Do the States Right to
Secede from the Union? by Keith Broaders 2/15/17
in Articles by Morton Thomson
Whether a state has a
right to secede from the Union or not is covered in the Tenth Amendment.
The states created the Union
and before ratifying the Constitution they demanded a Bill of Rights be added
to the Constitution.
They wanted to be absolutely
certain that the newly formed government to be the servant of the people and
the states.
It was well understood that any
power or authority not specifically granted to
the National government was retained to the states and the people. Since the
right of secession is not mention in the Constitution, it is one of the rights
retained by the states.
The thirteen colonies seceded
from the British Empire and set a precedence. When in the opinion of the people
of a given state feel the National government has violated the terms of the
Constitution they have a right to sever the connection.
In the pyramid of political
power, God created man and was the supreme sovereign, Man created the states,
and the states created the Union. The central government was the low man on the
totem pole. The right of secession is like an insurance policy against
governmental tyranny.
Personally, I am not in favor
of states seceding from the Union, but I am in favor of strict enforcement
of the Constitution. I believe that the Constitution delegated limited powers
to the National government were few and well defined while the powers
retained by the states were nearly limitless.
By accepting the notion that in
the Constitution there are implied powers you give the government the authority
to expand their powers beyond what was intended. The powers of the National
government can only be changed thought the amendment process outlined in
Article V.
Today the Constitution is
amended every time an unconstitutional law is passed, an executive order is
writing or whenever the Supreme Court misinterprets the Constitution. Any
amendment proposed to the states for ratification must be approved by two
thirds of the members of the House and Senate and must be ratified by three
fourths of the states.
Making positive changes in the
Constitution is nearly impossible because getting two thirds of the member of
Congress to vote on an amendment that would strip them some of their power is
highly unlikely. The first ten amendments limited the power of the government
to abuse the rights of the people, but all of the subsequent amendments have
expanded the power and control of the government over the people.
The right of secession gives
the states the ability to hold the servant government accountable. Denying the
states their sovereignty turns the servant into the master.
Just like a marriage contract
that can be dissolved so can the contract between the states and their servant
government. Secession is the last resort, we should and make every effort
possible to alter our government rather than abandoning it.
Comments
The idea
that citizens have the right to change their government is found in the
Declaration of Independence that mentions dissolving political bands where is
says: “When in the Course of human events it becomes necessary for one people
to dissolve the political bands which have connected them….”
Our
remedy is to bring our federal government back to compliance with the US
Constitution (as written). This will require it to give most of their current
activities back to the States.
Norb
Leahy, Dunwoody GA Tea Party Leader
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