An Unlikely Phoenix

by Frank Zafiro

  “Because I’ve spoken with the Prime Minister.”

  No one replied as the weight of her words sank in. Finally, August said softly, “That is a very dangerous gambit indeed, Madame Governor.”

  “I don’t see it that way. The discontent of many states, ours included, is out there. Even if the majority of the mainstream media isn’t reporting it, alternate streams carry the discussion constantly. The Prime Minister knows this, the President knows this, and we all know it. What purpose does it serve to pretend otherwise?”

  “I agree,” Gregory said. “But I can’t believe that Canada refuses to support us.”

  “That wasn’t what he said. But he was clear that he couldn’t risk recognizing us a sovereign nation or to consider any petition for annexation unless our separation from the United States was settled and complete.” She looked around the room. “In other words, ladies and gentlemen, with the potential exception of our sister states, we are on our own. No nation is going to risk the wrath of the United States to recognize our independence or otherwise assist us.”

  “Mexico will,” Héctor Chavez insisted.

  “That isn’t what her President has told me,” the Governor said. “In fact, I got the distinct impression that in addition to the concerns that Canada expressed, President Ibanez was also worried about how adding our state would upset the balance of power in Mexico. Not to mention any other states that might follow suit.”

  “Which New Mexico will consider,” Héctor said grandly. “Maybe Arizona, as well. And if we all secede, Texas may even follow suit. The Latino population here in California is fifty-two percent, and in the other states I mentioned, it is now the largest minority. You can’t argue with those numbers, ma’am.”

  “I don’t argue your numbers, Héctor. I fully expect our next Governor will be Latino, and I’m happy about that. But what I will say is that Mexico doesn’t have the political will to take a risk of this magnitude. At least not right out of the gate.”

  Héctor shook his head. “I’m certain Mexico would immediately recognize and even ally with us. California represents a majority of her exports. I have many contacts inside the Mexican government, who all assure me –”

  “I’m certain you do, Héctor,” the Governor said, interrupting once more. “But I’ve spoken directly to Los Pinos. Both he and the Canadian Prime Minister have veto powers, and neither legislative body is able to overcome that with a super majority.”

  Héctor pressed his lips together, and glanced away. “We shall have to agree to disagree, Madame Governor.”

  “I accept that,” the Governor said.

  “Other nations, then?” Alex asked her. “Britain, France, the Second Soviet Union?”

  “No again. Britain and France for the same reasons as Canada and Mexico. Such an action would be considered too much of a provocation to the United States. And since the fallout between the President and the Russians over the forming of the Second Soviet Union, do you really think it is in our best interest to ally ourselves with them?”

  Alex shrugged. “Enemy of my enemy...”

  “The United States is not our enemy!” snapped August.

  No one else spoke for a long moment. Then the Governor said, “I agree. Or maybe I simply hope it is true. But in any event, I won’t alienate the White House further by immediately allying with a nation that is an enemy of the United States in all but name. That would destroy any chance of this being a peaceful process. But I think it is clear that any of the nations we might want to support us will not, at least until we’ve proven we can stand on our own, and those that might support us are likely not nations we want to align ourselves with.”

  “Most nations will see us as a rogue state, or as rebels. At best.” August’s tone was dark.

  “I wonder about that, too,” said the Governor, “so we must proceed carefully. Looking past independence, our most natural geographic ally would be the very nation we’re seceding from, and quite frankly, we also represent perhaps her greatest threat for the same reasons. So we must consider every peaceful option available to us. And peaceful also means lawful.”

  “Secession is not lawful,” August murmured.

  “So say some,” the Governor replied. “But I believe we have some legal precedent. Have any of you ever heard of the Nullification Theory?”

  There was no reply. Alex knew the answer, but said nothing. Finally, it was August who once again spoke up. “Are you referring to the theory championed by Senator Calhoun of South Carolina?”

  “The very one.”

  “With all due respect, that’s preposterous.”

  “Is it?”

  “Utterly.”

  James Mallory put his hand in the air. “At the risk of sounding ignorant...what are you talking about?”

  The Governor motioned to August to explain. The loquacious senator needed no further prompting.

  “The Nullification Theory was popularized in the Southern states before the Civil War. It held that since the federal government existed due to the will of the states, if that government passed any law which a state deemed unconstitutional or detrimental to its sovereign interests, the state could nullify that law within its borders.”

  “So just ignore it?” James asked.

  “More than that,” the Governor said. “Label it unconstitutional and null and void within the state.”

  “The state would be the final authority on the matter,” August said. “Not the President, Congress, or the Supreme Court.”

  James didn’t reply, but several of the senators were nodding in agreement with the idea.

  “Don’t allow yourself to be overcome with excitement,” August said. “The very concept flew in the face of the Constitution’s Supremacy clause, which states very clearly that federal law cannot be superseded by state law. On the strength of that, President Andrew Jackson ultimately forced South Carolina to back down. And if that weren’t enough, most would agree that the outcome of the Civil War settled the matter once and for all.”

