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Cexit: Constitutional Exit from Abortion

Separating from evil almost certainly will require seceding away from urban cores or building at least one good major party.

James Anthony
August 26, 2022

On Dobbs, a 6-3 majority of justices opined that it’s up to legislatures to protect life from abortion.

Constitutionally, state governments have power over almost-all criminal justice [1]. Normally, the state governments use this power in ways that support the Constitution. For example, all state governments criminalize homicide. In doing so, all state governments support the Constitution in preventing persons from being unduly deprived of life after birth.


But up to and including in Dobbs, no government people have adequately addressed that a new life, with new DNA, is formed at fertilization [2]. Or that the Fifth Amendment requires that no person shall be deprived of life without due constitutional military or criminal process (that is, in a constitutional war or through a constitutionally-judged death penalty) [3].

The Dobbs majority hung by threads. Kavanaugh, the swing vote, opined, “In my judgment, on the issue of abortion, the Constitution is neither pro-life nor pro-choice. The Constitution is neutral, and this Court likewise must be scrupulously neutral [4].” Roberts, the surplus vote, opined, “The Court in Roe … first recognized a right to ‘choose to terminate [a] pregnancy’ under the Constitution … and then, having done so, explained that a line should be drawn at viability. … I would excise that additional rule—and only that rule—from our jurisprudence [5].”

Not one legislator, executive, or judge supported the Constitution by independently interpreting that abortion unduly deprives persons of life and by using his constitutional powers accordingly [6], as required to uphold their oaths [7].


Abortion is recent medical technology that created a new, streamlined option. Now, people murder children before birth by the tens of millions [8]. But what matters in the end is that this a life, as did a longstanding past practice. Long ago, people systematically murdered children after birth.

This egregiously violated God’s law. God’s commandments require specific thoughts and actions towards God, towards fathers and mothers, and towards all people. Of the latter commandments, the first two are to not murder and to not commit adultery.

All too often, one sin leads to another, and that sin leads to yet another. In ancient times, sins towards God led to sexual sins, and sexual sins led to child murder. This happened in Canaan, Phoenicia, Ammon, and Carthage. After this started outside Israel, this increasingly spread inside Israel (see Leviticus 18, 2 Kings 16:3, 2 Kings 21:6, 2 Kings 23:10, Isaiah 57:5, Jeremiah 7:31, Jeremiah 19:5, Ezekiel 16:20-21, and Ezekiel 23:37) [8].

In those times, Israel went from being a libertarian nation under God’s law and judges [9], to being a bigger-government united kingdom under God’s law and prophets and kings, to being a separate northern kingdom called Israel and southern kingdom called Judah, to being a subsumed northern kingdom and a subjugated southern kingdom.

The northern kingdom seceded supposedly to provide smaller government. In practice what made the northern kingdom separate and kept it separate was that its kings and most of its people defied God’s law unrelentingly. In the southern kingdom, most kings and most of their people also defied God’s law, just not all the kings all the time.

Eventually all these peoples and nations practicing child murder got subsumed. This has lessons for the USA now.


In the USA’s states that are controlled by Progressive urban areas [10], these states’ governments are particularly murderous. These governments’ laws situate these governments in the very-small worst cohort of governments [11], a cohort that in general ranges from comparatively free to brutally tyrannical (encompassing Canada, Netherlands, Singapore, Vietnam, China, and North Korea) [12].

In the USA, people in rural counties and suburban counties support the Constitution, including supporting that no person shall be deprived of life by abortion. In 2021 I proposed in detail that all rural and suburban county governments secede from their legacy state governments to form new county-region governments [13].

Before there was liberty from slavery, first activists in states that protected liberty suggested their own state governments should secede. Instead, activists in states that didn’t protect liberty got their state governments to secede.

Lately it looks as if activists might get the urban county governments, which don’t protect life, to secede. They could secede from the state governments, blackly mirroring my proposal. They could secede from the national government to form independent cities—say, a federation of city-states. But most likely they would try their best to drag their states’ rural and suburban counties off with them.

Then as now, all residents, including those in rural counties and in suburban counties, are on paper guaranteed by the national government a republican form of government like the national government under the Constitution [13]. Such a government would make life, liberty, and property secure for all residents. But this guarantee wasn’t delivered on back when people were being deprived of liberty. And this guarantee isn’t being delivered on now when people are being deprived of life.

