I wrote this for our Pierce County, WI newspaper.
When responding to a recent petition to “peacefully secede”, signed by 127,000 Texans, the Obama administration quoted from a speech by President Lincoln, who quoted Andrew Jackson, who quoted Daniel Webster. Their response was that we exist in “a perpetual union” so Texas has no right to secede. Has the president, a “Constitutional scholar and Ivy League professor” been afflicted by amnesia?
Although the Articles of Confederation, which preceded the Constitution, called the union “perpetual”, neither the Constitution, nor any writings by the framers and signers, contain the phrase “perpetual union”. Why would this administration refer to a speech, from almost a century after ratification of the Constitution, instead of referring to the law itself? They have an agenda which breeches constitutional limitation, designed to preserve our individual freedom.
Article VII proclaimed “The ratification of the conventions of nine states shall be sufficient for the establishment of this Constitution between the States so ratifying the same”. Plainly the Constitution agreed to by the delegates in Philadelphia and, ultimately the ratifiers in each of the States, was a “Constitution” (contract, agreement, or compact) “between the States so ratifying the same”. It was not a Constitution among the people, but a limited compact between the States and the federal government.
Contract law is a body of law as old as the Anglo-American division of law and equity. If two parties enter into a contract, whereby each party agrees to perform a particular task, and one of the parties fails to perform as promised, or breaches the contract, the other party may seek certain remedies that Anglo-American law has historically provided. One of those remedies, to a breach of contract, is “rescission “or annulment of the contract. The States have the right to nullify bad Federal legislation and to rescind a breeched contract, which is the Constitution, and secede from the union.
We here in Texas believe you are correct and many of us are attempting to do just that.
The federal government has been in viloation of that contract for way too long. We believe that the union itself is too corrupt and too far gone to be healed.
"That whenever any form of Government becomes destructive of these ends, (life liberty and the pursuit of happiness) It is the right of the people to alter or abolish it"
If Texans cant, then the entire foundation of this nation is a lie. We would still be brits
Thanks for the reply Windwalker.
I, and many other liberty-loving folks are watching Texas closely. In several other states there are counties who want to secede from their state.
Many citizens are just fed up with the trampling of their rights. A national discussion of nullification, Article 5 Amendment convention, and secession is gaining more attention.
Here, in Wisconsin, we have much work to do. Scott
July 9, 1868
The 14th Amendment was ratified. This amendment codified into
law what Lincoln had forced at bayonet point. Until then, people were only deemed
citizens of their respective states. The Constitution nowhere referred to people as "US
citizens." It only recognized "the Citizens of each State." Notice also that citizenship was
only recognized among the "several States," not among people living in non-State
territories. Until the 14th Amendment, people were "Citizens of each State." (Article. IV.
Section. 2. Paragraph. 1.) The 14th Amendment created a whole new class of persons:
"citizens of the United States." This false notion of "one nation" overturned the
Jeffersonian principle that our nation was a confederated republic, a voluntary union of
Thanks for the reply John,
I grew up in Chicago, in "The Land of Lincoln", where never was heard a negative word, about old "Honest Abe"! But when I was old enough to use critical thinking skills, I questioned if what we lost in lives and rights was really worth the war effort. Considering where we find ourselves today, where a mention of "states rights" brings charges of "racism", I know that it was a great step toward tyranny.
There is a national debate about nullification, Article 5 Amendment convention, and secession, which seems to be gaining attention. The Tenth Amendment Center and Convention of the States/Citizens for Self-governance are a couple of groups who teach and equip those interested in fighting back.