We Need to Talk About Soft Secession
Is it legal? Is it possible? And can we afford to wait and find out?
Let’s look at the landscape we are operating from. The federal government isn’t functioning, and Republicans refuse to govern in good faith. They obstruct, defund, and dismantle. Social Security and Medicare are on the chopping block, and federal agents can now racially profile, assault and abduct, citizen or not. SCOTUS has given Republicans carte blanche to ignore any law or precedent. Meanwhile, blue states send billions more to Washington than they get back, essentially funding their own destruction.
But the fact is, our states have the constitutional authority to refuse authoritarianism and build functioning governments. Here’s how we can make them use that authority.
The solution doesn’t require leaving the union or violence. The anti-commandeering principle, upheld repeatedly by the Supreme Court in cases like Printz v. United States and Murphy v. NCAA, means states cannot be forced to enforce federal law. Red states have used this for years on guns and abortion, and now blue states need to deploy it for human rights, social safety nets, and stable functioning governance.
The model already works. When the federal government mandated REAL ID requirements in 2005, 25 states simply refused to implement them. The program stalled for nearly two decades because the federal government couldn’t enforce it without state cooperation. When the federal government classified cannabis as illegal, states legalized it anyway. Today 41 states have some form of legal cannabis despite federal prohibition. The federal government backed down because enforcement became impossible. Between 1780 and 1859, northern states passed personal liberty laws that made the Fugitive Slave Act virtually unenforceable, with only 330 slaves returned despite federal law. More recently, nearly half of U.S. counties have declared themselves Second Amendment sanctuaries, refusing to enforce federal gun regulations.
If something is unenforced or unenforceable, then its legal status becomes practically irrelevant.
The infrastructure exists. States don’t need permission from Washington to protect their residents.
A good starting point is social safety nets. We need to demand state programs that replace federal benefits when they’re cut, and push for state single-payer healthcare or at least robust public option programs funded independently of federal dollars. The model has strong precedent, one great example is North Dakota’s state-owned bank since 1919, which has been profitable every year and continuously provided the state with financial independence from federal banking systems. By advocating for publicly owned utilities, broadband, and other services, we can generate non-tax revenue that benefits residents with better, cheaper services while creating funding streams for social programs. Another tool we should advocate for is to support multi-state compacts to pool resources. California, New York, Illinois, and Washington together represent massive economic power and should coordinate to protect their residents. The U.S. Climate Alliance already does this with 24 governors coordinating climate policy independent of federal action, representing 60% of the American economy and proving multi-state coordination works at scale.
On constitutional rights, especially critical if you’re in a red state, demand no state cooperation with unconstitutional federal actions. This means no state database access for agencies violating civil liberties, and state-funded legal defense for residents facing federal overreach. When federal agents can assault and abduct anyone, everyone’s rights are at risk, and your state must refuse to participate.
Interstate agreements on infrastructure, disaster response, and public health become essential when federal agencies are weaponized or defunded. States must fill the gap through coordination. During Trump’s first term, state attorneys general filed over 130 multistate lawsuits against federal overreach and won approximately 83% of them. The coordination infrastructure already exists.
To fight back, your state also needs economic independence through state banking systems modeled on North Dakota’s public bank. Trump has already cut funding to 16 Democratic states as political punishment, and your state needs the authority and infrastructure to withhold compliance when federal funds are weaponized. Blue state economic alliances can reduce dependence on federal cooperation. California has accumulated $76 billion in reserves, and Illinois Governor J.B. Pritzker has coordinated with other governors to explore how states can deploy financial resources to protect residents when federal funding is withheld.
Yes, this creates complications. Federal funding pays for critical services, and vulnerable populations depend on those services. The answer isn’t to accept federal extortion. The answer is for states to replace those services with state-funded alternatives, funded by the tax revenue blue states currently send to Washington that subsidizes red state governance. When your state sends billions more to the federal government than it receives back, the money exists. It’s being transferred to states that refuse to govern responsibly. Redirecting that revenue to protect your own residents isn’t radical. It’s responsible governance.
The path forward starts with direct action. Contact your state legislators, attorneys general, state treasurers, and governors with specific demands. Use bird-dogging tactics. Show up at their public appearances, town halls, and campaign events to ask pointed questions on camera. Record their answers and share them widely. Let them know you’ll be contacting their major donors to share their response or their lack of one. Politicians care about money and reelection, so make both contingent on action.
When you confront them, ask direct questions that require specific answers. Will you support legislation that automatically removes from our state ballot any presidential candidate who violates constitutional eligibility requirements, including the 22nd Amendment’s two-term limit? Will you refuse cooperation with federal agencies that violate constitutional rights? What specific steps are you taking to protect residents if federal benefits are cut? Will you support multi-state compacts to coordinate defense of our civil liberties? Don’t accept vague answers. Press for commitments with timelines.
