SECESSION: Both a RIGHT and a REMEDY

SECESSION - constitution ripped in half

by Diane Rufino, September 23, 2018

Gene Kizer Jr. is a brilliant historian. He has written an excellent account of the causes of the War of Northern Aggression (aka, the War to Prevent Southern Independence; aka, the War Between the States; aka, the Civil War), in his book, Slavery Was Not the Cause of the War Between the States, and he has written some excellent articles as well, including on the right of secession. In his book and in his articles, he makes the case (most effectively) that secession was a reserved right of the states and that it was, in fact, exercised legitimately.

At the heart of the “Civil War” (which is, by the way, a most incorrect term for the conflict) was the right of the southern states to secede from the Union. That is, the lens through which we should look at, and assess, the war is whether Abraham Lincoln and his administration pursued a legal war by asserting that the eleven southern states that seceded from the Union had no constitutional right to do so.

The answer is that the southern states absolutely had the right to dissolve their union with the northern and more western states and their political bond to the federal government. Every state had and continues to have that fundamental right. Acknowledging this and therefore acknowledging that Lincoln incorrectly assessed the situation, he unconstitutionally assumed powers that were not granted to him, nor to the federal government in general.

Secession is a viable option to each state under three essential theories, and perhaps even others:

(1)  Each state has an essential right to determine its own form of government, under the natural right of self-determination. This natural right is articulated clearly in the second paragraph of the Declaration of Independence (“whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness…”), and in fact, forms the basis for the decision of the thirteen American states to secede from Great Britain. The first paragraph of the Declaration makes this point quite clear:

       When in the Course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature’s God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.

The Constitution does not prohibit nor limit the natural right of secession, even in Article I, Section 9 which is the provision that puts limits on the sovereign power of the states, but rather includes the very powerful and declaratory Tenth Amendment which states “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” In other words, because the Constitution did not expressly prohibit the right of secession, that right is reserved (continues to be reserved) to the states. And to make it absolutely clear that the right of secession is a state right, the states demanded that the Tenth Amendment be added to the Constitution as a restatement of that fact.

So, the states have the RIGHT to secede.

(2)  Secession is also a REMEDY, reserved to the states by the very nature of the Constitution. The Constitution is a social compact, which essentially is a contract, or an agreement, among the members of a society to cooperate for social benefits, such as mutual protection and to regulate relations among members. For example, a typical social compact calls for the sacrificing of some individual freedom for state protection and other public services. Social Compact was a theory articulated in the 16th, 17th, and 18th centuries by philosophers such as John Locke, Thomas Hobbes, and Jean-Jacques Rousseau, as a means of explaining the origin of government and how an organized society is thus brought into being.

As we all know, every contract and every agreement can be broken. There may be consequences, usually monetary, but no contract is absolutely unbreakable. A contract or agreement can be broken by a breach of obligations (for example, a person doesn’t make his obligatory mortgage payments; the lending bank can then foreclose under a breach of contract) which is an affirmative breach, it can be broken because the purpose for the contract has been eliminated (for example, an entertainer is contracted to perform once monthly at a Las Vegas casino but the casino is destroyed in a fire), or it can be broken simply because a party wants out. Contract remedies are essentially designed to put the non-breaching party in a position had the breach not occurred  (for example, a contractor quits a job in the middle of building an extension on a house; the contractor must pay to have the job finished, by another contractor) and they usually involve monetary damages. Sometimes, however, money cannot make the non-breaching party “whole” (put them back into a position had the breach not occurred) and a court will order “specific performance,” which means that the breaching party will be compelled to perform some service by the court.

When the states were debating the Constitution in their Ratifying Conventions, three states (Virginia, New York, and Rhode Island) included “Resumption Clauses” as specific conditions upon their ratification – clauses asserting the right to secede from the Union at a future time.

Virginia’s Ratification document (June 26, 1788) included this Resumption Clause: “The People of Virginia declare and make known that the powers granted under the Constitution being derived from the People of the United States may be resumed by them whensoever the same shall be perverted to their injury or oppression and that every power not granted thereby remains with them and at their will.”

New York’s Ratification document (July 26, 1788) included this Resumption Clause: “That the Powers of Government may be resumed by the People, whensoever it shall become necessary to their Happiness; that every Power, Jurisdiction and right which is not by the said Constitution clearly delegated to the Congress of the United States, or the departments of the government thereof, remains to the People of the several States, or to their respective State Governments to whom they may have granted the same.”

Rhode Island’s Ratification document (May 29, 1790) included this Resumption Clause: “That the powers of government may be resumed by the people, whensoever it shall become necessary to their happiness: That the rights of the States respectively to nominate and appoint all State Officers, and every other power, jurisdiction and right, which is not by the said constitution clearly delegated to the Congress of the United States or to the departments of government thereof, remain to the people of the several states, or their respective State Governments to whom they may have granted the same.”

Essentially, these clauses reserved the right of the state to leave the Union and resume all their sovereign powers and rights. With these clauses, the states simply put into writing a right they thought naturally belonged to their respective states. In fact, the right of secession was understood and agreed to by the other states, including George Washington who presided over the Constitutional Convention and served as a delegate from Virginia.

These clauses, because they were included in the ratification, and because they were accepted when the states formed into the Union, became applicable to every state that joined the Union. The fact that the states expressly reserved the right to secede (for no specific reason other than it may be “necessary to their happiness…”) shatters the notion and the argument by Abraham Lincoln in 1860 that the Union was intended to be perpetual and no state could secede.

Reserving the right to secede is an express reservation of the part of each state to un-make its agreement to join the Union. It is an express right to terminate its association with the compact (the Constitution), and thereby no longer be a party to the Union. Put simply, it is an express right of termination.

In contract law, the express right of termination is referred to as a Right of Rescission. Since it is a right to un-do the contract (to get out of the contract), it is a contract remedy.

Thus, the states have reserved secession as a REMEDY. (As a remedy to leave the Union, or secede from the Union) at some point when they deem it necessary for their happiness.

Rescission is defined as the unmaking of a contract between parties or the unwinding of a transaction. As mentioned above, it applies where a party to a contract exercises a Right of Termination that he or she had expressly included, or reserved, in that contract. In contract law, it is sometimes said that the party has included (or exercised) a right to rescind the contract. It is exercised in order to bring the party, as far as possible, back to the position in which it was before entering into the particular contract (the status quo ante). If the contract is between two parties, then both parties go back to the position they enjoyed before entering into the contract. If the contract – or compact – is between many parties, then technically only the party exercising the right of rescission is relieved from the compact; the others are free to retain the force of contract/compact.

If there is any doubt as to the intent of Virginia, for example, to take its Resumption Clause seriously, look at the language it used in its Ordinance of Secession, which it adopted in Convention on April 17, 1861 to secede from the Union:

AN ORDINANCE to Repeal the ratification of the Constitution of the United States of America, by the State of Virginia, and to resume all the rights and powers granted under said Constitution:

The people of Virginia, in their ratification of the Constitution of the United States of America, adopted by them in Convention, on the 25th day of June, in the year of our Lord one thousand seven hundred and eight-eight, having declared that the powers granted them under the said Constitution were derived from the people of the United States, and might be resumed whensoever the same should be perverted to their injury and oppression, and the Federal Government having perverted said powers, not only to the injury of the people of Virginia, but to the oppression of the Southern slaveholding States.

Now, therefore, we, the people of Virginia, do declare and ordain that the Ordinance adopted by the people of this State in Convention, on the twenty-fifth day of June, in the year of our Lord one thousand seven hundred and seventy-eight, whereby the Constitution of the United States of America was ratified, and all acts of the General Assembly of this State, ratifying or adopting amendments to said Constitution, are hereby repealed and abrogated; that the union between the State of Virginia and the other States under the Constitution aforesaid, is hereby dissolved, and that the State of Virginia is in the full possession and exercise of all the rights of sovereignty which belong to a free and independent State. And they do further declare that the said Constitution of the United State of America is no longer binding on any of the citizens of this State.

This Ordinance shall take effect and be an act of this day when ratified by a majority of the votes of the people of this State, cast at a poll to be taken thereon on the fourth Thursday in May next, in pursuance of a schedule hereafter to be enacted.

Done in Convention, in the city of Richmond, on the seventeenth day of April, in the year of our Lord one thousand eight hundred and sixty-one, and in the eighty-fifth year of the Commonwealth of Virginia

(3)  Secession, or the termination of the agreement to remain in the Union, is a viable contract/compact remedy under breach theory.  When one signing member to the agreement violates or breaches its obligations, then the other signing member (or any of a number of other signing members) are relieved of their obligations under the agreement. In other words, the breach by one party, especially if material in nature (that is, if it is enough to fundamentally alter the relationship of the states in relation to one another or to affect the ability of the federal/common government to serve all states in a fair, equal, and impartial manner) is enough to invalidate the entire agreement altogether, thus allowing the other party, or other parties, to walk away and also allowing remaining members to continue to enforce the agreement if they so desire.

In the case of the Southern states, they seceded over several material breaches of the compact – several violations by the Northern states of their obligations under the Constitution:

(a)  They believed the Protective Tariff was an unfair and confiscatory tax on the South, almost completely discriminatory in nature and punitive as well. It was no secret that the North had a great disdain for the South and its values and its “simple” agricultural lifestyle (and even its use of slavery). According to the Southern states (John C. Calhoun of South Carolina articulated it probably better than most), the federal government was a common government that was created and intended to serve each state equally. The North knew full well that the protective tariffs (1828 and 1832) were born almost exclusively and to their detriment, by the southern states. But the Northern states, and particularly northern businesses, benefitted far too greatly from the confiscation of those tariff revenues (more than half of the revenue was funneled almost directly from the South to the North) to ever consider giving them up. In 1860, Abraham Lincoln ran on a platform of increasing and the protective tariff to its highest level ever. That platform issue, together with his promise to prohibit the spread of slavery into new territories and future states, were enough for all of the Southern states to refuse to even put his name on the ballot.  In fact, the Morrill Tariff was passed by the US Congress and signed into law by President James Buchanan in 1861, just two days before he left office and Lincoln was inaugurated. Lincoln kept his promise to enforce that tariff.

If the federal government was not serving the states equally, and if it had merely become a vehicle hijacked by one region of the country to serve its own interests (at the great expense of the other region), then the states of the North had breached their obligations and the very purpose of establishing the Union had become frustrated. The South believed the tariff issue constituted a material breach and thus gave them ample reason (under the Declaration of Independence – “whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness…”) to leave the Union.

(b)  Lincoln’s inauguration as a purely sectarian president was of great concern to the South. His interests and agenda were solely to further those of the North.  His promise to prohibit the spread of slavery to any new territory and any new state was a violation of the US Constitution.  Article IV guarantees every new state to the Union the right to be admitted on the same footing as every other state. Slavery, unfortunately, was protected under the Constitution, and therefore, every new state added to the Union would be subject to its same terms and conditions. The Southern states believed that Lincoln’s government was acting in abuse of the Constitution and because the North supported his agenda, those states, again, breached the terms of the compact and thus gave the states of the South reason to dissolve their bonds with the Union.

(c)  The Northern states routinely refused to enforce the Fugitive Slave Laws, which were laws enacted pursuant to the Fugitive Slave Clause of the US Constitution (Article IV, Section 2, clause 3). To the South, the Fugitive Slave Clause was a valued provision in the Constitution.  The laws were widely ignored or frustrated (were “nullified”) by states, localities, and even by individuals (such as those who organized into mobs in order to free runaway slaves from local prisons).  The states of the South took notice and in fact, in some of the ordinances of secession, they cited the refusal of the North to comply with the Fugitive Slave Laws, as well as its support of violence to stir slaves to revolt (such as the John Brown massacre; Brown was vaulted to martyr status by Northern members of Congress).

The Fugitive Slave Clause of the US Constitution (aka, the Slave Clause or the Fugitives From Labor Clause) required that a “person held to service or labour” (usually a slave, apprentice, or indentured servant) who flees to another state to be returned to the owner in the state from which that person escaped. The provision was rendered moot with the Thirteenth Amendment, which abolished slavery. The exact text of the Fugitive Slave Clause read: “No person held to service or labour in one state, under the laws thereof, escaping into another, shall, in consequence of any law or regulation therein, be discharged from such service or labour, but shall be delivered up on claim of the party to whom such service or labour may be due.”  The North refused to help enforce the Fugitive Slave Laws, claiming that it has no obligation as a state, to do so. The Laws were federal laws and if the federal government intended for them to be enforced, it was going to have to do so itself – with its own agents, its own courts, and its own prisons. The states and localities refused to assist – they would not use their officers, their prisons, any state personnel, or even any state court to uphold the laws and return runaway slaves back to their owners.

The states of the South believed the states of the North had a compact (constitutional) obligation to honor its provisions, including those it didn’t approve of.  Because the North refused to enforce the Fugitive Slave Laws and frustrated the Fugitive Slave Clause of Article IV, which was included for the benefit of the South, the Southern states concluded that the Northern states committed a material breach of the terms of the compact and hence, they were justified in leaving the Union.

One should read Gene Kizer Jr’s article “The Right of Secession” (link provided below). It provides an excellent overview of the legality of secession, in particular, as a right endowed and reserved to each state. Then one should read his most excellent book, Slavery Was Not the Cause of the War Between the States.

 

References:

Stephen C. Neff, “Secession and Breach of Compact: The Law of Nature Meets the United States Constitution,” Akron Law Review: Vol. 45: Issue 2, Article 4 (June 2015).  Referenced at:  https://ideaexchange.uakron.edu/cgi/viewcontent.cgi?referer=https://www.google.com/&httpsredir=1&article=1067&context=akronlawreview

Virginia’s Ordinance of Virginia (April 17, 1861) – http://www.nellaware.com/blog/virginia-ordinance-of-secession.html\

Gene Kizer Jr, “The Right of Secession,” Bonnie Blue Publishing.  Referenced at:  http://www.bonniebluepublishing.com/The%20Right%20of%20Secession-FULL%20PAGE%20FORMAT-USE.htm

Gene Kizer Jr., Slavery Was Not the Cause of the War Between the States;  Charleston Athenaeum Press (November 1, 2014).

