legal or illegal?
“The rights of Louisiana as a sovereign state are those of Virginia; no more, no less. Let those who deny her right to resume delegated powers, successfully refute the claim of Virginia to the same right, in spite of her expressed reservation made and notified to her sister states when she consented to enter the Union.” Senator Judah P. Benjamin of Louisiana, February 5, 1861.
Consider this. When the Union forced the Confederate forces to surrender at Appomattox, they insisted that these states ALSO surrender their right to secede from the Union. Therefore, it can be stated that the USG admitted that the Confederate States DID have that right in the first place because how can they (or we) surrender a right, unless they/we had the right to secede in the first place? Moreover, the North held Confederate President Jefferson for two years in Fort Monroe on charges of treason but they finally dismissed the charges and freed him. Why? Because they knew that if they brought this to trial, that it would be clear that the Southern states had ALL seceded from the Union through the convention process, elected by a sovereign people, in a sovereign state, in order to decide whether or not to secede and that the North wrongfully acted to prevent it! If you join a club voluntarily, do you not have the right to leave that club if you want or are you bound to remain a member forever?
“What would have been the point of the foregoing proposed amendments to the Constitution of the United States prohibiting or limiting the right of secession if under the Constitution the unfettered right of secession did not already exist? Why would Congress have even considered proposed amendments to the Constitution forbidding or restricting the right of secession if any such right was already prohibited, limited or non-existent under the Constitution? Chief Justice John Marshall, in Gibbons v. Ogden. He also stated, that “limitations of a power furnish a strong argument in favor of the existence of that power [secession].”
Consider this: “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 a new government.” Thus it is very clear that the right of secession IS legal as this comes from the Declaration of Independence, and in the writings of both John Locke and Thomas Jefferson! In addition, the very man who led the war against the Confederacy stated 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.” Abraham Lincoln. Isn’t that the belief of Obama, Hillary, Susan Rice, and Samantha Power as they meddled in the affairs of Egypt and Libya? Does it only work for them overseas yet somehow nullfies itself when the very idea reaches America?
Our government no longer suits many states who find themselves supporting welfare states like New York and who find themselves under onerous regulations enforced by illegal agencies like the EPA, written by unelected clowns like Cass Sunstein, who work to enforce an illegal agenda keeping Sovereign States from prospering and developing their resources as THEY see fit. For example, the EPA closes down coal mines and power plants, putting Americans out of work and forcing them to pay higher utility costs all in the name of a Marxist agenda that fits the ideology of the Tyrant-in-Chief. Moreover, Obama, the venture capitalist illegally uses tax money to pick winners in green energy, who turn out to be losers, with the result being that money is laundered back to his campaign.
There is nothing in the U.S. Constitution that either recognizes or denies the right of secession but the very nature of the Constitution is that it was ratified by states with the understanding that it was the voluntary consent of sovereign states to be governed by a central government, for the benefit of all, and if that is true, then a state can voluntarily withdraw its consent to be a part of the Union that no longer is beneficial to said State(s). In America, we believe that the laws should rule the government, not the people, and that the government is the servant of the people, yet today, in America, it is the other way around. In fact, Obama and his ilk rail against the “balance of power” between three separate but equal branches and bypass them at every turn but Founder knew that this was the best way to ward off “democratic” mob rule and the excesses of a King or Queen.
“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 choose to withdraw from the compact, 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 right.” Alexis de Tocqueville
Consider what the South faced prior to secession: The South paid taxes (tariffs) and much of the money went to the the Northern States, much like we face today with our taxes going to parasites and welfare pigs who have 16 brats from three different men and says that WE need to pay for it or a minimum wage turd having THIRTY kids from different ghetto pigs and who can’t support any of them, thus, WE DO! Or paying for the health insurance of those to lazy or unwilling to pay for their own! And we are sick of 47% of the population NOT paying ANY income tax. Indeed, the North sent abolitionists into the South to encourage the slaves to rise up and kill, rape, and maim their way to freedom! How often do we hear of Eric Holder’s buddies in the New Black Panther Party calling for whitey to be murdered and the agents of the DOJ who do nothing about it! Or vermin like Jesse Jackson or Al Sharpton coming into sovereign states like Florida in order to gin up racial violence, i.e., Trayvon Martin. And the Federal Government not only ignores it, they endorse it, i.e., “Holder refuses to prosecute because they are “his people,” and Obama himself attending the racist church of hate under Reverend Wright, for 20 years! Moreover, the Federal Government attacked and murdered American citizens at Ruby River and Waco and never prosecuted one single agent for it. Currently, we have TSA agents abusing the Fourth and Fifth Amendments of Americans in airports, and random stops by them at bus stations and traffic stops. Abuses by the Federal Government? We have plenty to list.
In reading about the ratification of the US Constitution it is very clear that Founders tried to design a Union and Constitution that was so beneficial to both the State(s) and Federal Government that no state would ever want to leave it yet and thus, there was no need to put in anything into the Constitution allowing or denying the right to secede from the Union. However, if the mutual benefit ceased to exist, and it does under an oppressive Federal Government today, so corrupt as to impose the Obama Tax, formerly known as ObamaKare, on us, while exempting not only themselves (Congress) but also the friends of Congress, i.e., unions and various donors, then secession is just! John Locke wrote: “If (the people) choose to indulge a part of their sovereign power to be exercised by the state government, they may. If they have done it, the states were right in exercising it; but if they think it no longer safe or convenient they will resume it, or make a new distribution, more likely to be productive of that good which ought to be our constant aim.” In other words, when the contract ain’t working for all parties, it is time to either renegotiate it, go their separate ways, or create a new deal.
In conclusion, the right to secede from the Union is just and legal, if the charter between the sovereign states and the Federal Government has been rendered null and void, as Obama has done over and over again. Who can deny that Obama has trampled on the Constitution to the point where it outrages a whopping majority of Americans. The Constitution is not an eternal committment to remain in the Union and both the “nature” of the Constitution and the DOI bear this out:
“The federal government, then, appears to be the organ through which the united republics communicate with foreign nations, and with each other. Their submission to its operation is voluntary: its councils, its sovereignty is an emanation from theirs, not a flame by which they have been consumed, nor a vortex in which they are swallowed up. Each is still a perfect state, still sovereign, still independent, and still capable, should the occasion require, to resume the exercise of its functions, as such, in the most unlimited extent.” Blackstone’s Commentaries
“The Foundations and Meaning of Secession,” by Mr. H. Newcomb Morse, in the Stetson Law Review, a publication of the Stetson University College of Law.
St. George Tucker, “View of the Constitution of the United States.