A Resolution of Secession

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In Convention, __________ 20__.

The Declaration of the people of the State of _______________.

It has become necessary for the people of _______________ to dissolve the political bands which have connected them with the United States of America, and to assume the separate and equal status of an independent nation. A decent respect for the opinions of mankind requires that the people of _______________ should declare the causes which impel them to the separation, and explain its legality.

The Constitution is a contract — a compact in the language of the Framers. The parties to the compact are not only the States but also the central government.

It was  by the grace of nine States that the Constitution became effective in 1789. Those nine States voluntarily created the central government and, at the same time, voluntarily ceded to it certain specified and limited powers. The States and their people were given to understand that, in return for the powers granted it, the central government would exercise those powers for the benefit of the States and their people. Every State subsequently admitted to the union has ascribed to the Constitution with the same understanding as the nine States whose ratification effected it.

Lest there be any question about the status of the Constitution as a compact, we turn to James Madison, who is often called the Father of the Constitution. Madison, in a letter to Daniel Webster dated March 15, 1833, addresses

the question whether the Constitution of the U.S. was formed by the people or by the States, now under a theoretic discussion by animated partizans.

Madison continues:

It is fortunate when disputed theories, can be decided by undisputed facts. And here the undisputed fact is, that the Constitution was made by the people, but as imbodied into the several states, who were parties to it and therefore made by the States in their highest authoritative capacity.

Moving closer in time to the ratification of the Constitution, this is from Madison’s report on the Virginia Resolutions of 1798, a report that was adopted by the General Assembly of Virginia in 1800:

The third resolution is in the words following:–

“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 that compact–as no further valid than 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.”…

The resolution declares, first, that “it views the powers of the federal government as resulting from the compact to which the states are parties;” in other words, that the federal powers are derived from the Constitution; and that the Constitution is a compact to which the states are parties….

The other position involved in this branch of the resolution, namely, “that the states are parties to the Constitution,” or compact, is, in the judgment of the committee, equally free from objection…. [I]n that sense the Constitution was submitted to the “states;” in that sense the “states” ratified it; and in that sense of the term “states,” they are consequently parties to the compact from which the powers of the federal government result. . . .

. . . The Constitution of the United States was formed by the sanction of the states, given by each in its sovereign capacity.

Finally, in The Federalist No. 39, which informed the debates in the various States about ratification,  Madison says that

the Constitution is to be founded on the assent and ratification of the people of America, given by deputies elected for the special purpose; but, on the other, that this assent and ratification is to be given by the people, not as individuals composing one entire nation, but as composing the distinct and independent States to which they respectively belong. It is to be the assent and ratification of the several States, derived from the supreme authority in each State, the authority of the people themselves. . . .

That it will be a federal and not a national act, as these terms are understood by the objectors; the act of the people, as forming so many independent States, not as forming one aggregate nation, is obvious from this single consideration, that it is to result neither from the decision of a majority of the people of the Union, nor from that of a majority of the States. It must result from the unanimous assent of the several States that are parties to it, differing no otherwise from their ordinary assent than in its being expressed, not by the legislative authority, but by that of the people themselves. Were the people regarded in this transaction as forming one nation, the will of the majority of the whole people of the United States would bind the minority, in the same manner as the majority in each State must bind the minority; and the will of the majority must be determined either by a comparison of the individual votes, or by considering the will of the majority of the States as evidence of the will of a majority of the people of the United States. Neither of these rules have been adopted. Each State, in ratifying the Constitution, is considered as a sovereign body, independent of all others, and only to be bound by its own voluntary act.

Madison leaves no doubt about the continued sovereignty of each State and its people. The remaining question is this: On what grounds, if any, may a State withdraw from the compact into which it entered voluntarily?

There is a judicial myth — articulated by a majority of the United States Supreme Court in Texas v. White (1869) — that States may not withdraw from the compact because the union of States is perpetual:

The Union of the States never was a purely artificial and arbitrary relation. It began among the Colonies, and grew out of common origin, mutual sympathies, kindred principles, similar interests, and geographical relations. It was confirmed and strengthened by the necessities of war, and received definite form and character and sanction from the Articles of Confederation. By these, the Union was solemnly declared to “be perpetual.” And when these Articles were found to be inadequate to the exigencies of the country, the Constitution was ordained “to form a more perfect Union.” It is difficult to convey the idea of indissoluble unity more clearly than by these words. What can be indissoluble if a perpetual Union, made more perfect, is not?