Gene Kizer Jr., “Barbarians At the Gate,” Abbeville Institute, March 8, 2018.  Referenced at:  https://www.abbevilleinstitute.org/blog/the-barbarians-at-the-gates/

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Thomas Jefferson Articulates the Remedy of NULLIFICATION in an Opinion Written to George Washington in 1791

THOMAS JEFFERSON - wire glasses

by Diane Rufino, September 16, 2018

In 1791, Thomas Jefferson wrote an opinion on the constitutionality of a National Bank. It is an important commentary on the meaning and intent of the US Constitution, in particular the two general clauses – the General Welfare Clause and the Necessary and Proper Clause.

President George Washington’s Secretary of the Treasury, Alexander Hamilton proposed the creation of a national bank. He advised that a national bank would “give great facility or convenience in the collection of taxes” and would facilitate the government’s assumption of the states’ Revolutionary War debts, thus serving the taxing power of the federal government. Not sure if such a bank was a constitutional exercise of government legislative power, Washington asked Hamilton and Jefferson, his Secretary of State, to articulate their positions.

And so, on Feb. 15, 1791, Jefferson submitted an opinion to Washington against the creation of a National Bank, explaining that it was not authorized by any specific delegation of power nor was it contemplated by any of the general clauses. In specific, he articulated that the “Necessary & Proper” Clause meant that Congress could take action only when it was necessary (and proper) to bring into effect any of the specifically enumerated powers; that is, without those means without which the grant of power would be meaningless. The clause did not mean Congress could pursue action that was merely convenient or helpful.”  Jefferson said that all the functions of which Hamilton was concerned – the collection of taxes, the paying of war debt, etc – could all be carried into execution without a bank. Therefore, as a constitutional matter, he concluded that a bank was not necessary, and consequently not authorized by the “Necessary & Proper” phrase.

Hamilton’s opinion was different. He argued that the Constitution, in Article I, Section 8, created a legislature not only of specific powers but of implied powers as well.

In the end, the House and then the Senate approved a bill establishing a charter for the first National Bank, and President Washington, siding with Hamilton, signed it. The first Bank of the United States was built in Philadelphia.

Chef Justice John Marshall, the man credited with transforming the role of the Supreme Court, later chose to ignore Jefferson’s opinion and commentary when the constitutionality of the national bank came before the Court in 1819 – in McCulloch v. Maryland.  His opinion in that case echoed Hamilton’s view that the federal government is indeed one of express AND implied powers, an issue that was DIRECTLY addressed and dismissed at the Constitutional Convention in 1787 and again when states expressed concern in their ratifying conventions.

While this Opinion by Thomas Jefferson shows us how our federal judiciary willingly chooses to ignore four country’s most important and most credible authority on the meaning and intent of the Constitution when it is faced with the chance to assign greater power to the federal government, there is another reason why this opinion is important: It explains the intended checks and balances on the federal legislature, both horizontal and vertical. The Supreme Court would later find the most important check to be unconstitutional. Imagine that.

At the end of his Opinion, Jefferson writes:

“The negative of the President is the shield provided by the Constitution to protect against the invasions of the legislature: 1. The right of the Executive. 2. Of the Judiciary. 3. Of the States and State legislatures. The present is the case of a right remaining exclusively with the States, and consequently one of those intended by the Constitution to be placed under its protection.”

In other words, the rightful checks on the lawmaking power of the US Congress include:

(1)  The President (he can veto or refuse to sign the bill into law; or he can, by Executive Order, explain that certain provisions are unenforceable because they exceed authority)

(2)  The courts  (the federal courts can strike down a law as “unconstitutional”)

(3)  The States and State legislatures (The States can separately find a federal law to be unconstitutional, per their understanding of the Constitution and per their reserved powers under the Tenth Amendment)

Number (3) above is NULLIFICATION and includes INTERPOSITION. These are the rightful remedies reserved to each State, according to Jefferson when the federal government exceeds its delegated authority under the Constitution and specifically, when it attempts to legislate in areas reserved to the States under the Tenth Amendment. A law passed without constitutional authority is a law is a nullity; it is unenforceable.  And it SHOULD be.  It is up to the States, as the most important of the Checks and Balances (a vertical check) to make sure that the people, protected by the Constitution as to the lawful bounds of government, are not subject to unconstitutional laws.

Here you have it, from the earliest days of our republic, the clear and simple articulation of the right of Nullification.

Jefferson, of course, would go on to articulate it much more clearly and forcibly, in the Kentucky Resolves of 1799 (a series of resolutions he wrote secretly for the Kentucky state legislature to oppose the highly unconstitutional Alien & Sedition Acts, enacted by the administration of John Adams. In the Kentucky Resolves of 1799, Jefferson wrote:

“If those who administer the general government be permitted to transgress the limits fixed by that compact, by a total disregard to the special delegations of power therein contained, annihilation of the state governments, and the erection upon their ruins, of a general consolidated government, will be the inevitable consequence: That the principle and construction contended for by sundry of the state legislatures, that the general government is the exclusive judge of the extent of the powers delegated to it, stop nothing short of despotism; since the discretion of those who administer the government, and not the constitution, would be the measure of their powers: That the several states who formed that instrument, being sovereign and independent, have the unquestionable right to judge of its infraction; and that a NULLIFICATION, by those sovereignties, of all unauthorized acts done under colour of that instrument, is the rightful remedy: That this commonwealth does upon the most deliberate reconsideration declare, that the said alien and sedition laws, are in their opinion, palpable violations of the said constitution; and however cheerfully it may be disposed to surrender its opinion to a majority of its sister states in matters of ordinary or doubtful policy; yet, in momentous regulations like the present, which so vitally wound the best rights of the citizen, it would consider a silent acquiescence as highly criminal: That although this commonwealth as a party to the federal compact; will bow to the laws of the Union, yet it does at the same time declare, that it will not now, nor ever hereafter, cease to oppose in a constitutional manner, every attempt from what quarter soever offered, to violate that compact.”

Nullification is, and has always been, a rightful remedy by which each State can review the constitutionality of government acts and policy (and even federal court opinions) and if an abuse is found, to protect the citizens in their States from the tyranny that would result from their enforcement.

 

References:

Thomas Jefferson, Opinion on the Constitutionality of a National Bank, Avalon Project (Yale Law School).  Referenced at:  http://avalon.law.yale.edu/18th_century/bank-tj.asp

Thomas Jefferson to George Washington, February 15, 1791, Opinion on Bill for Establishing a National Bank, from the Works of Thomas Jefferson in Twelve Volumes, from the Library of Congress.  Referenced at:  https://memory.loc.gov/service/mss/mtj/mtj1/013/013_0984_0990.pdf    [NOTE:  The Library of Congress was formed when Thomas Jefferson donated the contents of his personal library]

The Kentucky Resolves of 1799 (The Constitution Society).  Referenced at:  http://www.constitution.org/cons/kent1799.htm

The Right of Secession, as Reserved by the States in Their Ratification of the US Constitution

SECESSION - We Did it Once Let's Do it Twice

by Diane Rufino, June 1, 2018

Louisiana voted to secede from the Union on January 26, 1861. Shortly thereafter, her senators, Judah P. Benjamin and John Slidell, resigned their positions in the US Senate. In his FAREWELL ADDRESS to the Senate, on February 5, 1861, Senator Benjamin expressed perhaps the strongest argument for the Right of Secession. He said:

“The rights of Louisiana as a sovereign state are those of Virginia – no more, no less. Let those who deny her [Louisiana’s] right to resume delegated powers try to successfully refuse the claim of Virginia to the same right, in spite of her [Virginia’s] expressed reservation made and notified to her sister states when she consented to enter the Union. And sir, permit me to say that, of all the causes which justify the action of the Southern States, I know none of greater gravity and more alarming magnitude than that now developed of the denial of the right of secession. A pretension so monstrous as that which perverts a restricted agency [federal government], constituted by sovereign states for common purposes, into the unlimited despotism of the majority, and denies all legitimate escape from such despotism, when powers not delegated are usurped, converts the whole constitutional fabric into the secure abode of lawless tyranny, and degrades sovereign states into provincial dependencies.”

To deny the Right of Secession, as President Abraham Lincoln did (although only AFTER he became president), as powerful orator Senator Daniel Webster did (although only AFTER he realized the financial ruin that secession would reap on northern states), and as too many liberal elites and too many Americans (because of indoctrination in our public school system and at our liberal universities) believe today is to condemn Americans ultimately to tyranny, to subjugation, to an existence far different from the one that the Declaration of Independence and the Bill of Rights had once promised, to the loss of liberty, to the control by political parties (not political movements, which are good and are true expressions of democracy), and to the rule by political elites. In other words, we would have to acknowledge that we are not a free nation anymore, that we are not a free people. We as a country and as a people wear the veneer of freedom and liberty.  The experiment started by those far wiser than any alive today, which established for us in America, and indeed for the rest of the world, the right of self-determination and the right of self-government, and which was predicated on the grand notion – the very revolutionary notion – that those rights were far more important than the right of any government to seek to cement its existence, would be dead. If we give up on our right to secede, then we have lost that precious system and that noble ideal. That noble ideal is what guarantees our freedom and our liberty. If we abandon that right to secede, we are no different from the system we initially separated from, Great Britain, where government was – and still is – superior to the people.

To be clear, the fundamental principle guiding our independence was the right of a people to secede from a political body, exercising the right of self-determination and the right of a people to establish their own government – one that serves their interests and concerns best. We cannot allow the proclamations of one leader, Abraham Lincoln, who did so for purely political purposes (explained historically, accurately, and in great detail in Gene Kizer Jr’s book, SLAVERY WAS NOT THE CAUSE OF THE WAR BETWEEN THE STATES, as well as in Albert Taylor Bledsoe’s book, IS JEFFERSON DAVIS A TRAITOR?; references to both provided below) to destroy this great principle of independence and freedom.

It is important to understand that secession was a right implicit with every sovereign body politic and a right expressly and explicitly reserved to the States under the terms of the ratification of the Constitution:

First of all, let’s look at these two very powerful arguments:  [Taken from Mr. Kizer’s article “The Right of Secession,” Referenced at:  http://www.bonniebluepublishing.com/The%20Right%20of%20Secession.htm ]

(1).  There had to be a specific constitutional prohibition on secession for it to be illegal. Conversely, there did not have to be a specific constitutional affirmation of the right of secession for it to be legal. Why? Because of the 10th Amendment to the United States Constitution, which states: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”  This amendment states nothing new, but is merely a restatement, as the Preamble to the Bill of Rights explains. It is a restatement of the fact that the federal government can govern ONLY as to the express (and that is made clear also in the Preamble) powers granted/delegated to it by the Constitution, Articles I-III, and States are prohibited from doing certain things ONLY if it states so expressly therein. The power to prevent secession is NOT granted to the federal government and the right to secede is NOT prohibited to the States under our Constitution.

Aside from the fact that there was (and is) no constitution prohibition on secession, there was (and is) also NO constitutional sanctioning of any kind of federal coercion to force a State to obey a federal law when to do so would act to perpetrate an act of war on the offending state by the other states. After all, the federal government was established as a common agent for all States, tasked with serving the interests of each equally.

While we are talking out what the federal government can and cannot do, there is also NO constitutional provision, nor any moral foundation, for the federal government to coerce one or more States to invade or otherwise inflict armed conflict against any other State or States. Again, each State is an equal beneficiary of the agency provided by the federal government.

(2).  The arguments for the right of secession are indeed unequivocal. There is the constitutional right based on the Compact Theory, and the revolutionary right based on the idea that a free people have the right to change their government anytime they see fit. Compact Theory is based on Natural Law – that people, in deciding to live together in communities, decide for themselves the form of government to establish laws for their mutual safety, security, and peace. They decide for themselves the government that will best establish laws for their ordered existence. Compacts are the vehicle by which the people form that government and delegate powers to it. It is a form of Contract. The Compact Theory views the Constitution as a legal agreement between the states – a compact – and if any one state violates the compact, then the entire agreement becomes null and void. Northern states unquestionably violated the Constitution on a number of grounds including unconstitutional Personal Liberty Laws on their books, as well as by deliberately harboring fugitives from justice by protecting the sons of John Brown who were wanted by Virginia for murder at Harpers Ferry. Northern states also made a mockery of the Constitution’s Preamble, which states clearly that the Constitution was established to “insure domestic Tranquility” and “promote the general Welfare.” Certain prominent Northern leaders with the acquiescence of states like Massachusetts were utterly at war with the South and doing everything they could to destroy the domestic tranquility of Southern states by encouraging slaves to murder white people, poison wells, destroy property and commit other acts of rapine. John Brown himself had been encouraged and financed in the North.

The revolutionary right of secession is based on the Declaration of Independence and the philosophy of Thomas Jefferson and John Locke, “that whenever any form of government becomes destructive of the ends for which it was established, it is the right of the people to alter or abolish it, and to institute new government, ….. ”

These words come directly from the Declaration of Independence. This passage was also used, verbatim, in South Carolina’s Declaration of the Immediate Causes Which Induce and Justify the Secession of South Carolina from the Federal Union. A similar sentiment was expressed by Abraham Lincoln in 1847 on the floor of the United States House of Representatives:

“Any people, anywhere, being inclined and having the power, have the right to rise up and shake off the existing government, and form a new one that suits them better. This is a most valuable, a most sacred right, a right which we hope and believe is to liberate the world.”