Separation from evil is needed now, like it has often been needed in the past. The key question is whether good will separate from evil, or instead good will be corrupted by evil. Union with evil is evil, leaving good people no relief. Good people need a good option.

Multiple paths to freedom are possible. Constitutionalist counties can secede from state governments to form constitutionalist county regions [13]. Independent constitutionalists can be elected for president [14] and for other offices [15]. But paths like these almost certainly will need to be followed for good people to have a good option.

For rural and suburban USA, the time is now to separate from evil by making a constitutional exit: Cexit.


  1. Natelson, Robert. “The Enumerated Powers of States.” Nevada Law Journal, vol. 3, no. 3, Spring 2003, pp. 469-94.
  2. Condic, Maureen L. “Preimplantation Stages of Human Development: The Biological and Moral Status of Early Embryos.” Is this Cell a Human Being?, edited by Antoine Suarez and Joachim Huarte, Springer, 2011, pp. 25-43.
  3. USA Constitution. Amend. V.
  4. Kavanaugh, Brett. Concurring. Dobbs v. Jackson, 59 U.S. 19-1392, 24 June 2022.
  5. Roberts, John. Concurring in judgment. Dobbs v. Jackson, 59 U.S. 19-1392, 24 June 2022.
  6. Anthony, James. “What the Lubbock Sanctuary for the Unborn Shows Us.” American Greatness, 11 May 2021, amgreatness.com/2021/05/11/what-the-lubbock-sanctuary-for-the-unborn-shows-us/. Accessed 26 Aug. 2022.
  7. Anthony, James. “Justice Delayed and Denied.” rConstitution.us, 27 Aug. 2021, rconstitution.us/justice-delayed-and-denied/. Accessed 26 Aug. 2022.
  8. White, Andrew. “Abortion and the Ancient Practice of Child Sacrifice.” Journal of Biblical Ethics in Medicine, vol. 1, no. 2, Apr. 1987, pp. 27-42.
  9. Anthony, James. “Economic Growth Is a Natural Effect of Christianity.” rConstitution.us, 3 Dec. 2021, rconstitution.us/economic-growth-is-a-natural-effect-of-christianity/. Accessed 26 Aug. 2022.
  10. Anthony, James. “Resettling for Freedom Will Work Best in Jackson, Mississippi and Birmingham, Alabama.” rConstitution.us, 12 July 2021, rconstitution.us/resettling-for-freedom-will-work-best-in-jackson-mississippi-and-birmingham-alabama/. Accessed 26 Aug. 2022.
  11. “The World’s Abortion Laws.” Center for Reproductive Rights, 23 Feb. 2021, reproductiverights.org/sites/default/files/WALM_2021update_V1.pdf. Accessed 26 Aug. 2022.
  12. Vasquez, Ian, et al. The Human Freedom Index 2021: A Global Measurement of Personal, Civil, and Economic Freedom. Cato Institute and Fraser Institute, 2021, pp. 5-8.
  13. Anthony, James. “rSecession: County-Region Secessions to Form Small-r republican State Governments.” rConstitution.us, 9 Jul. 2021, rconstitution.us/rsecession-county-region-secessions-to-form-small-r-republican-state-governments/. Accessed 26 Aug. 2022.
  14. Anthony, James. “Starting a Party by Running as a Republican for Congress, Then as an Independent for President.” rConstitution.us, 25 Mar. 2022, rconstitution.us/starting-a-party-by-running-as-a-republican-for-congress-then-as-an-independent-for-president/. Accessed 26 Aug. 2022.
  15. Horowitz, Daniel. “Breaking the Uniparty: It’s Time to Run Fresh Independent Candidates in General Elections.” Blaze Media, 24 June 2022, www.theblaze.com/op-ed/horowitz-break-the-uniparty-independent. Accessed 26 Aug. 2022.

James Anthony is the author of The Constitution Needs a Good Party and rConstitution Papers, publishes rConstitution.us, and has written in The Federalist, American Thinker, Foundation for Economic Education, American Greatness, and Mises Institute. Mr. Anthony is an experienced chemical engineer with a master’s in mechanical engineering.


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