U.S. Constitution - Article IV | Resources | Constitution Annotated | Congress.gov | Library of Congress Article IV, Section 3 of the United States Constitution grants Congress the authority to admit new states into the Union. It establishes the legal mechanism by which the United States may grow and evolve, incorporating new territories as equal members of the federal system. However, this section is conspicuously silent on the matter of a state’s right to exit the Union. This omission creates a fundamental imbalance in the principle of federalism and raises serious questions about the authenticity of American liberty and self-determination.
If the Constitution clearly affirms that new states may enter the Union, then true freedom demands that it also acknowledge their right to leave it. A voluntary union cannot be truly voluntary if no lawful pathway exists for disunion. The absence of such a provision implies a permanent, binding contract—one to which future generations are held without recourse. This stands in contradiction to the core values of democratic consent, individual sovereignty, and the right of the people to determine their own political destiny.
History reminds us that the issue of secession is not merely theoretical. The Civil War, while fought over numerous complex issues, was also rooted in the question of whether states retain any right to withdraw from the federal compact. The Union’s victory settled the matter by force, but the underlying constitutional silence remains unresolved. In a modern age that values autonomy, transparency, and peaceful resolution of political disputes, we must do better than to leave such a profound issue to the battlefield or to ambiguity.
Therefore, we propose an amendment to Article IV, Section 3 that explicitly outlines the conditions and legal process by which a state may democratically pursue secession from the United States. Such a provision could include requirements such as:
- A state referendum demonstrating a clear majority in favor of secession;
- Legislative approval by the state’s government;
- Negotiated terms between the seceding state and the federal government;
- Congressional ratification of the separation agreement.
By codifying a lawful, peaceful mechanism for secession, the Constitution would reinforce the ideals of consent of the governed and the right of a people to choose their own political future. It would strengthen—not weaken—our republic by acknowledging that true unity must be chosen, not imposed.
Freedom is not merely the ability to join, but also the right to walk away.