And now let’s look at the strongest piece of evidence, of which Senator Judah P. Benjamin referenced in his farewell speech above (“Virginia’s express reservation”):

Three of the original thirteen states were particularly skeptical of the government that the newly-drafted Constitution created and so they ratified it only conditionally. These three states were Virginia and New York, the great powerhouses of the New World, and Rhode Island (tiny, but very liberty-minded). In their ratification documents, adopted at their Ratification Conventions, they specifically and carefully reserved the right of secession. These are referred to as the “Resumption Clauses” or “Resumptive Clauses,” and they are exceedingly important to understand this topic. I attached Virginia’s ratification document at the end of this article. You will see that Virginia conditioned her ratification on several things, including the Right to Secede and on the addition of a Bill of Rights (for which she made a number of suggestions).

Since the other states, which had unconditionally ratified the Constitution, consented to Virginia’s conditional ratification, they “ostensibly assented to the principle that Virginia permissibly retained the right to secede.”  This is an essential element of contract law, of which compact theory follows. All negotiations, all conditions, all limitations, all reservations, etc become part of the compact agreement which affects all parties, as long as those negotiations, conditions, limitations, reservations, etc are not rejected by any of the other signing parties. With the additional acceptance of New York’s and Rhode Island’s conditions (their Resumption Clauses; their right to secede), the existing states of the Union clearly, albeit tacitly, accepted the doctrine of secession. Again, this is a matter of contract law, the most firmly-entrenched area of law. Furthermore, according to the Constitution, all States that joined the Union after the first thirteen also had the right of secession since new states entered on an equal footing with the exact same rights as the existing states.

Virginia was the first state to state explicitly that she would only ratify the Constitution as long as she reserved the right to leave the Union so created by it.  If Virginia didn’t ratify the Constitution, it was very likely that New York, Rhode Island, and certainly North Carolina also would not. The plan for “a more perfect Union” would be defeated. In her “Ratification of the Constitution by the State of Virginia; June 26, 1788,” the state of Virginia included this express provision:  “Do in the name and in behalf of the People of Virginia declare and make known that the powers granted under the Constitution being derived from the People of the United States may be resumed by them whensoever the same shall be perverted to their injury or oppression and that every power not granted thereby remains with them and at their will.

To reinforce how strongly Virginia valued that Clause one simply has to look at her Ordinance of Secession from the Union (April 17, 1861). She used the exact wording of her conditional ratification of the US to sever her political bonds with the federal government and to resume all her sovereign powers and rights to determine a new and more favorable government for her people.

A month later, on July 26, 1788, New York conditionally ratified the Constitution. In the ratification declaration adopted at her Convention, New York wrote:

“That the Powers of Government may be reassumed by the People, whensoever it shall become necessary to their Happiness; that every Power, Jurisdiction and right, which is not by the said Constitution clearly delegated to the Congress of the United States, or the departments of the Government thereof, remains to the People of the several States, or to their respective State Governments to whom they may have granted the same; And that those Clauses in the said Constitution, which declare, that Congress shall not have or exercise certain Powers, do not imply that Congress is entitled to any Powers not given by the said Constitution; but such Clauses are to be construed either as exceptions to certain specified Powers, or as inserted merely for greater Caution.”

And then finally, almost two years later, on May 29, 1790, Rhode Island asserted her own conditional ratification:

“That the powers of government may be reassumed by the people, whensoever it shall become necessary to their happiness:- That the rights of the States respectively, to nominate and appoint all State Officers, and every other power, jurisdiction and right, which is not by the said constitution clearly delegated to the Congress of the United States or to the departments of government thereof, remain to the people of the several states, or their respective State Governments to whom they may have granted the same; and that those clauses in the said constitution which declare that Congress shall not have or exercise certain powers, do not imply, that Congress is entitled to any powers not given by the said constitution, but such clauses are to be construed as exceptions to certain specified powers, or as inserted merely for greater caution.”

Historian Dave Benner explains in his article “Can States Secede from the United States?” (IntellectualTakeOut.org, March 7, 2017):

       During the ratification debates, many figures firmly challenged the suggestion that coercive force could be used to obligate a state’s membership in the union. Melancton Smith of New York suggested that such coercion would be an anathema to the cause of liberty: “Can it, I say, be imagined, that in such a case, they would make war on a sister state?”

       He ridiculed the notion, declaring that “the idea is preposterous and chimerical.” George Mason, known today as the “Father of the Bill of Rights,” also rejected the assumption that war would befall a seceding state. Answering an inquiry regarding whether the government could “use military force to compel the observance of a social compact,” Mason scoffed at such a prospect, declaring that it would be “destructive to the rights of the people.”

Respected professor, author, and speaker (and founder of the Abbeville Institute), Donald W. Livingston noted, in his article “The Secession Tradition in America,” the conclusion offered by famed historian and political scientist Alexis de Tocqueville, who spent several years in America studying its political system and societies and who studied the US Constitution on the right of secession. De Tocqueville wrote: “The Union was formed by the voluntary agreement of the States; and, in uniting together, they have not forfeited their nationality, nor have they been reduced to the condition of one and the same people. If one of the States chose to withdraw its name from the contract, it would be difficult to disprove its right of doing so; and the Federal Government would have no means of maintaining its claims directly, either by force or by right.”

Abraham Lincoln intentionally re-characterized the Constitution in order to force the Southern States back into the Union, where its money could continue to fund the federal government and could continue to enrich the Northern states. He also sought to force the Southern States back into the Union because under the Confederate Constitution, protective tariffs (the lifeblood of northern industry) were prohibited and it would interact with other countries on a policy of Free Trade. Free trade would have signed the death of the Union because then only people in the North would have purchased its products and its industry and indeed its economy would have crashed. To that end, Lincoln denied the right of secession and characterized the Constitution as creating a “perpetual union,” which was just plain hogwash. Every compact, just like every contract, can be broken. He said the Southern States were “in rebellion against the United States” even though they made it exceedingly clear that they merely wanted a peaceful separation, and to remain on good terms with their former government. In order to prevent other States (the so-called “border States” and others that were clearly more pro-South than pro-North) from leaving the Union and joining the Confederacy, he sent in the Army of the United States to put them under martial law. Politicians sympathetic to the Confederate States were forcibly removed from office (and many jailed) and their state governments fundamentally changed to force them to be loyal to Lincoln. This was in violation of Section 4 of Article IV of the Constitution (The Guarantee Clause), which states:

The United States shall guarantee to every State in this Union a Republican Form of Government, and [the United States] shall protect each of them [the States] against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence.”

By removing duly-elected members of State legislatures and altering the governing bodies by force, Lincoln violated the Constitution (just another of the many times he violated the Constitution) and denied the border States the guarantee that the federal government who assure them a republican (the will of the people) form of government. Furthermore, as to all the States, including the border States, the western States (like Kentucky and Missouri), and the Southern States, the Constitution guaranteed them protection AGAINST invasion and was not a license for Lincoln to be the invader.

 

References:

Gene Kizer Jr, “The Right of Secession,” Referenced at:  http://www.bonniebluepublishing.com/The%20Right%20of%20Secession.htm

Gene Kizer Jr, Slavery Was Not the Cause of the War Between the States, Charleston Athenaeum Press, 2014.  [Chapter: “An Annotated Chronology of the Secession Debate in the South”; pp. 171-72)]  Available as a book, which was the resource I used) and also online at:  http://www.bonniebluepublishing.com/index.htm

Albert Taylor Bledsoe, Is Jefferson Davis a Traitor? (1865).  Reprinted by Forgotten Books (2012).  https://www.amazon.com/Davis-Traitor-Secession-Constitutional-Previous/dp/B008TYU1E4

Dave Benner, “Can States Secede from the United States?”, IntellectualTakeOut.org, March 7, 2017. Referenced at: http://www.intellectualtakeout.org/blog/can-states-secede-united-states),

Donald W. Livingston, “The Secession Tradition in America,” 1998.  Referenced at: http://www.ditext.com/livingston/tradition.html

“Ratification of the Constitution by the State of Virginia; June 26, 1788,” The Avalon Project (Yale Law School) – http://avalon.law.yale.edu/18th_century/ratva.asp

 

- 2018 (BEST, gray sweatshirt, Wake Up Call trip)

 

ADDENDUM: 

Ratification of the Constitution by the State of Virginia; June 26, 1788.

Virginia to wit

We the Delegates of the People of Virginia duly elected in pursuance of a recommendation from the General Assembly and now met in Convention having fully and freely investigated and discussed the proceedings of the Federal Convention and being prepared as well as the most mature deliberation hath enabled us to decide thereon Do in the name and in behalf of the People of Virginia declare and make known that the powers granted under the Constitution being derived from the People of the United States may be resumed by them whensoever the same shall be perverted to their injury or oppression and that every power not granted thereby remains with them and at their will: that therefore no right of any denomination can be cancelled abridged restrained or modified by the Congress by the Senate or House of Representatives acting in any Capacity by the President or any Department or Officer of the United States except in those instances in which power is given by the Constitution for those purposes: & that among other essential rights the liberty of Conscience and of the Press cannot be cancelled abridged restrained or modified by any authority of the United States. With these impressions with a solemn appeal to the Searcher of hearts for the purity of our intentions and under the conviction that whatsoever imperfections may exist in the Constitution ought rather to be examined in the mode prescribed therein than to bring the Union into danger by a delay with a hope of obtaining Amendments previous to the Ratification, We the said Delegates in the name and in behalf of the People of Virginia do by these presents assent to and ratify the Constitution recommended on the seventeenth day of September one thousand seven hundred and eighty seven by the Federal Convention for the Government of the United States hereby announcing to all those whom it may concern that the said Constitution is binding upon the said People according to an authentic Copy hereto annexed in the Words following; .

Done in Convention this twenty Sixth day of June one thousand seven hundred and eighty eight

By Order of the Convention

EDMUND PENDLETON, President  [SEAL.]

Virginia towit:

Subsequent Amendments agreed to in Convention as necessary to the proposed Constitution of Government for the United States, recommended to the consideration of the Congress which shall first assemble under the said Constitution to be acted upon according to the mode prescribed in the fifth article thereof:

That there be a Declaration or Bill of Rights asserting and securing from encroachment the essential and unalienable Rights of the People in some such manner as the following;

First, That there are certain natural rights of which men, when they form a social compact cannot deprive or divest their posterity, among which are the enjoyment of life and liberty, with the means of acquiring, possessing and protecting property, and pursuing and obtaining happiness and safety.

Second. That all power is naturally vested in and consequently derived from the people; that Magistrates, therefore, are their trustees and agents and at all times amenable to them.

Third, That Government ought to be instituted for the common benefit, protection and security of the People; and that the doctrine of non-resistance against arbitrary power and oppression is absurd slavish, and destructive of the good and happiness of mankind.

Fourth, That no man or set of Men are entitled to exclusive or separate public emoluments or privileges from the community, but in Consideration of public services; which not being descendible, neither ought the offices of Magistrate, Legislator or Judge, or any other public office to be hereditary.

Fifth, That the legislative, executive, and judiciary powers of Government should be separate and distinct, and that the members of the two first may be restrained from oppression by feeling and participating the public burthens, they should, at fixed periods be reduced to a private station, return into the mass of the people; and the vacancies be supplied by certain and regular elections; in which all or any part of the former members to be eligible or ineligible, as the rules of the Constitution of Government, and the laws shall direct.

Sixth, That elections of representatives in the legislature ought to be free and frequent, and all men having sufficient evidence of permanent common interest with and attachment to the Community ought to have the right of suffrage: and no aid, charge, tax or fee can be set, rated, or levied upon the people without their own consent, or that of their representatives so elected, nor can they be bound by any law to which they have not in like manner assented for the public good.

Seventh, That all power of suspending laws or the execution of laws by any authority, without the consent of the representatives of the people in the legislature is injurious to their rights, and ought not to be exercised.

Eighth, That in all capital and criminal prosecutions, a man hath a right to demand the cause and nature of his accusation, to be confronted with the accusers and witnesses, to call for evidence and be allowed counsel in his favor, and to a fair and speedy trial by an impartial Jury of his vicinage, without whose unanimous consent he cannot be found guilty, (except in the government of the land and naval forces) nor can he be compelled to give evidence against himself.

Ninth. That no freeman ought to be taken, imprisoned, or disseised of his freehold, liberties, privileges or franchises, or outlawed or exiled, or in any manner destroyed or deprived of his life, liberty or property but by the law of the land.

Tenth. That every freeman restrained of his liberty is entitled to a remedy to enquire into the lawfulness thereof, and to remove the same, if unlawful, and that such remedy ought not to be denied nor delayed.

Eleventh. That in controversies respecting property, and in suits between man and man, the ancient trial by Jury is one of the greatest Securities to the rights of the people, and ought to remain sacred and inviolable.

Twelfth. That every freeman ought to find a certain remedy by recourse to the laws for all injuries and wrongs he may receive in his person, property or character. He ought to obtain right and justice freely without sale, completely and without denial, promptly and without delay, and that all establishments or regulations contravening these rights, are oppressive and unjust.

Thirteenth, That excessive Bail ought not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Fourteenth, That every freeman has a right to be secure from all unreasonable searches and seizures of his person, his papers and his property; all warrants, therefore, to search suspected places, or seize any freeman, his papers or property, without information upon Oath (or affirmation of a person religiously scrupulous of taking an oath) of legal and sufficient cause, are grievous and oppressive; and all general Warrants to search suspected places, or to apprehend any suspected person, without specially naming or describing the place or person, are dangerous and ought not to be granted.

Fifteenth, That the people have a right peaceably to assemble together to consult for the common good, or to instruct their Representatives; and that every freeman has a right to petition or apply to the legislature for redress of grievances.

Sixteenth, That the people have a right to freedom of speech, and of writing and publishing their Sentiments; but the freedom of the press is one of the greatest bulwarks of liberty and ought not to be violated.

Seventeenth, That the people have a right to keep and bear arms; that a well regulated Militia composed of the body of the people trained to arms is the proper, natural and safe defense of a free State. That standing armies in time of peace are dangerous to liberty, and therefore ought to be avoided, as far as the circumstances and protection of the Community will admit; and that in all cases the military should be under strict subordination to and governed by the Civil power.

Eighteenth, That no Soldier in time of peace ought to be quartered in any house without the consent of the owner, and in time of war in such manner only as the laws direct.