Coalition building amplifies our voice. Cross-issue partnerships with climate organizations, labor unions, and civil rights groups create pressure politicians can’t ignore. Work with local Democratic parties to pass resolutions supporting these policies, and organize public events showing breadth of support. Make them count by having a clear goal. At the event, coordinate mass contact campaigns. Have everyone call, email, and visit representatives’ offices simultaneously. Overwhelm their systems. Make ignoring you impossible.
Sustained, visible protests at district offices create pressure that works. Public officials work in public buildings, and showing up during business hours is legal, effective, and forces accountability.
The legal precedent is settled, the economic leverage exists, and red states proved the model works. Federal dysfunction creates urgency, and constituents are ready. Representatives just need to see it and fear the consequences of ignoring it.
Some of this already exists. The infrastructure for resistance is there and just needs to be expanded and deployed for protecting human rights and social safety nets. Texas has been running this exact playbook for years. Operation Lone Star achieved an 87% reduction in border crossings through state action alone, regardless of federal immigration policy. Nearly half of U.S. counties have declared themselves Second Amendment sanctuaries. If red states can nullify federal gun laws and abortion protections, blue states can protect social safety nets and civil liberties.
You’ll know it’s working when state legislatures introduce bills, governors make public commitments, and multi-state compacts get signed. That’s blue states functioning as a parallel government protecting their residents.
Politicians should be more concerned about the consequences of selling out their constituents than what oligarchs and corporations want. The tools exist. The legal authority exists. The money exists. What’s missing is political will, and political will comes from organized pressure.
Let’s create so much pressure they have no choice but to represent us.
If you found this article worthwhile, check out my book
Conservatism: America’s Empathy Disordee
https://a.co/d/6d4b1uH
References
Abbott, G. (2024, November 18). Operation Lone Star decreases illegal crossings into Texas by 85%. Office of the Texas Governor. https://gov.texas.gov/news/post/operation-lone-star-decreases-illegal-crossings-into-texas-by-85
Ballotpedia. (n.d.). REAL ID Act of 2005. https://ballotpedia.org/REAL_ID_Act_of_2005
Becker, A. (2024, November 9). Maura Healey sued Trump nearly 100 times as Massachusetts AG; more fights ahead as governor. Boston Herald. https://www.bostonherald.com/2024/11/09/maura-healey-sued-trump-nearly-100-times-as-massachusetts-ag-more-fights-ahead-as-governor/
Berr, J. (2025, March 18). Trump administration cancels $8 billion for climate projects in latest shutdown cuts. CBS News. https://www.cbsnews.com/news/government-shutdown-climate-cuts-8-billion/
Chappell, B., & Gonzales, R. (2024, November 13). Illinois, Colorado governors announce state-level coalition to push back against Trump policies. ABC News. https://abcnews.go.com/US/governors-announce-states-coalition-push-back-trump-policies/story?id=115805249
Dennis, B. (2025, March 17). White House to slash $8B in funding for blue states. E&E News by POLITICO. https://www.eenews.net/articles/white-house-to-slash-8b-in-funding-for-blue-states/
Essential Civil War Curriculum. (n.d.). Personal liberty laws. https://www.essentialcivilwarcurriculum.com/personal-liberty-laws.html
FactCheck.org. (2022, December 8). Exploring Sen. Murphy’s claim about ‘Second Amendment sanctuaries’. https://www.factcheck.org/2022/12/exploring-sen-murphys-claim-about-second-amendment-sanctuaries/
Frisby v. Schultz, 487 U.S. 474 (1988).
Governing. (2025, May 6). REAL ID is finally here. What took states so long? https://www.governing.com/management-and-administration/real-id-is-finally-here-what-took-states-so-long
Hartocollis, A. (2021, January 20). California’s bill for fighting Trump in court? $41 million so far. CalMatters. https://calmatters.org/justice/2021/01/california-cost-trump-lawsuits/
History. (n.d.). Fugitive Slave Acts - Definition, 1793 & 1850. https://www.history.com/topics/black-history/fugitive-slave-acts
Johnson, A. (2024, November 7). Healey vows to shield Mass. residents if Trump follows through on mass deportation threat. The Boston Globe. https://www.bostonglobe.com/2024/11/07/metro/healey-says-administration-will-protect-undocumented-immigrants/
Legality of cannabis by U.S. jurisdiction. (2025). In Wikipedia. https://en.wikipedia.org/wiki/Legality_of_cannabis_by_U.S._jurisdiction
Merchant, N. (2025, March 17). Trump admin says it’s canceling energy projects in 16 blue states. NOTUS. https://www.notus.org/trump-white-house/russell-vought-trump-administration-cancel-energy-projects-blue-states-california-new-york
Murphy v. National Collegiate Athletic Association, 584 U.S. 453 (2018).