The Court’s reasoning is born of mysticism, not legality. Similar reasoning might have been used — and was used — to assert that the Colonies were inseparable from Great Britain. And yet, some of the people of the Colonies put an end to the union of the Colonies and Great Britain, on the moral principle that the Colonies were not obliged to remain in an abusive relationship. That moral principle is all the more compelling in the case of the union known as the United States, which — mysticism aside — is nothing more than the creature of the States, as authorized by the people thereof.

In fact, the Constitution supplanted the Articles of Confederation and Perpetual Union, by the will of only nine of the thirteen States. Madison says this in The Federalist No. 43 regarding that event:

On what principle the Confederation, which stands in the solemn form of a compact among the States, can be superseded without the unanimous consent of the parties to it? . . .

The . . . question is answered at once by recurring to the absolute necessity of the case; to the great principle of self-preservation; to the transcendent law of nature and of nature’s God, which declares that the safety and happiness of society are the objects at which all political institutions aim, and to which all such institutions must be sacrificed.

Moreover, in a letter to Alexander Rives dated January 1, 1833, Madison says that

[a] rightful secession requires the consent of the others [other States], or an abuse of the compact, absolving the seceding party from the obligations imposed by it.

An abuse of the compact most assuredly necessitates withdrawal from it, on the principle of the preservation of liberty, especially if that abuse has been persistent and shows no signs of abating. The abuse, in this instance, has been and is being committed by the central government.

The central government is both a creature of the Constitution and a de facto party to it, as co-sovereign with the States and supreme in its realm of enumerated and limited powers. One of those powers enables the Supreme Court of the United States to decide “cases and controversies” arising under the Constitution, which alone makes the central government a responsible party. More generally, the high officials of the central government acknowledge the central government’s role as a party to the compact — and the limited powers vested in them — when they take oaths of office requiring them to uphold the Constitution.

Many of those high officials have nevertheless have committed myriad abuses of the central government’s enumerated and limited powers. The abuses are far too numerous to list in their entirety. The following examples amply justify the withdrawal of the State of _______________ from the compact:

A decennial census is authorized in Article I, Section 2, for the purpose of enumerating the population of each State in order to apportion the membership of the House of Representatives among the States, and for none of the many intrusive purposes since sought by the Executive Branch and authorized by Congress.

Article I, Section 1, vests all legislative powers in the Congress, but Congress has authorized and allowed agencies of the Executive Branch to legislate, in the guise of regulation, on a broad and seemingly limitless range of matters affecting the liberty and property of Americans. Further, in violation of Article III, which vests the judicial power in the Judicial Branch, Congress has authorized and allowed agencies of the Executive Branch to adjudicate matters about which they have legislated, thus creating conflicts of interest that have systematically deprived millions of Americans of due process of law.

Article I, Section 8, enumerates the specific powers of Congress, which do not include many things that Congress has authorized with the cooperation and acquiescence of the other branches; for example, establishing and operating national welfare and health-care programs; intervening in the education of American’s children in practically every village, town, and city in the land; intrusively regulating not only interstate commerce but also intrastate commerce, the minutiae of manufacturing, and private, non-commercial transactions having only a faint bearing, if any, on interstate commerce; making and guaranteeing loans, including loans by quasi-governmental institutions and other third parties; acquisition of the stock and debt of business enterprises; establishment of a central bank with the power to do more than issue money; requiring the States and their political subdivisions to adopt uniform laws on matters that lie outside the enumerated powers of Congress and beyond the previously agreed powers of the States and their subdivisions; and coercing the States and the political subdivisions in the operation of illegitimate national programs by providing and threatening to withhold so-called federal money, which is in fact taxpayers’ money. The view that the “general welfare” and/or “necessary and proper” clauses of Article I, Section 8, authorize such activities was refuted definitively in advance of the ratification of the Constitution by James Madison in The Federalist No. 41, wherein the leading proponents of the Constitution stated their understanding of the Constitution’s meaning when they made the case for its ratification.

One of the provisions of Article I, Section 10, prohibits interference by the States in private contracts; moreover, the Constitution nowhere authorizes the central government to interfere in private contracts. Yet, directly and through the States, the central government has allowed, encouraged, and required interference in private contracts pertaining to employment, property, and financial transactions.