Nineteenth, That any person religiously scrupulous of bearing arms ought to be exempted upon payment of an equivalent to employ another to bear arms in his stead.

Twentieth, That religion or the duty which we owe to our Creator, and the manner of discharging it can be directed only by reason and conviction, not by force or violence, and therefore all men have an equal, natural and unalienable right to the free exercise of religion according to the dictates of conscience, and that no particular religious sect or society ought to be favored or established by Law in preference to others.

 

AMENDMENTS TO THE BODY OF THE CONSTITUTION

First, That each State in the Union shall respectively retain every power, jurisdiction and right which is not by this Constitution delegated to the Congress of the United States or to the departments of the Federal Government.

Second, That there shall be one representative for every thirty thousand, according to the Enumeration or Census mentioned in the Constitution, until the whole number of representatives amounts to two hundred; after which that number shall be continued or increased as the Congress shall direct, upon the principles fixed by the Constitution by apportioning the Representatives of each State to some greater number of people from time to time as population increases.

Third, When Congress shall lay direct taxes or excises, they shall immediately inform the Executive power of each State of the quota of such state according to the Census herein directed, which is proposed to be thereby raised; And if the Legislature of any State shall pass a law which shall be effectual for raising such quota at the time required by Congress, the taxes and excises laid by Congress shall not be collected, in such State.

Fourth, That the members of the Senate and House of Representatives shall be ineligible to, and incapable of holding, any civil office under the authority of the United States, during the time for which they shall respectively be elected.

Fifth, That the Journals of the proceedings of the Senate and House of Representatives shall be published at least once in every year, except such parts thereof relating to treaties, alliances or military operations, as in their judgment require secrecy.

Sixth, That a regular statement and account of the receipts and expenditures of all public money shall be published at least once in every year.

Seventh, That no commercial treaty shall be ratified without the concurrence of two thirds of the whole number of the members of the Senate; and no Treaty ceding, contracting, restraining or suspending the territorial rights or claims of the United States, or any of them or their, or any of their rights or claims to fishing in the American seas, or navigating the American rivers shall be but in cases of the most urgent and extreme necessity, nor shall any such treaty be ratified without the concurrence of three fourths of the whole number of the members of both houses respectively.

Eighth, That no navigation law, or law regulating Commerce shall be passed without the consent of two thirds of the Members present in both houses.

Ninth, That no standing army or regular troops shall be raised or kept up in time of peace, without the consent of two thirds of the members present in both houses.

Tenth, That no soldier shall be enlisted for any longer term than four years, except in time of war, and then for no longer term than the continuance of the war.

Eleventh, That each State respectively shall have the power to provide for organizing, arming and disciplining it’s own Militia, whensoever Congress shall omit or neglect to provide for the same. That the Militia shall not be subject to Martial law, except when in actual service in time of war, invasion, or rebellion; and when not in the actual service of the United States, shall be subject only to such fines, penalties and punishments as shall be directed or inflicted by the laws of its own State.

Twelfth That the exclusive power of legislation given to Congress over the Federal Town and its adjacent District and other places purchased or to be purchased by Congress of any of the States shall extend only to such regulations as respect the police and good government thereof.

Thirteenth, That no person shall be capable of being President of the United States for more than eight years in any term of sixteen years.

Fourteenth That the judicial power of the United States shall be vested in one supreme Court, and in such courts of Admiralty as Congress may from time to time ordain and establish in any of the different States: The Judicial power shall extend to all cases in Law and Equity arising under treaties made, or which shall be made under the authority of the United States; to all cases affecting ambassadors other foreign ministers and consuls; to all cases of Admiralty and maritime jurisdiction; to controversies to which the United States shall be a party; to controversies between two or States, and between parties claiming lands under the grants of different States. In all cases affecting ambassadors, other foreign ministers and Consuls, and those in which a State shall be a party, the supreme court shall have original jurisdiction; in all other cases before mentioned the supreme Court shall have appellate jurisdiction as to matters of law only: except in cases of equity, and of admiralty and maritime jurisdiction, in which the Supreme Court shall have appellate jurisdiction both as to law and fact, with such exceptions and under such regulations as the Congress shall make. But the judicial power of the United States shall extend to no case where the cause of action shall have originated before the ratification of this Constitution; except in disputes between States about their Territory, disputes between persons claiming lands under the grants of different States, and suits for debts due to the United States.

Fifteenth, That in criminal prosecutions no man shall be restrained in the exercise of the usual and accustomed right of challenging or excepting to the Jury.

Sixteenth, That Congress shall not alter, modify or interfere in the times, places, or manner of holding elections for Senators and Representatives or either of them, except when the legislature of any State shall neglect, refuse or be disabled by invasion or rebellion to prescribe the same.

Seventeenth, That those clauses which declare that Congress shall not exercise certain powers be not interpreted in any manner whatsoever to extend the powers of Congress. But that they may be construed either as making exceptions to the specified powers where this shall be the case, or otherwise as inserted merely for greater caution.

Eighteenth, That the laws ascertaining the compensation to Senators and Representatives for their services be postponed in their operation, until after the election of Representatives immediately succeeding the passing thereof; that excepted, which shall first be passed on the Subject.

Nineteenth, That some Tribunal other than the Senate be provided for trying impeachments of Senators.

Twentieth, That the Salary of a Judge shall not be increased or diminished during his continuance in Office, otherwise than by general regulations of Salary which may take place on a revision of the subject at stated periods of not less than seven years to commence from the time such Salaries shall be first ascertained by Congress. And the Convention do, in the name and behalf of the People of this Commonwealth enjoin it upon their Representatives in Congress to exert all their influence and use all reasonable and legal methods to obtain a Ratification of the foregoing alterations and provisions in the manner provided by the fifth article of the said Constitution; and in all Congressional laws to be passed in the mean time, to conform to the spirit of those Amendments as far as the said Constitution will admit.

Done in Convention this twenty seventh day of June in the year of our Lord one thousand seven hundred and eighty eight.

By order of the Convention.

EDMD PENDLETON President  [SEAL.]

Reprinted from Documentary History of the Constitution, Vol. II (1894), pp. 145, 146, 160, 377-385

A Proposed State Sovereignty Resolution Re-Asserting the Tenth and Second Amendments

Don't Tread on Me (#3)

by Diane Rufino, February 21, 2018

The following is a proposed State Sovereignty Resolution that I wrote and proposed to my legislators in the North Carolina General Assembly. I feel very strongly that the General Assembly should make it clear that the people’s right to have and bear arms is safe and secure in our state.

NORTH CAROLINA STATE SOVEREIGNTY RESOLUTION

A Bill Announcing the Intention to Nullify any and all Unconstitutional federal Gun Control Bills that the State of North Carolina and its People believe to be an Infringement of their Natural Rights of Self-Defense and Self-Protection as Recognized by the Second Amendment

The State of North Carolina asserts the following

A warm attachment to the Union of the States, to which it had pledged its loyalty in accordance with the terms of the Constitution, the compact that created it, and to that end, it has a duty to watch over and oppose every infraction of those principles which constitute the basis of that Union, because only a faithful observance of them can secure its existence and the public happiness;

Its recognition and respect for the lawful and constitutional process for altering the terms and meaning of the Constitution, including the amendments contained in the Bill of Rights, which are the two procedures listed in Article V (the Amendment Process);

The Second Amendment recognizes that a well-regulated Militia, being necessary to the security of a free State, shall not be infringed;

The Second Amendment also recognizes that the right of the people to keep and bear Arms, shall not be infringed;

The Second Amendment recognizes the natural right of Self-Defense and Self-Protection, both on behalf of the State (“a free State,” by the way) and of the individual;

The Second Amendment doesn’t grant these rights but rather, it protects them, without condition or limitation, from the reaches of the federal government, especially the US Congress and its law-making power;

The phrase “SHALL NOT BE INFRINGED” is clear and instructional on its face;

To affirm the point above further and to support it greater, the States specifically included a Preamble to explain the reason for the ten amendments to the new Constitution (amendments that were demanded by them and without them would have jeopardized and prevented the ratification of that document. The Preamble reads: “The Conventions of a number of the States, having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government, will best ensure the beneficent ends of its institution”;

The Preamble to the Bill of Rights makes abundantly clear that the Constitution established a federal government of limited powers, and that in those limited objects of government, the federal government is limited even further by the ten amendments added (ratified by 3/4 of the States) on Dec. 15, 1791;

Just as the Supremacy Clause asserts the supremacy of the federal government with respect to the powers delegated to it, which are “few and defined” (Federalist No. 45, written by the same man, James Madison, who authored the Constitution), the Tenth Amendment and the Preamble to the Bill of Rights assert the supremacy of the States with respect to the powers reserved to them;

That one of the reserved powers of the State is the responsibility, the duty, to prevent unconstitutional federal laws, policies, executive actions, and court opinions from infringing on the rights of its people;

The Second Amendment has a very purposeful history; the rights recognized were not rights pulled out of thin air but rather stem from Natural Law and the concept that certain rights are endowed by a Creator (inherent in our very humanity);

Our Founders were not talking about hunting when they demanded that the Second Amendment be added to the Constitution; they were concerned about the freedom of the individual, and also the populace in general, to be armed in the face of a powerful and aggressive government – one that may send out a standing army in times of peace, one that may try to enact laws for gun and ammunition confiscation, and one that may eventually try to outright or effectively disarm its people;

The history of England, and indeed the history of many other nations, teaches us that when individuals are unable to defend themselves and their rights, they essentially have no rights. Rather, they have temporary permission from government to exercise rights until they somehow pose a serious threat to those in power.

James Madison once said: “If Men were angels, no government would be necessary.”  But what if it was the federal government that was not the angel?  The Second Amendment is the contingency plan in such a case;

James Madison also wrote (in Federalist No. 28): “If the representatives of the People betray their constituents, there is no resource left but in the exertion of that original right of self-defense which is paramount to all positive forms of government”;

In addition to the natural right to defend one’s life and property, as well as those of family members and perhaps fellow citizens who are vulnerable,  there are other components of self-defense and self-protection other than the actual confrontation and neutralization of a violent intruder or attacker, that the people recognize – one being DETERRENCE;

Gun-Free Zones, homes without effective firearms, and individuals of sound mind disenfranchised in their right to have and bear arms serve as attractive targets for criminals and evil-intentioned, mentally-disturbed individuals;

The State of North Carolina, under the Tenth Amendment and according to compact principles, reserves the right to determine when the federal government has over-stepped its constitutional bounds with respect to legislation on gun control;

The State of North Carolina will NOT comply with any federal gun control law or policy that hinders or burdens its citizens in their free exercise of the natural right of self-defense and self-protection recognized by the Second Amendment;

In furtherance of its DUTY to prevent unconstitutional or abusive acts of the federal government on its citizens, and in furtherance of its DUTY to prevent the God-given and Natural rights of its People, the State of North Carolina will interpose using whatever means necessary to ensure that such gun control laws or policies (including judicial opinions), or any laws, policies, or court opinions for that matter in violation of the Constitution generally or the Bill of Rights specifically are not enforced in the State.

** ** ** ** ** ** ** ** ** ** ** ** **

I posted a closely-related article, with commentary on the Second Amendment, prior to this one –  https://forloveofgodandcountry.com/2018/04/01/keep-the-second-amendment-secure-in-north-carolina-2/

- 2018 (gray shirt, March 24, 2018) - BEST

Keep the Second Amendment Secure in North Carolina

SECOND AMENDMENT - Firearm on Constitution

by Diane Rufino, March 27, 2018

My appreciation of the Second Amendment and gratitude for the wisdom and insistence of our Founders and for the States who insisted that it was necessary to be included in our Constitution (or else they would refuse to join the Union) was solidified in an incident that happened to me many years ago.

When I was 26 years old, I was living on my own in my first apartment – a tiny, one-bedroom place in Plainsboro, New Jersey. My first job out of grad school didn’t pay very much so I had to work a second job to support myself.  One night, after getting home from my waitressing job and taking a shower, I had trouble sleeping. So I put on the TV and found a good Clint Eastwood movie to watch – Any Which Way But Loose. It was a very small apartment and it turns out that the TV stand I had was very close to the apartment door, which was locked. It was about 1:00 – 1:30 in the morning – maybe later. As I was watching the movie, I happened to notice that the door knob was moving. Someone was outside my door, trying to get in. The knob was moving harder and harder, and I was scared like I had never been scared before in my life. (I had learned soon after I moved into the apartment complex that a young woman tenant had been murdered just before I moved in).  As I was shaking uncontrollably and trying to find the number for the Plainsboro Police (the days before cell phones and 911), I heard a man speak through the crack in the door “Open the door; you’re the girl with the silver Fiero, right?”  In fact, I had a silver 1983 Pontiac Fiero. The man trying to break in specifically targeted MY apartment. He was looking for ME. I didn’t know who he was and I couldn’t imagine who he was. I was new to the area and had very few friends and acquaintances. I called the police, using the only phone I had, which was next to the kitchen. It was not in a direct line of view to the door. The police dispatcher told me to stay on the line and that a police car would be there shortly.  I picked up the only knife I had in my apartment – a cheap steak knife. All I kept saying was “Please hurry. Please hurry. I’m so scared.”

I was absolutely helpless. I am 4 foot 9 inches tall and weighed less than 100 pounds at the time. I had a cheap knife in my hand, not even sure if I was capable of overcoming my state of fear to defend myself.

The police arrived before the door was pried open and I collapsed in tears, grateful that someone was there to protect me. The potential intruder told the police that he had been drinking and in his drunken state, he must have gotten confused because he thought he was trying to get into his own apartment.  I told the police that it wasn’t the truth because he had called out “You’re the girl with the silver Fiero.”  Nevertheless, the police believed his story and they let him go. They admonished him for scaring me and told him “don’t do it again.” Turns out that he lived in the building next to my building; a grassy courtyard separated our buildings. He lived on the second floor.  My apartment was a ground-floor apartment. So, it was hard to imagine the police would have believed his story about being confused and thinking it was his apartment.