Nolette, P. (2020, November 16). State AGs have sued the Trump admin. 138 times — nearly double those of Obama, Bush. NBC News. https://www.nbcnews.com/politics/politics-news/state-attorneys-general-have-sued-trump-s-administration-138-times-n1247733
NPR. (2025, May 6). Real ID is finally being enforced after 20 years of resistance and ongoing doubts. https://www.npr.org/2025/05/06/nx-s1-5387735/twenty-years-later-the-real-id-deadline-is-here-heres-why-it-took-so-long
O’Donnell, C. (2025, March 27). State rainy day fund growth slowed in fiscal 2024. The Pew Charitable Trusts. https://www.pew.org/en/research-and-analysis/articles/2025/03/27/state-rainy-day-fund-growth-slowed-in-fiscal-2024
Peiser, J. (2022, May 11). Protests at Supreme Court justices’ homes appear to be illegal. The Washington Post. https://www.washingtonpost.com/politics/2022/05/11/protest-justice-home-illegal/
PolitiFact. (2022, May 13). Whether recent abortion protests are considered illegal would be up to a court’s interpretation, constitutional law experts say. https://www.politifact.com/article/2022/may/13/it-legal-protest-outside-justices-homes-law-sugges/
Printz v. United States, 521 U.S. 898 (1997).
Rayasam, R., & Ferriss, S. (2024, November 13). Pritzker, Colorado governor launch coalition to fight ‘threats of autocracy’. Chicago Sun-Times. https://chicago.suntimes.com/politics/2024/11/13/jb-pritzker-jared-polis-governors-coalition-democracy-safeguards-donald-trump
Recovered. (2025). Where is marijuana legal in the USA 2025? https://recovered.org/marijuana/marijuana-legalization-by-state
Sanchez, R. (2025, September 23). Pritzker directs state agencies to limit spending in response to Trump’s economic policies. WTTW Chicago. https://news.wttw.com/2025/09/23/pritzker-directs-state-agencies-limit-spending-response-trump-s-economic-policies
Second Amendment Foundation. (2021, April 8). Nearly half of all U.S. counties are now Second Amendment sanctuaries. https://saf.org/nearly-half-of-all-u-s-counties-are-now-second-amendment-sanctuaries/
State Innovation Exchange. (n.d.). About SiX. https://stateinnovation.org
Tactical Gear. (n.d.). Second Amendment sanctuary reviewed: Every U.S. state and county. https://tacticalgear.com/experts/second-amendment-sanctuary-reviewed-every-u-s-state-and-county
The Texas Tribune. (2024, April 22). Texas has spent $11 billion on border security. Is it working? https://www.texastribune.org/2024/04/22/texas-border-migrant-apprehensions-abbott-operation-lone-star/
U.S. Climate Alliance. (n.d.). Members. https://usclimatealliance.org/members/
USAFacts. (n.d.). Which states contribute the most and least to federal revenue? https://usafacts.org/articles/which-states-contribute-the-most-and-least-to-federal-revenue/
Once again, Christopher has inspired me to create my daily Representative demand crafted from his article. PLEASE FEEL FREE TO COPY AND USE
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Subject: Use State Power to Protect Our Rights and Safety Nets
Dear X,
Our federal government is failing—paralyzed by bad-faith obstruction, weaponized agencies, and a Supreme Court that has erased accountability. Meanwhile, blue states continue to send billions more in tax dollars to Washington than they get back—essentially funding our own erosion.
It’s time for our state to act.
The Constitution and multiple SCOTUS decisions (e.g., Printz v. U.S., Murphy v. NCAA) make clear: states cannot be forced to enforce federal laws. Red states have used this to block gun safety and abortion access. We can—and must—use it to protect civil rights, healthcare, and economic stability.
Here’s what I’m asking you to do:
* Refuse state cooperation with unconstitutional federal overreach. Ban local agencies from assisting federal ones that violate civil liberties.
* Create or strengthen state-level safety nets to replace federal benefits under threat (SS, Medicare, SNAP).
* Establish state-owned financial institutions (like North Dakota’s public bank) to protect funding and independence.
* Push for or join multi-state compacts to coordinate healthcare, civil rights defense, infrastructure, and disaster response.
* Leverage our tax dollars—stop subsidizing failed red state governance and redirect funds to protect our own residents.
The legal precedent exists. The money exists. What’s missing is your political will.
We need visible, legislative action—now. Will you support legislation to enforce constitutional limits on federal power? Will you commit to protecting residents if federal funding is slashed? I expect specific answers, timelines, and follow-through.
Inaction is no longer acceptable. Represent us—or step aside.
Sincerely,
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This version fits within Democracy.io's character limits (~1,950 characters including spaces) and can be sent to:
* Your state legislators (for laws and budget changes),
* Your governor (for executive action and multi-state compacts),
* Your state attorney general (to enforce and defend state rights),
* U.S. Senators and Representatives (to pressure federal coordination or expose failures).
I think Washington State is already beginning this course with our strong attorney general and governor stopping to say “that’s illegal, unconstitutional, and we’re not going to do it”. Gavin Newsom in California is implementing this plan. Now if some more states would just get ballsy enough to stand up to the orange faschist and take action.