  “Most did agree,” the Governor said. “At least until about twenty years ago, when the legalization of marijuana occurred in Colorado, then Washington, and then eleven other states.”

  August wrinkled his nose. “What does that vile weed have to do with anything?”

  She smiled indulgently. “Some would say much the same about what’s in your glass, August.”

  “Heathens, all.”

  She chuckled. “Maybe. But even after these laws were put into effect in the various states, marijuana remained illegal at the federal level. In fact, it has still never been formally legalized, even though marijuana is legal in fifteen states now.”

  “And it never should be.”

  The Governor let a small smile play on her lips for a moment, then continued. “Regardless, the point is that the United States government has chosen not to enforce a federal law in multiple states where state law directly contravenes that law. My legal experts are confident that this action demonstrates that nullification is more than a legal theory. It is fully in practice, and has been for well over a decade.”

  “Wait,” Miriam said. “You’re saying that our secession may be legal because of the marijuana laws?”

  “Something like that. Look, if the federal government not only fails to affirmatively enforce a law for this long, and fails to take any action whatsoever to counteract a state law that is in direct conflict with federal law, then the federal government has essentially abrogated their right to do so. They couldn’t outlaw marijuana now, even if they wanted to. The President tried, remember? What was it, 2021? Right after his first reelection?”

  Alex nodded. “Oregon took the case to the Supreme Court and won.”

  “By the narrowest of margins,” August pointed out.

  “But the point is, they won,” the Governor said. “And U.S. v. Oregon set a precedent.”

  “Are you suggesting,” Gregory asked, “that we cite US v. Oregon as grounds to ignore the immig
ration laws? To nullify them?”

  “Absolutely,” said the Governor. “We will use this ruling and the concept behind to refuse to follow unconstitutional laws, and if necessary, to secede. Legally.”

  The room fell quiet again. Even August waited a long while before finally breaking it. “You sound as if you’ve made your decision, Madame Governor. Must I remind you that we reside in a democratic state?”

  The Governor smiled sweetly, but Alex could see the slightest bit of irritation flash across her eyes. “August, I wouldn’t think of acting unilaterally. I am merely expressing my own executive intent. Of course, I want and need the support of the Senate and the Assembly.”

  “I don’t believe there is sufficient support in both houses, Madame Governor,” August said.

  “Can we at least agree that if this issue were put to a vote, it would pass in the senate?”

  “It would,” Miriam said. Both Héctor and Gregory nodded in agreement. James, characteristically, remained silent.

  “No,” August said. “You would not achieve a super majority in either house. Even if James and some of his fence sitters came down on your side, there aren’t enough votes.”

  “A referendum to the people only requires a majority vote,” said Miriam. She looked at the Governor. “We could put it to the people as an advisory vote. Not binding, not decisive. But it would give the people of California a voice. When we see the results, we can act accordingly.”

  “The people of California have already made their wishes known when they elected each of us,” August argued. “What you suggest reeks of those old variety shows where the audience texted in their vote for their favorite performer.”

  Ebby Sounder spoke up for the first time. She was the Governor’s Technology Advisor. “There have been numerous polls over the past year. All of them show strong support for resisting federal power, and most support secession, if necessary.”

  “What polls? I’ve not seen any such polls.”

  Ebby gave him a neutral look. “They haven’t been run through mainstream media.”

  “Fringe media, then? I still hear about such things, no matter how diverse the source.”

  “Some from fringe media,” Ebby said. “But many are either deep web or even dark web.”

  August leaned back in his chair, exasperated. “So we are to believe that a few radicals engaged in illegal communications represent the will of the people? Are you joking?”

  “No, sir,” Ebby said. “I don’t joke.”

  “No? Not even a little?”

  “No, sir. It is a misuse of time.”

  August stared at her closely, feigning suspicion. “Are you joking with me now?”

  “No, sir.”

  He threw up his hands. “Well, then I will return to an earlier word I used. This is preposterous.”

  “I think Miriam is right,” Alex said. “We should hear from the people directly on this. It’s too important.”

  As he looked around the room, everyone except for James and August were nodding.

  The Governor noticed, too. “I would like it if you would move forward on an advisory referendum. Let’s make it two pronged – approval to continue to resist federal power, and the question of secession. If it comes back in favor of both, this gives me considerable leverage in negotiating with the White House. The first is an affirmation of the course we’ve been on, and the second...well, ironically, the real threat of secession might actually be what precludes having to carry through with it.”

  “Yes, Madame Governor,” Miriam said. “We’ll get started in the morning.”

  “Meanwhile, it is my intent to declare California a sanctuary state for anyone affected by the latest immigration laws that the White House has forced through Congress. We will not deport anyone that hasn’t committed a violent crime, and then only to their country of origin. While our lawyers are preparing for the legal challenge on this matter, we should prepare for the political fallout.”

  “Meaning the White House and the New American Party are not going to like this,” August said.