I never stayed in the apartment again after that. I stayed with a friend for about two weeks and then moved into a new place, in another town.

I often thought what I would have needed to defend myself that night, especially if he rushed in and rushed towards me. Again, I’m short and barely able to keep my composure when nervous. I am prone to anxiety attacks. Would a simple handgun holding 5 bullets been sufficient for me to stop him?  I can’t say for sure. Maybe, but maybe not. I imagine I would not have been composed enough to aim well so maybe not. I would have needed something that didn’t require accuracy. What if there were two men?  Well then, a simple handgun would not have been enough.

What if Plainsboro law required individuals to have guns dissembled in the home?

Self-protection is not a one-size-fits-all model. The Right to Self-Defense doesn’t require a one-size-fits all scheme. The Right to Self-Defense has no limits or conditions; it is merely the RIGHT to defend oneself (against others who intend harm), allowing each individual to decide for himself or herself what is needed to ensure that. The government once re-interpreted its “Necessary and Proper” Clause to mean “anything convenient” to help the government carry out its functions. It reasoned, in direct conflict with the very words of Article I, Section 8, that the government needs to determine, and to do, whatever helps it (“whatever is convenient”) to carry out its functions. We the People interpret the Second Amendment in the same broad sense –  “anything convenient” to carry into the effect the right to defend and protect oneself.

The Right to Life is recognized ever so profoundly in perhaps the most important, most significant document in the world – our American Declaration of Independence. “We hold these truths to be self-evident, that All Men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.”  The Right to Life is not the government’s to give, or define, to limit, or to take credit for, and the natural Rights to protect it, secure it, and preserve it (known as the Right of Self-Defense and the Right of Self-Preservation) are inherently equal to that Right to Life.

The day the government denies we the people that right to protect, secure, and preserve our lives is the day that we are no longer free but merely subjects, inferior in our status to the government’s right and power to preserve itself. The day that we lose our Right to Have and Bear Arms is the day that we surrender all other rights. The Right embodied in the Second Amendment is the one right that secures all others.

The Declaration goes on to tell us what we the people have the inherent and natural right to expect from government: “That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed,….”  And then it instructs what we also have the inherent and natural right to do when government fails to secure our rights and instead, threatens them: “That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness…”

Powerful and progressive actors (individuals and organizations) in this country, including Michael Bloomberg, are forcing an evil agenda on the people of this country and on the government which has, as its ultimate goal, the destruction of the rights we are entitled to and the ones we need to continue being a free people. These actors are forcing us to re-evaluate whether our government is becoming destructive of the ends for which it was created and the result is not going to be pretty.  A government (King George III of England) tried that over 200 years ago at Lexington and Concord, MA, and then at Williamsburg, VA, and the result was a revolution for the right to govern as the colonies saw fit, with the goal to never surrender their rights and liberties again. Today’s youth don’t understand this. Today’s youth don’t even know about this.  Today’s progressives don’t care about this.

There are a lot of people out there, including those who marched on DC, who are advocating for the weakening and even the repeal of the Second Amendment. But that cannot happen. Let’s be absolutely clear on that. The Constitution – and thus the legal status – of the Second Amendment is crystal clear on the matter:  The Second Amendment confers the RIGHT to an individual to have and bear arms for SELF-DEFENSE (McDonald v. Chicago, 2010, and Heller v. District of Columbia, 2008).  That right SHALL NOT BE INFRINGED.  Furthermore, the ONLY way the Second Amendment can be limited or abolished is through the Article V amendment process.  And there are some legal experts who believe that the amendments comprising the Bill of Rights can never be amended. Amendments, they explain, can be added (for example to include other rights), but the original ten amendments are to remain in force as they are because they recognize what, at the very least, our inherent liberty rights include. Because they are rights that are inalienable to us (Life, Liberty, and the Pursuit of Happiness), we are always entitled to them.

What does it mean to have the natural right of self-defense?  It means we can be expected to protect ourselves, in any way that the situation requires. It means that if we are in fear for our lives or serious harm, we have the right to eliminate that threat. Individuals have the right to exercise their rights but only when they don’t seriously impact those of other individuals. I have the right to free speech. But my right doesn’t include the right to shut yours down. I have the right to own a gun, but I don’t have the right to take the life of an innocent person with it. The inherent, or natural, right of self-defense and self-preservation is recognized, and has been recognized historically, in criminal law. A person who shoots and kills an intruder carrying a gun commits homicide which is a serious crime. But under the law, it is considered “justifiable” and therefore not punishable. A woman who stabs and kills a man who is attacking her and intending to rape her commits homicide. But under the law, it is considered “justifiable” and therefore not punishable. “Justifiable” is a term which means that the killing was “justified,” and one of the most common reasons is self-defense.

We don’t need the Second Amendment to have the right to defend ourselves, including with firearms. The Second Amendment confers no such right. Rather, it recognizes the right. If bad guys can threaten lives with guns (which they will ALWAYS be able to do; which they have ALWAYS been able to do), innocent victims have the right to have access to guns to counter that threat. If we continue down the road to governments like the Third Reich, Stalinist Russia, Mao Zedong’s communist China, Pol Pot’s Cambodia, Hugo Chavez’ Venezuela, and even British King James II, to use the full force of government to ignore individual rights and eliminate political opposition, we know that that its operatives and its armies will threaten American citizens with guns and all kinds of advanced weapons. We have the right to have access to guns, and also advanced weapons, to counter that threat.  Like kind for like kind. That is what is meant by being free and that is what is meant by having a meaningful right to self-defense.

We see a dramatic rise in violence by bad people and we see a dramatic rise in retaliatory violence by persons who are emotionally and mentally unstable. We are seeing something play out that people throughout history have also seen – bad people and evil-intentioned people will ALWAYS find ways to get weapons (or they will make them, such as Timothy McVeigh and the UnaBomber Ted Kaczynski, or they will weaponize other instrumentalities, such as cars, trucks, planes).  The rise in abnormal behavior, in criminal tendencies, in retaliatory mass shootings, in mental instability is something we should be focusing on. It’s the behavior – the diseased mind and the black heart – that seeks out the guns for violence. The guns don’t force themselves on those individuals. We should be focusing on what in our society is giving rise to this behavior – this troubling trend. Specifically, we should be looking at policies that government has forced on our communities through its seeming desire to change our social fabric and our social norms, to force new values on us and to force us to repress old conventional ones. Government – our public schools and our colleges and universities, our public offices, our public hospitals, the main-stream media (undoubtedly, an arm of the government’s establishment) – has been pushing a new agenda now for many years and that is “Diversity.”  We are indoctrinated to believe that diversity is the most important factor in college admissions, in the make-up of a student body and in the classroom, in the workforce, in our police forces, and in government; we are indoctrinated to belief that what we look like – what the color of our skin is, what country we came from, what gender we are, and what gender we want to be – is far more important than the competency and skills we bring to that school or that office. The government disregards the entire sad history of this country from the era when slavery was abolished until Civil Rights legislation was passed when we DID focus only on what a person looked like. Government doesn’t learn from history but rather repeats it. Government, through its willing and reckless refusal to enforce the most important of laws, our immigration laws and its willful blind eye to all the crime and lawlessness that has resulted, indoctrinates us, tacitly, that laws are not really to be taken too seriously. Government, contradicting what our parents used to teach us, undermines the importance of the rule of law and undermines the notion of equality under the law.

Morality is a thing of the past and so is religious observance in our daily lives. The family is no longer the bedrock and the pillar of society, and we see that in the laws of progressive states and in the court decisions in all other areas. We are intolerant to focus on the “nuclear family.” We are intolerant to refer to parents in gender terms. We are discriminatory if we dare accept the psychologists’ and the social scientists’ data that the proper emotional and psychological development of children depend on there being both a female and a male parent in the home and in their raising. We are discriminatory if we dare accept the well-established and reproducible data that children end up living in poverty, with a lack of education, and with psychological or domestic problems when they are raised in a single parent home. We are discriminatory if we dare accept the well-established and reproducible data that those who commit violence, those who commit mass murder, and those who embrace a criminal lifestyle are those raised without a father or without an effective father figure in their lives  We who lived in societies that respected and recognized traditional family values (and legislated to that effect) enjoyed its benefits. Societies were safer and children progressed through their childhood and teen years without incident and went on to become healthy and contributing members, having families of their own and raising their children successfully. We who recognize that reality and who recognize the robust data on the social benefits of a traditional family and the social problems created by the lack of such a family are antiquated and a threat to the progress of society in this country. Most families are no longer intact or have been re-established through second marriages, etc.  Children are psychological playthings – mere social experiments whose well-being comes at the expense of the desires or the recklessness of their parents or is merely considered as less important. Those were not the values of my parent’s day.

So, we don’t need the Second Amendment to exercise our rights of self-defense and self-protection. What we would like is our government to say “Government is prohibited from defining limits to the Second Amendment; the Constitution is clear on that.” We need our government to be of the kind that the Declaration of Independence promises us –  one that has as its primary purpose the security of our individual rights to Life, Liberty, and the Pursuit of Happiness. And one way to demonstrate that it is such a government is to respect the Second Amendment and not push to have it limited or as former Supreme Court justice John Paul Stevens urged, to have it abolished. Should that, in fact happen, and especially if it happens through legislation by the US Congress or by pronouncements from the bench by activist judges, then we have an illegitimate government and the provision in the Declaration which states “that whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness…” is triggered and the people have the natural right to separate from it.

I have proposed a State Sovereignty Resolution to my legislators in the North Carolina General Assembly. I feel very strongly that the General Assembly, our legislative body (“The People’s Body”), should make it clear that the people’s right to have and bear arms is safe and secure in our state.

The text of my proposed State Sovereignty Resolution is provided below:

NORTH CAROLINA STATE SOVEREIGNTY RESOLUTION

A Bill Announcing the Intention to Nullify any and all Unconstitutional federal Gun Control Bills that the State of North Carolina and its People believe to be an Infringement of their Natural Rights of Self-Defense and Self-Protection as Recognized by the Second Amendment

The State of North Carolina asserts the following

A warm attachment to the Union of the States, to which it had pledged its loyalty in accordance with the terms of the Constitution, the compact that created it, and to that end, it has a duty to watch over and oppose every infraction of those principles which constitute the basis of that Union, because only a faithful observance of them can secure its existence and the public happiness;

Its recognition and respect for the lawful and constitutional process for altering the terms and meaning of the Constitution, including the amendments contained in the Bill of Rights, which are the two procedures listed in Article V (the Amendment Process);

The Second Amendment recognizes that a well-regulated Militia, being necessary to the security of a free State, shall not be infringed;

The Second Amendment also recognizes that the right of the people to keep and bear Arms, shall not be infringed;

The Second Amendment recognizes the natural right of Self-Defense and Self-Protection, both on behalf of the State (“a free State,” by the way) and of the individual;

The Second Amendment doesn’t grant these rights but rather, it protects them, without condition or limitation, from the reaches of the federal government, especially the US Congress and its law-making power;

The phrase “SHALL NOT BE INFRINGED” is clear and instructional on its face;

To affirm the point above further and to support it greater, the States specifically included a Preamble to explain the reason for the ten amendments to the new Constitution (amendments that were demanded by them and without them would have jeopardized and prevented the ratification of that document. The Preamble reads: “The Conventions of a number of the States, having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government, will best ensure the beneficent ends of its institution”;

The Preamble to the Bill of Rights makes abundantly clear that the Constitution established a federal government of limited powers, and that in those limited objects of government, the federal government is limited even further by the ten amendments added (ratified by 3/4 of the States) on Dec. 15, 1791;

Just as the Supremacy Clause asserts the supremacy of the federal government with respect to the powers delegated to it, which are “few and defined” (Federalist No. 45, written by the same man, James Madison, who authored the Constitution), the Tenth Amendment and the Preamble to the Bill of Rights assert the supremacy of the States with respect to the powers reserved to them;

That one of the reserved powers of the State is the responsibility, the duty, to prevent unconstitutional federal laws, policies, executive actions, and court opinions from infringing on the rights of its people;

The Second Amendment has a very purposeful history; the rights recognized were not rights pulled out of thin air but rather stem from Natural Law and the concept that certain rights are endowed by a Creator (inherent in our very humanity);

Our Founders were not talking about hunting when they demanded that the Second Amendment be added to the Constitution; they were concerned about the freedom of the individual, and also the populace in general, to be armed in the face of a powerful and aggressive government – one that may send out a standing army in times of peace, one that may try to enact laws for gun and ammunition confiscation, and one that may eventually try to outright or effectively disarm its people;

The history of England, and indeed the history of many other nations, teaches us that when individuals are unable to defend themselves and their rights, they essentially have no rights. Rather, they have temporary permission from government to exercise rights until they somehow pose a serious threat to those in power.

James Madison once said: “If Men were angels, no government would be necessary.”  But what if it was the federal government that was not the angel?  The Second Amendment is the contingency plan in such a case;

James Madison also wrote (in Federalist No. 28): “If the representatives of the People betray their constituents, there is no resource left but in the exertion of that original right of self-defense which is paramount to all positive forms of government”;

In addition to the natural right to defend one’s life and property, as well as those of family members and perhaps fellow citizens who are vulnerable,  there are other components of self-defense and self-protection other than the actual confrontation and neutralization of a violent intruder or attacker, that the people recognize – one being DETERRENCE;

Gun-Free Zones, homes without effective firearms, and individuals of sound mind disenfranchised in their right to have and bear arms serve as attractive targets for criminals and evil-intentioned, mentally-disturbed individuals;

The State of North Carolina, under the Tenth Amendment and according to compact principles, reserves the right to determine when the federal government has over-stepped its constitutional bounds with respect to legislation on gun control;

The State of North Carolina will NOT comply with any federal gun control law or policy that hinders or burdens its citizens in their free exercise of the natural right of self-defense and self-protection recognized by the Second Amendment;

In furtherance of its DUTY to prevent unconstitutional or abusive acts of the federal government on its citizens, and in furtherance of its DUTY to prevent the God-given and Natural rights of its People, the State of North Carolina will interpose using whatever means necessary to ensure that such gun control laws or policies (including judicial opinions), or any laws, policies, or court opinions for that matter in violation of the Constitution generally or the Bill of Rights specifically are not enforced in the State.

