Legal Question in Civil Litigation in California
can california become its own Sovereign State, by Law.
2 Answers from Attorneys
No. The Constitution describes how states can be added but says nothing about states leaving the union. That means there is currently no way for a state to leave. If California's government and/or voters tried to do this unilaterally, the federal government would not recognize or accept their actions.
The Constitution could be amended to add a method for states to secede. It is hard to imagine such an amendment getting more than token support, much less actually passing. Remember that passage would require two-thirds support in both the House and the Senate, plus ratification by the legislatures of three-quarters of the states. That isn't going to happen anytime soon.
Another way to amend the Constitution is via a constitutional convention. Such a convention can only be held when two-thirds of the states demand it. It is unlikely that a convention would approve an amendment allowing states to secede. But even if it did, the proposed changes would have to be approved by the legislatures of three-quarters of the states.
I thought that issue was resolved by the Civil War. Do you have some more specific legal question, such as whether a state law is preempted by federal law?