  “Yes. But we have to follow what we know to be right, even if we perhaps differ on the smaller details.” She looked around at the group. “I will be asking all of you for courage in the days and months to come. The prospect of standing up to a tyrant is a frightening one, but if we don’t do it, no one else will. California must lead. We must lead. Much depends on our leadership.”

  She let her words sink in for a moment, then said, “I thank you all for coming. I’ll leave each to your own thoughts.”

  Chapter 11

  Most people are fortunate to live at a time and in a country where basic questions such as form of government and the roles within it are already answered. Every era, however, sees a scenario in which men and women who were born and lived in the comfort of that stability are subsequently faced with answering these kinds of questions that surround the founding of a new nation.

  In the months leading up to crisis and threat of secession with the United States, then-Governor of California Sarandon was asked how she went about selecting the correct structure of government and the roles within it long before either might be necessary. The matriarch of Californian politics famously quipped, “I picked the best people, plain and simple. And if the best wasn’t available, then I just picked whoever happened to be there. It is only government, after all.”

  — From An Unlikely Phoenix by Reed Ambrose

  AFTER EVERYONE ELSE had filed out, the Governor took Alex by the elbow. “Nightcap, Alex?”

  He felt a flash of that nervous shyness. “That would be nice.”

  She led him back into the study and poured him a glass of wine without asking his preference. When she handed it to him, she said, “This is an award-winning merlot from the Napa Valley. It was a gift from a friend who owns the vineyard.”

  Alex put the wine glass to his nose and inhaled, then nodded approvingly.

  “Wait until you taste it,” she said.

  He did, and the tastes exploded within his mouth. He soaked it in, swallowed, and opened his mouth to let in the air. “It’s delicious,” he said. Then he let out a small laugh.

  “What’s so funny?”

  “When I was young, I was more of a beer and brats kind of guy.”

  “From St. Louis, I should hope so. Along with some barbecue, right?”

  “Yeah, well, I never imagined I’d enjoy wine more than all of that.”

  “Our tastes change as we grow older,” the Governor said. She took a sip of her wine, closing her eyes and savoring it. When she opened her eyes, she asked, “Do you think Miriam will get the resolution to the floor?”

  “She will.”

  “August won’t block her? Or James?”

  “Not James. Blocking her would require taking a stand, and we both know how averse he is to that.”

  She smiled. “Hopefully, he will come around. But August?”

  “I don’t think he’ll be a problem. At least not overtly. How can any politician oppose asking the will of the people?”

  “How indeed?”

  Alex looked at her closely. “Pardon me, Madame Governor –”

  “Alex, please. Just Susan. For a few minutes, let’s just be two people talking and sharing a glass of wine.”

  “Happily.” He raised his glass to her. “To California.”

  She raised hers as well, and they drank.

  “So, now that you are calling me by my first name, I get the sense that there’s something else you want to ask me.”

  “There is.”

  “Well, then...ask away.”

  “I’ve been in a lot of meetings with you, in a lot of different settings. One of the things I’ve always noticed is that, more often than not, you spend most of your time listening. In fact, it is one of the things I’ve always admired about you. You genuinely listen to people. Really, that may be what won you the Governor’s race more than anything else.”

  “Thank you,” she
said quietly. “That’s a very nice compliment.”

  Alex took another sip of his wine, then said, “In the meeting we just had, you did more talking than I can remember. You listened, but not like you usually do. You even cut people off at times. It wasn’t typical.”

  “No, it wasn’t. But what’s your question?”

  “Why? My question is, why?”

  The Governor took another long drink of the wine, her eyes closed while she did. Then she set the glass down on the table next to her. “It’s simple, Alex. To prepare them.”

  He thought about that. “For secession? Or war?”

  “For whatever comes. No matter what it is, it will be a challenge. I need to prepare them for that.”

  “I see.”

  “I know you do, Alex. That’s why I’ve come to rely on you so much. In fact, that’s what I wanted to talk to you about.”

  “What do you mean?”

  “I mean that if we reach a point in which secession becomes a reality, I am going to need to make some changes in my cabinet.”

  “The Attorney General?”

  She waved a hand. “He’ll resign. Right after he declares secession illegal, of course. But I’ll need to make a few more changes, too. Our mission will have changed substantially, from running a state to running a new nation. So I’ll need the best people for that at my side.”

  “You don’t already?”

  “For state governance, perhaps. But not for what we’ll be facing if it comes to secession, Alex. No, I’ll need more.” She gave him an intense gaze. “I need you to be my Secretary of State.”

  Alex blinked, surprised. “Sec...wait, what?”

  “You heard me, Alex. And you know you’d be a perfect fit.”

  “I never thought of it,” he said.

  “That’s part of why I need you in that role.”

  “I...it’s a lot to take in.” He struggled to think of what to say, but the Governor rescued him.

  “Just think about it, all right? I don’t need to know tonight, after all.” She smiled, but then gave him a pointed look. “But soon, okay?”