** ** ** ** ** ** ** ** ** ** ** ** **

 

Notice that the Resolution only recognizes a rightful limitation of the right and ability to purchase and possess guns when it comes to persons who have a history of violence or mental instability. It is only in these two instances that individuals are unable to appreciate or respect the rights of others and therefore have been deemed to have forfeited their rights under the Second Amendment.

The Resolution that I have written (above) can easily be modified for a Sovereignty Bill or a Nullification Bill. If it is modified for such a bill, it should include the various types of interposition (action) that North Carolina would be willing to pursue (and will pursue) in order to shield its citizens from the effect of unconstitutional federal gun control laws. In other words, the bill should list the various types of action that the state and its officials will carry out in order to prevent such gun laws from being enforced on the citizens – including such things as arresting and jailing federal officers who attempt to come into the state to enforce the laws, not recognizing federal court opinions that erode or limit the Second Amendment, removing and disbarring judges from the bench who attempt to punish NC citizens under the federal law, empowering Sheriffs to not enforce the law or to share information with the federal government, refusal to allow its state officials to cooperate in the enforcement of the law, and challenging the law in court.

If you agree with the sentiment expressed in this article and if you agree with the points articulated in the Resolution, please share with others. If you agree that North Carolina should adopt this, or a similar, resolution affirming the Second Amendment, please contact your representative and send them a copy of what I have written. If you are not from North Carolina but would like your state legislature to adopt such a resolution, please contact your representative(s) and share this article – or at least the resolution.

All tyranny needs is for good people to do nothing.  The powerful progressive movement in our country will continue to misuse and manipulate elements of our government – the liberal, progressive, activist courts and the politically-deranged members of Congress – to strip our rights away. Our rights are what allow us to stand up for the truth and stand up against our aggressive government.  We cannot remain silent and we must not allow their agenda to continue to move forward. The Second Amendment – the right to have and bear guns for self-defense is where we must draw the line, as our founding generation did. That is what Patrick Henry was talking about when he exclaimed: “Give Me Liberty or Give Me Death!”  Without the right of self-defense and the right to use firearms for self-defense, we effectively have no secure rights. Without the Second Amendment, we have no effective way to protect the others.

Saul Alinsky, building on Lenin’s original plan for world conquest by communism, wrote a book entitled “Rules for Radicals” in which he outlined a plan to turn useless idiots into useful idiots for political purposes. The ultimate purpose, of course, is the creation of a large, concentrated, socialist government with the power to control the lives of its citizens. I never understood the attraction of a socialist state, especially in this country, and to so many people.  In a socialist state, individuals lose their rights, their freedoms, and their choices to the dictates of government. Alinsky, like Lenin, examined the various levels of control that a government would need in order to establish an effective socialist state and those levels are, in order:

(1)  Healthcare – A government that controls the people’s healthcare controls the people themselves

(2)  Poverty – people in poverty are easiest to control; hence, it is most beneficial for government to pursue policies that increase the level of poverty or keep individuals and their offspring in poverty

(3)  Debt – government will increase the national debt to unsustainable levels because then it can continue to tax heavily (and to increase taxation; to burden property). Taxation produces more poverty or at least, prevents many from improving their financial situation

(4)  Gun Control – disarming the people allows the government to establish a police state, if need be

(5)  Welfare – welfare allows government to take control of every aspect of a recipient’s life – food, housing, choices, even decisions to marry or to pursue education. Government will never get rid of welfare programs if its goal is socialism

(6)  Education – government needs to take control of what its youth learns…  what they read, what they listen to, and what things mean; it needs to use the education system as a means to indoctrinate its citizens.

(7)  Religion – a belief in God needs to be removed from schools, government, the marketplace, and the public square. A socialist government substitutes itself for the role of God.  A moral, religious people will always question the legitimate role of government, and so, it must minimize this faction.

(8)  Class Warfare – government needs to divide its people into poor and wealthy — the “have’s” and the “have-not’s.”  It also needs to divide people along racial lines – characterizing one group as “victims” and the other as “oppressors” (or as “beneficiaries”). This way it is easier to demonize the wealthy, the empowered, the benefitted classes and therefore, to take from them — their money (through taxation – to benefit the poor), and their positions (through “diversity”-enrichment programs). It is easier to re-engineer society by creating division, hatred, and distrust.

Looking at this list, government has achieved every one of these levels of control – EXCEPT gun control. Is it any wonder that the left is pursuing it at such a rabid level lately?  Is it any wonder that it uses every tragedy to attack the Second Amendment?

So again, if you agree with the sentiment expressed in this article and if you agree with the points articulated in the Resolution, please share with others. And if you live in North Carolina, please contact your state rep and send him a copy.

There was a time when North Carolina was the most liberty-minded of all the colonies and all the states. She has a profound and impressive history. My hope is that her legacy will live on with her respect for its citizens’ Second Amendment rights.

[NOTE:  I wanted to include this disclaimer, after the fact. Doing research for my April 5 article, I learned that the 8 Levels of Government Control to Establish a Social State is not included in Saul Alinsky’s book “Rules for Radicals,” and in fact, is not attributable to him at all. Some, however, have attributed some of the levels to Richard Cloward and Francis Fox Piven (“The Cloward-Piven Strategy”).  In my article: “Government Control of the People – The Progressive Scheme:  Making Useful Idiots Out of Useless Idiots,” I discuss Saul Alinsky and his book, and its potential for transforming the character of our country, but I also address this misinformation about the 8 levels.  The article is posted here:   https://forloveofgodandcountry.com/2018/04/05/government-control-of-the-people-the-progressive-model-making-useful-idiots-out-of-useless-idiots/ ]

- 2018 (gray shirt, March 24, 2018) - BEST

INTERPOSITION: The Duty to Say “NO!”

NO - Just say NO (signs)

by Diane Rufino, January 25, 2018

The word Interposition means “to place between; cause to intervene.” In the context of the Constitution and the system of government it has established in this country, interposition is the doctrine that says that an individual State may oppose any federal action it believes encroaches on its sovereignty. It is a doctrine tied to the Tenth Amendment. The Tenth Amendment, as we all know, is a restatement of the fact that government power is split between two sovereigns, the federal government and the individual States. The Constitution establishes a horizontal separation of powers between the executive, legislative, and judicial branches at the federal level. By the very nature of its limited grants of delegated powers to those branches, the Constitution also establishes a vertical separation of powers between the federal government and the State governments. By “vertical,” we mean that the federal and State governments are co-equal sovereigns. The Tenth Amendment is a restatement of the fact that the Union is not a consolidated one with unlimited power at the federal level but rather a federation of sovereign states with most of the day-to-day running of people’s lives and governing of communities being reserved to the States and the powers to regulate for safety and security, immigration, commerce, and currency being delegated to the common government. Dual Sovereignty. The Tenth Amendment, quite simply, reads: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the People.”

Since the Tenth Amendment cannot enforce itself, interposition is one of the doctrines that allows the States and the People to stand up for the rights that are reserved to them.  Right now, the federal government has a monopoly over the meaning and scope of its powers. Congress makes the laws, the president signs the laws and enforces then, and the courts review them for constitutionality.  It wasn’t always this way. The federal courts were originally only supposed to render an “opinion” to the other branches. They were to take that opinion under advisement and amend the particular law or alter their conduct. The “check” that the “opinion” offered was that it was public; once the States found out the opinion, as sovereigns and as the co-parties to the compact known as the US Constitution, they always had the option to nullify and refuse to enforce a law or policy that the court deemed as unconstitutional. But the judicial branch made sure that its power was much more substantial than rendering a mere opinion. The federal monopoly was established when Chief Justice John Marshall handed down the Marbury v. Madison opinion in 1803.  Essentially the decision asserts that the Supreme Court is the tribunal tasked with interpreting the Constitution and as such, it’s “opinions” are not really “opinions” at all but binding decisions. Whatever the men in robes decide is the meaning and the intent of the Constitution IS the meaning and intent and its decisions are final and binding.

But rights and liberties are never secure when men and women have the power to interpret while also being motivated by political opinions, personal passions, etc. The Tenth Amendment MUST not be left to the federal government monopoly to ignore or re-interpret as it sees fit.

The remedy always available to those who hold the reserved powers is interposition – to recognize that certain acts are unconstitutional and exceed delegated powers (and hence are null and void and legally unenforceable) and then to take the necessary steps to make sure that they are NOT enforced. To allow them to be enforced is allowing government usurpation.

I. Interposition: Its Roots in the Magna Carta –

Interposition is a doctrine that the federal government abhors. Arizona tried to interpose in 2010 or so when it was fed up with the fact that the Obama administration refused to enforce immigration laws and the State was being overly burdened by illegal immigration. It passed a law giving its state law enforcement powers to determine which immigrants were undocumented and to require employers to do the same in the hiring process (e-verify). The Arizona legislature and Governor Jan Brewer interposed for the benefit of their citizens and for the proper functioning of the State. Quickly, however, Obama sued the State. How dare it interpose.

Where did this doctrine come from???

It has its roots in the Great English Charter itself – the Magna Carta, signed in the year 1215 by King John to formally recognize the “rights” recognized by ancient tradition and custom of the barons and other lower-class Englishmen. (Remember, this was Medieval England, the era of serfdom)

At the end of the Charter, the English barons included a section providing for the enforcement of its provisions. Section 61 read:

“Since, moveover, for God and the amendment of our kingdom and for the better allaying of the quarrel that has arisen between us and our barons, we have granted all these concessions, desirous that they should enjoy them in complete and firm endurance forever, we give and grant to them the underwritten security, namely, that the barons choose five and twenty barons of the kingdom, whomsoever they will, who shall be bound with all their might, to observe and hold, and cause to be observed, the peace and liberties we have granted and confirmed to them by this our present Charter, so that if we, or our justiciar, or our bailiffs or any one of our officers, shall in anything be at fault towards anyone, or shall have broken any one of the articles of this peace or of this security, and the offense be notified to four barons of the foresaid five and twenty, the said four barons shall repair to us (or our justiciar, if we are out of the realm) and, laying the transgression before us, petition to have that transgression redressed without delay. And if we shall not have corrected the transgression (or, in the event of our being out of the realm, if our justiciar shall not have corrected it) within forty days, reckoning from the time it has been intimated to us (or to our justiciar, if we should be out of the realm), the four barons aforesaid shall refer that matter to the rest of the five and twenty barons, and those five and twenty barons shall, together with the community of the whole realm, distrain and distress us in all possible ways, namely, by seizing our castles, lands, possessions, and in any other way they can, until redress has been obtained as they deem fit, saving harmless our own person, and the persons of our queen and children; and when redress has been obtained, they shall resume their old relations towards us.”

Put simply, Section 61 established a representative group of 25 barons, to be selected as they see fit, who would be tasked with the responsibility of making sure that the promises made by King John when he signed the Charter are kept, even at the point of rebellion against him. This group of 25 “shall be bound with all their might, to observe and hold, and cause to be observed, the peace and liberties we have granted and confirmed to them by this our present Charter.”

In other words, because the King may eventually ignore the promises he made, those who hold the rights and liberties have the right to decide when they’ve violated and then to take any and all steps to make sure that such violation is remedied.

I would argue that inherent in any compact that protects individual rights is the right of those who hold those rights to decide when they’ve been violated and then to take any and all steps to make sure that such violation is remedied.

I would also argue that in any social compact where government power is delegated and powers are reserved, that each party (the one receiving the delegated power and the ones holing the reserved powers) has the right to prevent the other from taking what is legally theirs. This doctrine therefore applies to the Constitution, itself being a social compact.

How did the Magna Carta come about?

II. The History – The Meeting at Runnymede and The Story of King John and the Magna Carta [Constitutional Rights Foundation, 2001. Referenced at: http://www.crf-usa.org/foundations-of-our-constitution/magna-carta.html ]

A. Who Was King John?

Myth and history are intertwined in the England of 800 years ago. We all remember the outlaw, Robin Hood. From his hideout in Sherwood Forest, he and his band of Merry Men preyed on the rich and gave to the poor. Their archenemy was the Sheriff of Nottingham, who took his orders from the sinister Prince John. While Robin Hood never existed, John certainly did. He was the central character in a real life drama that led to a milestone in human liberty: Magna Carta. Prince John’s older brother, Richard, became king of England when their father, Henry II, died in 1189. King Richard I (also called Richard the Lionhearted) spent almost the entire 10 years of his reign away from England. He fought in tournaments, led crusades and waged several wars on the continent of Europe.

Since Richard needed revenue to pay for his adventures, he taxed his subjects heavily. At one point Richard was captured by his enemies and held for ransom (a common practice in feudal Europe). Richard’s tax collectors in England had to raise an enormous sum of money to free him. Despite Richard’s demands, the people back home in England loved him as a conquering hero.

When Richard died in 1199, John became King. Unlike his brother, John tended to stay at home and run his kingdom on a day to day basis. John, however, continued his brother’s harsh tax policy. Because John lacked Richard’s heroic image and charisma, his subjects began to hate him for his constant demands for more tax money

B. King John vs. The Church –

King John made more enemies when he refused to accept the appointment of Stephen Langton as Archbishop of Canterbury, the most important position in the English Catholic Church. By so doing, John challenged the authority of Pope Innocent III in Rome, who punished John by excommunication. John retaliated by taxing the Church in England, confiscating its lands and forcing many priests to leave their parishes.

While King John carried on his dispute with the Pope, powerful English landowners called barons conspired against him. Fuming over John’s heavy taxes and other abuses of power, the barons plotted rebellion. To head them off, King John made an unexpected move.

