1. The Constitution does not prohibit secession. The legal argument boils down to this: 1. The Constitution does not mention secession. In any way. 2. The Tenth Amendment says: “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.” Now I don’t have a Ph.D. in logic, but even I can figure out that if something is not mentioned, then, according to the 10th Amendment, it isn’t prohibited to the states. In fact, it is the opposite of prohibited. Now I know that the Supreme Court says no secession allowed, which means the federal government has declared that you can’t escape the federal government. Gee, that’s no shocker. So, sure, if you believe that the federal government should be the last word on what the federal government can and cannot do, then that’s fine. Just don’t pretend that we have constitutional government. If the federal government gets to decide what the Constitution says, then the Constitution is nothing more than a suggestion box for the feds.
2. The Civil War did not “settle” the issue. Well, it settled the issue in the way that I settled the matter of ownership of that Steve Garvey baseball card when I beat up that other kid and took it. (OK, that never happened, but you get my point.) Secession was never settled beyond the federal government’s assertion that it has the right to kill people who try to exercise their rights protected by the Tenth Amendment.
3. Secession is treason/unAmerican/craaaazy/for slavers only. Prior to the confederacy, there were some slaveowners who got together and seceded from their government. They were called Thomas Jefferson and George Washington. If you’re opposed to the secession of 1776, then that’s fine, you might be consistent on this issue, but if you’re one of these right-wing pundits who thinks the Declaration of Independence should be read aloud every July 4, and then says that secession is nutso, you might try actually reading that document you profess to love.
The Declaration makes a simple argument:
1. Humans have rights from the Creator
2. Governments exist to secure those rights (a debatable assertion but we’ll roll with it.)
3. When the government fails to secure those rights, we can ditch it and start our own government.
That’s pretty much all it says. If you thought that was true in 1776, when tax rates were 1% and there was no such thing as a the EPA or the FBI or the IRS, why is it not true now? Because we’re so much more free now? And, no, the Declaration did not say that the government is free to violate rights as long as people get to vote on it.
The Declaration establishes that there’s no such thing as treason, and a free government requires the assumption of just secession.
Thus the whole Revolution [of 17751783] turned upon, asserted, and, in theory, established, the right of each and every man, at his discretion, to release himself from the support of the government under which he had lived. And this principle was asserted, not as a right peculiar to themselves, or to that time, or as applicable only to the government then existing; but as a universal right of all men, at all times, and under all circumstances
Absolutely and well said! Exactly! Well done.
To agree with your main point about our own Independence -
It was illegal and high treason to rebel against the lawful, legal authority of the Crown of England under King George III and to defy his edicts and laws.
It was an even greater act of sedition and treason to suggest that the Colonies were of right, ought to be free and independent states from the Crown. We would define that today as secession. The Founders seceded from the Union established with England for over 150 years before July 2nd 1776.
It was settled by our Founders who took a risk of death for treason to declare that the Crown no longer had any legal authority over them. Once the legal authority was imposing tyranny and usurping the rights of liberty granted by God, the prince no longer had authority under God to rule over a free people.
Once the State/Crown - made itself higher than Gods Laws, then the people are no longer obligated to submit to such authority - and have, by right the duty to throw off such government and secure new guards for their liberty.
Secession is what our Founders initiated. It was a risk with a low chance of success - but it was decided by enough Godly and principled men that liberty was more important than life in chains and risked death to secure Gods authority as sovereign over their lives.
So why should we be any different just because the federal tyranny says, like the King of England, that Independence from their rule and authority is treason and unlawful?
If we would die free men, then their courts, congress and His Heinous Obama - have no power over us that we who are under the Law of Natures God, are required to submit to.
All they have is the ability to impose their tyranny by brute force and punishment. If we submit to such authority then we have broken the First Commandment and the Lord of Hosts is no longer our Sovereign.
If the Creator is our Sovereign - then we have as a duty to refuse, resist and not comply with those acts of tyranny being imposed by the threat of force.
If the Chinese invaded and put a gun to your head and said submit to us or else! would you cower - or resist? There is NO DIFFERENCE between a foreign enemy that would put a gun to your head and that of your family while confiscating your property - and the Domestic federal enemy who is doing the same damn thing.
They have no power over a free people except that which the people willingly surrender to them. Their laws, orders, decrees and rules are no longer of any authority over a people they intend to subjugate.
Do not comply. Refuse. Resist. Die free.
And that is what it may come to.
The Constitution is a contract (between the sovereign states and the Federal government). The nature of the Constitution has been altered so much in the last hundred years that the Federal government has breached the contract. On that basis, each individual state (or portion thereof) should be able to declare the contract “null and void” and to establish [a] new contract or contracts.
“3. Secession is treason/unAmerican/craaaazy/for slavers only. Prior to the confederacy, there were some slaveowners who got together and seceded from their government. They were called Thomas Jefferson and George Washington. If youre opposed to the secession of 1776, then thats fine, you might be consistent on this issue, but if youre one of these right-wing pundits who thinks the Declaration of Independence should be read aloud every July 4, and then says that secession is nutso, you might try actually reading that document you profess to love.”
Yeah, what is with those guys?
They wanted us to read everything from the founding fathers and oddly forget why they were FOUNDING FATHERS!
And the stuff they broke from England over were about 90% questionable and 5% made up.
And none of it compares to the many legit reasons Texas and others want to split.
If no secession is allowed, then the state of West Virginia should not exist as the Constitution specifically prohibits the forming of a state from within the boundaries of another state.