers of the Constitutions. The best way to do that is by the recent example given by Colorado in approving Amendment 64. “Just Say No” to federal prohibition and control of Marijuana within their borders. Opting -out and interposition of the state between its citizens and the Feds can be accomplished again and again and again in every area of interference.
They only have to follow the Nike model of governance. “Just Do It!”