In 1212, King John agreed to have Stephen Langton become Archbishop of Canterbury. John also promised to compensate the Church for its money and lands. John even went so far as to make England a fief of the Pope. King John still ruled England, but, as John’s liege lord, the Pope gained tremendous prestige throughout Europe. Pope Innocent was delighted and in 1213 ended John’s excommunication. With John now under the protection of the Church, the resentful barons retreated—at least for a while.

C. King John vs. the Barons —

Convinced that his throne was again safe, King John returned to one of his favorite projects. For years he had dreamed to retake possession of lands in France that had once belonged to his ancestors. Once before, John had led a military expedition to France. Although he won a number of battles, John failed to decisively defeat the French king. Now, in 1213, John planned another campaign.

An invasion of France required many soldiers and more money. Under feudal law, a liege lord had the right to call upon his vassals to provide knights or money during times of war. From the English barons, all vassals of King John, he demanded men-at-arms or gold to support his new French war. Many of the barons refused, having little interest in John’s quarrel with the French king. Enraged, King John set out to punish them by attacking their castles.

Early in 1214, he abandoned his domestic quarrels and left with a force of loyal barons and mercenaries (paid soldiers) for France. History repeated itself. John succeeded in winning some battles, but failed to gain control of the disputed lands.

D. The Road to Runnymede —

Soon after returning to English soil in October 1214, King John resumed his demand for money from the rebellious barons. His demands fell on deaf ears. Sensing John’s weakness after his failure in France, the barons began to make their own demands. In January 1215, a group of them appeared before King John asking for a written charter from him confirming ancient liberties granted by earlier kings of England. Evidence suggests that the newly appointed Archbishop Stephen Langton may have encouraged these demands.

John decided to stall for time; he would give the barons an answer later in the spring. In the meantime, John sent letters to enlist the support of Pope Innocent III, and also began to assemble a mercenary army.

In April, the barons presented John with more specific demands. John flatly rejected them. He remarked: “Why do not the barons, with these unjust exactions, ask my kingdom?”

In response, the barons withdrew their allegiance to King John, and started to form their own rebel army. At the head of the rebel forces was Robert FitzWalter, who called himself “Marshal of the army of God and Holy Church.” In an effort to cool things off, John proposed that the Pope settle their differences. With the Pope openly siding with King John, the barons refused. John ordered his sheriffs to crush the rebel barons and they retaliated by occupying London.

A stalemate ensued. The 40 or so rebel barons and their forces held London as well as their own fortified castles throughout England. King John commanded a slightly smaller force of loyalist barons and mercenaries. Unaligned were about 100 barons plus a group of church leaders headed by the ever-present Archbishop Stephen Langton. Langton (who was sympathetic to the rebels if not one himself) began to work for a negotiated settlement to prevent all-out civil war and arranged a meeting to be held at Runnymede, a meadow on the Thames west of London.

E. Meeting at Runnymede —

King John and his supporters, the rebel barons, the neutrals, church leaders and Archbishop Langton all met at Runnymede on June 15, 1215. Actually, the Charter was negotiated at Runnymede between 10 and 15 June 1215, with King John riding down each day from Windsor, and the barons encamped in their tents across the meadows beside the Thames. Significantly, while most of King John’s fighting men were scattered throughout his kingdom, the rebels appeared at full military strength.

Little is known about the details of this historic meeting, but we do know that King John placed his seal of approval on a document called the “Articles of the Barons.” Over the next few days these articles were rewritten, expanded, and put into the legal language of a royal charter. At some point, probably on June 19, King John put his seal on the final draft of what we call today “Magna Carta” or “The Great Charter.” In exchange, the rebellious barons renewed their oath of allegiance to King John, thus ending the immediate threat of civil war.

With the document, the nobles compelled John to execute this recognition of rights for both noblemen and ordinary Englishmen. The Charter begins with Article 1, which, besides asserting that “the English Church shall be free,” also states: “We have also granted to all freemen of our kingdom, for us and our heirs forever, all the underwritten liberties, to be had and held by them and their heirs, of us and our heirs forever.” Besides recognizing the right of the church to be free from governmental interference, the Magna Carta also recognized the rights of all free citizens to own and inherit property and to be protected from excessive taxes through representation in a “common counsel.” It established the principles of due process and equality before the law, the right to a jury of one’s peers, and the right of widows who owned property to choose not to remarry. It also contained provisions forbidding bribery and official misconduct.

And, as mentioned earlier, it included an enforcement provision: Section 61 read: “61. Since, moveover, for God and the amendment of our kingdom and for the better allaying of the quarrel that has arisen between us and our barons, we have granted all these concessions, desirous that they should enjoy them in complete and firm endurance forever, we give and grant to them the underwritten security, namely, that the barons choose five and twenty barons of the kingdom, whomsoever they will, who shall be bound with all their might, to observe and hold, and cause to be observed, the peace and liberties we have granted and confirmed to them by this our present Charter, so that if we, or our justiciar, or our bailiffs or any one of our officers, shall in anything be at fault towards anyone, or shall have broken any one of the articles of this peace or of this security, and the offense be notified to four barons of the foresaid five and twenty, the said four barons shall repair to us (or our justiciar, if we are out of the realm) and, laying the transgression before us, petition to have that transgression redressed without delay. And if we shall not have corrected the transgression (or, in the event of our being out of the realm, if our justiciar shall not have corrected it) within forty days, reckoning from the time it has been intimated to us (or to our justiciar, if we should be out of the realm), the four barons aforesaid shall refer that matter to the rest of the five and twenty barons, and those five and twenty barons shall, together with the community of the whole realm, distrain and distress us in all possible ways, namely, by seizing our castles, lands, possessions, and in any other way they can, until redress has been obtained as they deem fit, saving harmless our own person, and the persons of our queen and children; and when redress has been obtained, they shall resume their old relations towards us.

Tricky to the end, however, King John left off the names of the 25 barons who were to be tasked with the enforcement of the charter’s terms. By doing so, John intended to downplay the enforcement provision and in general hoped the Charter would become no more than a toothless symbol of his generosity to the kingdom.

Magna Carta of 1215 was not really intended to be a list of rights for Englishmen or even the barons themselves. It was more like a contract in which John bound himself to abide by its provisions. The barons only wanted King John to satisfy their complaints against his abusive rule, not overthrow the monarchy. The real significance of this document lies in the basic idea that a ruler, just like everyone else, is subject to the rule of law. When King John agreed to Magna Carta, he admitted that the law was above the king’s will, a revolutionary idea in 1215.

F. Aftermath —

King John surrendered significant power when he agreed to Magna Carta. It is doubtful that he really ever intended to live up to all his promises. Certainly, the barons hoped that its terms would be rigorously enforced. While John did satisfy some of the barons’ personal grievances, he secretly wrote the Pope asking him to cancel Magna Carta on the grounds that he signed it against his will. At the same time he continued to build up his mercenary army. Not trusting John’s intentions, the rebel barons held on to London and maintained their own army.

Pope Innocent III replied favorably to King John’s appeal. He condemned Magna Carta and declared it null and void. By September 1215, King John and his army were roving the countryside attacking the castles of individual barons, but he avoided the rebel stronghold of London. The barons charged that King John had defaulted on his agreement with them and they were justified in removing him from the throne. They offered the throne to the son of the French king, if he would aid their rebellion.

A long and bloody civil war loomed across England, when suddenly, King John died. A round of heavy eating and drinking apparently led to a case of dysentery causing his death on October 18, 1216. Ten days later John’s nine-year-old son, Henry, was crowned as the new king of England. With John out of the way, the conflict gradually ceased. Less than a month after Henry was crowned, his supporters confirmed Magna Carta in his name. This time it received the approval of the Pope.

Magna Carta, carrying with it the idea of “the rule of law,” was reconfirmed a number of times over the next 80 years, becoming a foundation of English law. Eventually, Magna Carta would become the source of important legal concepts found in our American Constitution and Bill of Rights. Among these are the principle of no taxation without representation and the right to a fair trial under law. These foundations of our own constitutional system had their beginnings in a meadow beside a river almost 800 years ago.

III. CONCLUSION

As I hope you all remember from school, the Magna Carta was a crucial turning point in the struggle to establish freedom and recognize individual rights. The ancient laws and customs by which England had been governed, and which had been abused by the King, were enumerated most clearly and explicitly on its parchment. His signature, his assent, was demanded by those who refused to be mistreated any longer by him. These ancient laws and customs, defended strongly by those who believed were not to be transgressed by the King, would eventually be thought of as human rights.

The next recorded milestone in the development of these “human rights” would be the Petition of Right, drafted in 1628 by the English Parliament and sent to Charles I as a statement of civil liberties and a reminder of the obligation of Kings to recognize that the throne is not above the law. (See my recent article “The English Roots of American Liberty,” January 20, 2018)

Winston Churchill once admonished the free world to learn to pronounce the word “No.” Summoning the wisdom of Alexander the Great, Churchill, in the face of Nazi aggression, challenged the free world to muster the courage to tell Hitler “no.” In his famous October 16, 1938, broadcast to the United States and England, termed “The Defense of Freedom and Peace: The Lights are Going Out”, Churchill reflected: “Alexander the Great remarked that the people of Asia were slaves because they had not learned to pronounce the word ‘No.’ Let that not be the epitaph of the English-speaking peoples or of Parliamentary democracy, or of France, or of the many surviving liberal States of Europe.”

If we don’t learn to say “NO,” then it may also become the epitaph of the United States.

It takes courage to stand up against a person or a body having great power. It often comes at some personal sacrifice. Our challenge is to stand up as a people, and as individual States, to the government officials, the government bodies, and yes, even federal judges who are violating, ignoring, eroding, or otherwise re-interpreting the Constitution our Bill of Rights. Each unconstitutional act usurps the powers delegated or reserved to the People and the States. Nature’s Law supersedes man’s law. Every failure to resist the tyranny posed by an unconstitutional act tightens the noose around freedom’s neck.

References:
The Magna Carta – http://www.constitution.org/eng/magnacar.htm

“The Meeting at Runnymede: The Story of King John and Magna Carta,” 2001, Constitutional Rights Foundation, 601 South Kinglsey Drive, Los Angeles, CA 90005. Referenced at: http://www.crf-usa.org/foundations-of-our-constitution/magna-carta.html [Section II, Parts A, B, C, D,, and F are taken directly from this source. Only a part of Section E comes this source].

Diane Rufino, “The English Roots of American Liberty,” For Love of God and Country (Diane’s blog), January 20, 2018. Referenced at: https://forloveofgodandcountry.com/2018/01/24/the-english-roots-of-american-liberty/

Jason K. Allen, “Pronouncing the Word ‘No’: The Most Important Lesson I Learned from Al Mohler,” Jason Kallen’s Blog, Nov. 9, 2015. Referenced at: https://jasonkallen.com/2015/11/pronouncing-the-word-no/

QUESTION: Was – Is – Secession Legal?

SECESSION - Map of North America after Confederacy was formed

by Diane Rufino, but based in large part on Leonard “Mike” Scruggs book THE UN-CIVIL WAR, January 19. 2018

On July 4, 1776, thirteen British colonies announced their secession from Great Britain and declared to the world their just reasons: “When in the course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the Earth the separate and equal station to which the Laws of Nature and Nature’s God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to separate.” (paragraph 1 of the Declaration of Independence)

The Declaration of Independence (second paragraph) goes on to say: “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. –That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed. –That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness….”

The Declaration then goes o to list numerous grievances against the British Crown and Parliament. Most of these have to do with the British Crown and Parliament usurping the powers of the colonial legislatures, but mention is made of the King keeping troops among the colonists in times of peace, quartering British troops, cutting off colonial trade with the rest of the world, taxing the colonists without their consent (representation), depriving colonists the benefits of trial by jury, arbitrarily dissolving colonial charters, inciting insurrection against the colonies (including among the unfriendly Indian tribes), and more. (Ironically, the one thing not mentioned among the list of 27 grievances was the disarming of the colonists and confiscation of their arms and ammunition – the one thing that inspired Patrick Henry to submit resolutions he’d written to the Virginia colonial legislature to build and train a militia from each county; “They tell us, sir, that we are weak; unable to cope with so formidable an adversary. But when shall we be stronger? Will it be the next week, or the next year? Will it be when we are totally disarmed, and when a British guard shall be stationed in every house? Shall we gather strength by irresolution and inaction? Shall we acquire the means of effectual resistance by lying supinely on our backs and hugging the delusive phantom of hope, until our enemies shall have bound us hand and foot?….. The war is inevitable–and let it come! I repeat it, sir, let it come. The war has actually begun. The next gale that sweeps from the north will bring to our ears the clash of resounding arms. Our brethren are already in the field. Why stand we here idle? What is it that gentlemen wish? What would they have? Is life so dear, or peace so sweet, as to be purchased at the price of chains and slavery?  I know not what course others may take; but as for me, give me liberty or give me death!”)  After the listing of the specific grievances, the Declaration emphasized that neither the King nor Parliament would listen to their complaints and pleas for relief. “In every stage of these Oppressions We have Petitioned for Redress in the most humble terms: Our repeated Petitions have been answered only by repeated injury. A Prince whose character is thus marked by every act which may define a Tyrant, is unfit to be the ruler of a free people.”

In the closing paragraph, the signers declare that the colonies are “Free and Independent States.” This paragraph also contains the words “appealing to the Supreme Judge of the World” and “with firm Reliance on the Protection of divine Providence.”  Note that the United States of America were not formed into a single national state, but a confederation of independent and sovereign states.

Previous to the Declaration of Independence, both North Carolina (May 20, 1775) and Virginia (early 1776) had already declared their independence from Great Britain. North Carolina took the lead in calling for independence from Great Britain, and her state flag reflects the two historic dates on which she did so – May 20, 1775 and April 12, 1776. On May 20, 1775, a Charlotte government committee drafted the Mecklenburg Resolves which declared the residents of Mecklenburg County, NC independent of Great Britain:

Resolved, That we the citizens of Mecklenburg county, do hereby dissolve the political bands which have connected us to the Mother Country, and hereby absolve ourselves from all allegiance to the British Crown, and abjure all political connection, contract, or association, with that nation, who have wantonly trampled on our rights and liberties — and inhumanly shed the innocent blood of American patriots at Lexington.