Contrary to the express words of Article II, which vests executive power in the President, Congress has vested executive power in agencies that are not under the control and supervision of the President.

The Supreme Court, in various holdings, has curtailed the President’s ability, as commander-in-chief, to defend Americans and their interests by circumscribing his discretionary authority in matters concerning the capture, detention, interrogation, and appropriate imposition of military punishment for offenses against the law of war, of enemy prisoners captured in the course of ongoing hostilities pursuant to a congressional declaration of war or authorization for use of military force.

Amendment I of the Constitution provides that “Congress shall make no law . . . abridging the freedom of speech.” But Congress has nevertheless abridged the freedom of political speech by passing bills that have been signed into law by Presidents of the United States and, in the main, upheld by the Supreme Court of the United States.

Amendment IX of the Constitution provides that its “enumeration . . . of certain rights, shall not be construed to deny or disparage others retained by the people.” But Congress, in concert with various Presidents and Supreme Court majorities, has enacted laws that circumscribe such time-honored rights as freedom of association, freedom of contract, and property rights. That such laws were enacted for the noble purpose of ending some outward manifestations of discrimination does not exempt them from the purview of Amendment IX. As Amendment XIII attests, freedom is for all Americans, not just those who happen to be in favor at the moment.

As outlined above, the central government has routinely and massively violated Amendment X, which states that “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.”

We, therefore, the representatives of the people of _______________ do solemnly publish and declare that this State ought to be free and independent; that it is absolved from all allegiance to the government of the United States; that all political connection between it and government of the United States is and ought to be totally dissolved; and that as a free and independent State it has full power to levy war, conclude peace, contract alliances, establish commerce, and to do all other acts and things which independent States may of right do. And for the support of this Declaration, with a firm reliance on the protection of divine Providence, we mutually pledge to each other our lives, our fortunes and our sacred honor.

[Signatures of the people’s representatives]

A Colloquy on the Constitution

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Q: What is the provenance of the Constitution of the United States of America?

A. In its original form, it was an agreement among the States (i.e., governing bodies of certain geographical areas formerly known as colonies). Each State that ratified (agreed to) the Constitution did so because a majority (however slight) of a small fraction of the State’s residents voted to approve the Constitution.

Q. So the Constitution is binding on all Americans because of the actions of a small fraction of the residents of America in 1787-1790?

A. Approximately. It’s really binding on all Americans because the governments of the States and the central government have the power to make it binding. More importantly those governments have the power enforce statutes, regulations, and judicial decrees, whether or not they actually conform to the Constitutions of the United States or any State. However, there was a time when certain groups of people, known as Indians, were treated as if their tribes and nations weren’t subject to the jurisdiction of American governments, Rather, they were treated as if they were foreign nations, even though their territories were within the boundaries of the United States. Accordingly, they weren’t even taxed by American governments.

Q. So allegiance to the Constitution, etc., is discretionary?

A. Yes, but it’s governmental discretion, not the choice of individuals or groups.

Q. Yet the preamble to the Constitution says that it was established by “the People.”

A. Yes, a few of them.

Q. If that’s the case, why do so many people seem to respect the Constitution and invoke it?

A. Most people who claim to respect the Constitution do so because (a) it’s a symbol of Americanism (whatever that is, these days), or (b) it can be read in a way that supports their political views and preferences. The reading can be literal, which is the way written constitutions are meant to be read, or strained, in which case it involves a “living Constitution” (i.e, make it up as you go along) with “emanations” and “penumbras” (i.e., inferences piled on unsubstantiated interpretations). The Constitution, in brief, is a kind of club to be carried into political battles.

Q. To sum it up: The Constitution is binding because of the power of government to make it binding. But government uses it mainly as an excuse to enforce the wishes of those who control government, regardless of what the Constitution actually says.

A. That’s about it.

Q. Well, then, truth in packaging demands a more accurate preamble. Here it is:

We the minuscule minority who lived a long time ago hereby ratify this document so that a bunch of politicians, bureaucrats, and judges can mention it when they jerk you around and pick your pockets — Indians excluded.

A. Almost. But Indians are no longer excluded, in reality, regardless of the treaties they co-signed with the big chiefs in Washington, D.C.

Q. Spreading the misery is the American way.