Can California Really Secede? Legal Expert Weighs In on 'CalExit'

Could California Really Become Its Own Country? Legal Expert Says ‘Not Likely’

The idea of California breaking away from the United States has resurfaced with a new CalExit campaign, but is there any legal path forward? Attorney Annie Lofthouse from the Walter Clark Legal Group joined The Roggin Report to provide clarity—and the answer is no.

A ballot initiative is in the works, with supporters needing 546,651 signatures to put the issue before voters. If approved, a 20-member commission would evaluate the feasibility of California becoming an independent nation. But even if it gets on the ballot, serious legal barriers stand in the way.

“The California Constitution states that the state is inseparable from the U.S.,” Lofthouse explained. “And the U.S. Constitution provides no mechanism for a state to secede.”

A key legal precedent dates back to 1869's White v. Texas, when the U.S. Supreme Court ruled that states cannot secede unless through revolution or with the consent of all other states.

So, is California leaving the U.S. anytime soon? “Highly unlikely,” Lofthouse concluded.

For now, CalExit remains more of a political statement than a legal possibility.