Resolved, That we do hereby declare ourselves a free and independent people, are, and of right ought to be, a sovereign and self–governing Association, under the control of no power other than that of our God and the General Government of the Congress; to the maintenance of which independence, we solemnly pledge to each other, our mutual co-operation, our lives, our fortunes, and our most sacred honor.

Resolved, That as we now acknowledge the existence and control of no law or legal officer, civil or military, within this country, we do hereby ordain and adopt, as a rule of life, all, each and every of our former laws, wherein, nevertheless, the Crown of Great Britain never can be considered as holding rights, privileges, immunities, or authority therein.

On May 31, the Committee put the document in final form and adopted it. The updated document announced that all the colonies were independent of Great Britain:  “Whereas by an Address presented to his Majesty by both Houses of Parliament in February last, the American Colonies are declared to be in a State of actual Rebellion, we conceive that all Laws and Commissions confirmed by, or derived from the Authority of the King or Parliament, are annulled and vacated, and the former civil Constitution of these Colonies for the present wholly suspended. To provide in some Degree for the Exigencies of the County in the present alarming Period, we deem it proper and necessary to pass the following Resolves:  (1) That all Commissions, civil and military, heretofore granted by the Crown, to be exercised in these Colonies, are null and void, and the Constitution of each particular Colony wholly suspended……….”

The Resolves were delivered to the North Carolina delegation meeting at the Continental Congress with the hope that the entire Congress would vote and adopt it. The Congress felt the time was not right and did not take the matter up.

On April 12, 1776, the Fourth Provincial Congress, meeting in Halifax County, adopted the “Halifax Resolves,” which gave North Carolina’s delegates to the Continental Congress the authority to vote for independence. It was the first state to give such authority to its delegates.

On May 4, 1776, the colony of Rhode Island declared herself independent of Great Britain, and in late May – June, the Fifth Virginia Convention passed a series of resolutions rejecting all aspects of British authority and establishing a new form of independent government for the Commonwealth of Virginia. Richard Henry Lee, of Virginia, then urged the Continental Congress to follow Virginia’s (and North Carolina’s) lead.

On June 7, 1776, Lee introduced a resolution (the Lee Resolution) to the Second Continental Congress in Philadelphia declaring independence, and John Adams seconded the motion.

Lee’s resolution declared “That these United Colonies are, and of right out to be, free and independent States, that they are absolved from all allegiance to the British Crown, and that all political connection between them and the State of Great Britain is, and ought to be, totally dissolved; that measures should be immediately taken for procuring the assistance of foreign powers, and a Confederation be formed to bind the colonies more closely together.”

The Continental Congress adopted the resolution, finally declaring independence for the 13 colonies, on July 2, but this day has been largely forgotten in favor of July 4, when the “formal” Declaration of Independence, written by Thomas Jefferson, was adopted.

Clearly, the idea that a people could separate from a government that did not serve them, or in the worst case, had become tyrannical and abusive, was something the colonists believed was a natural right.

The right of self-determination for people seeking independence is firmly established in international law. With US backing, Panama seceded from Columbia in 1903. Norway seceded from Sweden in 1905. In the United States, the right of self-determination and therefore secession is supported by the precedence of the Declaration of Independence which declared our own secession from Great Britain.

While the Declaration of Independence is of immense importance as a founding document, it is the Constitution of 1787 and the Bill of Rights ratified in 1791 that are the official founding documents. The Constitution was made official by the approval of the people of each state acting independently in convention, not by the people of the United States in general. Nor did these states surrender their sovereignty to the United States. Only limited government powers were delegated to the Federal Government and every state reserved the right to withdraw these powers. In fact, three states – Rhode Island, Virginia, and New York – specifically stated in their ratifications that they reserved the right to withdraw. Other states had less strongly-worded reservations, but no state would have ratified the Constitution if they believed that in doing so they would be surrendering their newly-won independence.

When New York delegates met on July 26, 1788, their ratification document read, “That the Powers of Government may be resumed by the People, whensoever it shall become necessary to their Happiness; that every Power, Jurisdiction and right which is not by the said Constitution clearly delegated to the Congress of the United States, or the departments of the government thereof, remains to the People of the several States, or to their respective State Governments to whom they may have granted the same.”

On May 29, 1790, the Rhode Island delegates made a similar claim in their ratification document. “That the powers of government may be resumed by the people, whensoever it shall become necessary to their happiness: That the rights of the States respectively to nominate and appoint all State Officers, and every other power, jurisdiction and right, which is not by the said constitution clearly delegated to the Congress of the United States or to the departments of government thereof, remain to the people of the several states, or their respective State Governments to whom they may have granted the same.”

On June 26, 1788, Virginia’s elected delegates met to ratify the Constitution. In their ratification document, they said, “The People of Virginia declare and make known that the powers granted under the Constitution being derived from the People of the United States may be resumed by them whensoever the same shall be perverted to their injury or oppression and that every power not granted thereby remains with them and at their will.”

As demonstrated by the ratification documents of New York, Rhode Island and Virginia, they made it explicit that if the federal government perverted the delegated rights, they had the right to resume those rights. In fact, when the Union was being formed, where the states created the federal government, every state thought they had a right to secede, otherwise there would not have been a Union.

It was to guarantee the sovereignty of the states that the Ninth and Tenth Amendments were added to the Bill of Rights. The Tenth Amendment is a particularly straightforward restatement of the federal nature of the government established by the Constitution: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”

Since the Constitution was ratified by sovereign states who desired to retain their sovereignty, the document is classified as a social compact. In essence, it is a contract and thereby its legality is guided by contract law, one of the oldest areas of law. The Constitution is a compact – a contract – between the individual sovereign states, which are the parties, to create the federal government (the creature, or if likening the compact to agency law, the government would be the agent) in order to carry out certain common functions for the states in order that the Union itself could be successful. In the case of Chisholm v. State of Georgia (1793), the Supreme Court expressly declared that the US Constitution is a compact. The right of withdrawal or secession is inherent in the basic document (ie, the right of secession “supersedes” the Constitution) and the Ninth and Tenth Amendments further establish it as a right retained or reserved to each state. It is the option of each state, not the federal government (merely the creature or agent), as to whether it shall remain in the Union or whether it will withdraw. The right of secession was almost universally accepted until Lincoln came up with a new theory of the Constitution – based on a treatise on the Constitution, Commentaries on the Constitution of the United States, written in 1833 by then Supreme Court associate Justice Joseph Story. [It should be noted that Story’s treatise was highly criticized by leading constitutional experts of the day – including Henry St. George Tucker, Sr., John Randolph Tucker, Abel Parker Upshur, James Kent, and John C. Calhoun. Calhoun was revered as an expert on the Constitution and perhaps even more “Jeffersonian” than Jefferson himself.]

New Hampshire’s constitution of 1792 contains very strong words reserving its sovereign powers as a state. In 1798, Thomas Jefferson and James Madison circulated the Kentucky and Virginia Resolutions among the states. These resolutions strongly supported the Doctrine of States Rights and thus also the right of secession. Together these resolutions became known as the “Principles of ’98.”

The Kentucky Resolution, the work of Thomas Jefferson, asserted States’ Rights in very strong terms: “If those who administer the general government be permitted to transgress the limits fixed by that compact, by a total disregard to the special delegations of power therein contained, annihilation of the state governments, and the erection upon their ruins, of a general consolidated government, will be the inevitable consequence: That the principle and construction contended for by sundry of the state legislatures, that the general government is the exclusive judge of the extent of the powers delegated to it, stop nothing short of despotism; since the discretion of those who administer the government, and not the constitution, would be the measure of their powers: That the several states who formed that instrument, being sovereign and independent, have the unquestionable right to judge of its infraction; and that a Nullification, by those sovereignties, of all unauthorized acts done under color of that instrument, is the rightful remedy….”  (Kentucky Resolutions or Kentucky Resolves of 1799)

The Virginia Resolution, the work of James Madison, asserted States Rights also in very strong terms; perhaps stronger: “That this Assembly doth explicitly and peremptorily declare, that it views the powers of the federal government, as resulting from the compact, to which the states are parties; as limited by the plain sense and intention of the instrument constituting the compact; as no further valid that they are authorized by the grants enumerated in that compact; and that in case of a deliberate, palpable, and dangerous exercise of other powers, not granted by the said compact, the states who are parties thereto, have the right, and are in duty bound, to Interpose for arresting the progress of the evil, and for maintaining within their respective limits, the authorities, rights and liberties appertaining to them.”  (Virginia Resolutions or Virginia Resolves of 1798)

The doctrines of Nullification, Interposition, and Secession are all rights reserved to the states under Natural Law (the Law of Nature and God’s Law) and by the US Constitution (both implicitly by the limited nature of the delegations of power to the federal government, and expressly by the Tenth Amendment). Furthermore, they are remedies available under contract theory (compact law).

None of the states disagreed with the “Principles of ‘98” (which, by the way, were articulated to resist the unconstitutional Alien & Sedition Acts, signed into law by President John Adams, which were gross violations of several of the Bill of Rights, but most notably the First Amendment).

The New England states threatened secession on five occasions: (1) In 1803 because they feared the Louisiana Purchase would dilute their political power; (2) In 1807 because the Embargo Act was unfavorable to their commerce; (3) In 1812, over the admission of Louisiana as a state; (4) In 1814 (the Hartford Convention) because of the War of 1812; and (5) In 1814, over the annexation of Texas (which had seceded from Mexico). Additionally, many New England abolitionists favored secession because the Constitution allowed slavery.  From 1803 to 1845, anytime that New England felt that their political power or commercial power might suffer, they threatened secession. Yet when the Southern states did the same, a war was initiated to force them to remain in the Union against their wishes.

As early as 1825, the right of secession was taught at West Point. William Rawle’s View of the Constitution, which was used as a text at West Point in 1825 and 1826 (and thereafter as a reference), specifically taught that secession was a right of each state. Rawle was a friend of both George Washington and Benjamin Franklin and his 1825 text was highly respected and used at many colleges. A subsequent text by James Kent maintained the same position and was used at West Point until the end of the war in 1865. Several Union and Confederate generals were at West Point during the time Rawle’s text was used. Rawle even spelled out the procedure for a state to secede, explaining: “The secession of a state from the Union depends on the will of the people of each state. The people alone… hold the power to alter their Constitution.”

The right of secession was very well-stated by none other than Congressman Abraham Lincoln himself in 1848: “Any people anywhere, being inclined and having the power, have the right to rise up and shake off the existing government and form a new one that suits them better. This is a most valuable and most sacred right, a right which we hope and believe is to liberate the world.”

That same year, Lincoln further stated: “Any people that can may revolutionized and make their own of so much territory as they inhabit.”

But in 1861, Lincoln adopted a view of secession more expedient to holding the Southern states in the Union against their will. He discovered the theory that Supreme Court associate Justice Joseph Story concocted in his 1833 Commentaries on the Constitution of the United States, asserting that there was an American nation in the minds of the people before the States were formed. This humbuggery had been strengthened by Daniel Webster’s eloquent but disingenuous and speeches to Congress, claiming that the Constitution was not a compact.

So, Lincoln characterized the orderly, democratic Secession Conventions of South Carolina and the Gulf States, conducted in accordance with Rawle’s treatise on the Constitution, and carried out step-by-step in the same manner as the states when they declared their independence from Great Britain and formed the United States of America, as a rebellion perpetrated by a small minority and proceeded on a path that every member of his Cabinet meant war.

As to the question of whether Secession is legal today, the answer is yes. Again, the right is an inherent and natural right, seared into our history by example (secession from Great Britain), implied by the very limited nature of the general government created by the Constitution and the limited powers delegated to it under that document, and expressly reserved to the states by the Tenth Amendment.  Lincoln’s government may have waged a war to somehow reclassify the nature of the conduct of the Southern states in 1860-61 (“rebellion” rather than secession) in order to force those states back into the Union, but its actions cannot change the fact that those states exercised a natural and inherent sovereign right. The Constitution was never amended to prohibit that right to a State and despite attempts to judicially remove it, as well requiring the Southern states to include such a prohibition in their amended state constitutions (in order for them to be “re-admitted” to the Union that Lincoln said they never left), such actions are merely exercises in futility; they are extra-constitutional actions that lack authority or power of enforcement. The right of a people of self-determination, as it applies to government, can never be legislated, decreed, or written away. It is an inalienable right, having its place among the other Laws of Nature and among God’s Law.

***  For an in-depth discussion on the topic of Social Compact, why the US Constitution is, in fact, a social compact, and the remedies naturally available to the parties of a compact (which in our case are the individual states), including the remedy of secession, please read by article “The Social Compact and Our Constitutional Republic,” which is the article preceding this one.

BOOK - The Un-Civil War (Mike Scruggs)

— This article is based, in good part, on Leonard “Mike” Scrugg’s book: THE UN-CIVIL WAR: SHATTERING THE HISTORICAL MYTHS (Chapter 6, Constitutional Issues and the Un-Civil War). The purpose of this article and the reason for relying so heavily on Mr. Scruggs’ book is to get the reader interested not only in the topic at hand but also to be motivated to purchase and read his most excellent book in its entirety and then to share the information with others!

References:

Leonard “Mike” Scrugg’s, THE UN-CIVIL WAR: SHATTERING THE HISTORICAL MYTHS (Chapter 6, Constitutional Issues and the Un-Civil War), 2011, Universal Media (Asheville, NC).

Walter Williams, “States Have a Historical Right to Secede,” Columbia Tribune, April 25, 2009. Referenced at: http://www.columbiatribune.com/02023ee6-5191-5fd7-85a8-b533bfab9c2e.html [The section on the Rhode Island, Virginia, and New York Resumption Clauses – included at the time that these states adopted the US Constitution – is taken entirely from Mr. Williams’ article]