LIBERTy: Independence Day + local self-government, secession, and strict construction

Tuesday, July 4, 2017

2017-Jul-04

FROM TOM WOODS’ EMAIL

https://www.libertyclassroom.com/

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Independence Day is coming up, and I wonder how many people really get why it matters.

In school, we were told this: “No taxation without representation.”

Zzzzzzzz.

The real principles were more like the following.

(1) No legislation without representation.
The colonists insisted that they could be governed only by the colonial legislatures. This is the principle of self-government.

This is why a Supreme Court ordering localities around is anti-American in the truest sense. It operates according to the opposite principle from the one the American colonists stood for.

(2) Contrary to the modern Western view of the state that it must be considered one and indivisible, the colonists believed that a smaller unit may withdraw from a larger one.

(3) The colonists’ view of the (unwritten) British constitution was that Parliament could legislate only in those areas that had traditionally been within the purview of the British government. Customary practice was the test of constitutionality. The Parliament’s view, on the other hand, was in effect that the will and act of Parliament sufficed to make its measures constitutional.

So the colonists insisted on strict construction, if you will, while the British held to more of a “living, breathing” view of the Constitution. Sound familiar?

So let’s recap: local self-government, secession, and strict construction. Not exactly the themes you learned in school.

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POLITICAL: Peaceful “Secession” — an idea who’s time has come

Saturday, February 18, 2017

http://tenthamendmentcenter.com/2017/02/13/california-secession/

California Secession? How it Could Happen in Practice

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The following article was written by James R. Rogers and originally published on the Library of Law and Liberty website.

Rumblings of secession talk in California, as in Texas a few years back, raises the question of how, if ever, a state might secede from the Union without war.
The legal issue surrounding secession in the Civil War era concerned whether states might unilaterally secede from the Union under the Constitution. The answer, underscored by force of arms and the U.S. Supreme Court, was a definitive “no.”

That states may not unilaterally secede from the Union, however, does not mean there is no route by which a state might secede peacefully, and even legally. Indeed, the U.S. Supreme Court has said there is, albeit, saying it in dictum. In holding in Texas v. White (1869) that Texas did not truly secede from the Union, Chief Justice Chase, writing for the majority, nonetheless identified two routes by which U.S. states could peacefully secede: “There was no place for reconsideration or revocation [of Texas’s entry in the Union], except through revolution or through consent of the States.”

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Much of the commentary related to California’s budding secession movement suggests that a constitutional amendment would be necessary for the peaceful, lawful secession of a state from the union. I don’t think so. Chase’s dictum regarding the “consent of the states” does not suggest the need for constitutional amendment to authorize a state’s secession.

Rather, to implement this route for the legal secession of a state, Congress would need only to adopt enabling legislation spelling out the process by which consent of the states would be obtained. Congress could stipulate the states’ consent would be provided by some proportion of state legislatures – half of them, or two-thirds – adopting a “secession consent” resolution or something. Or Congress could authorize states to consent to a state’s request to secede through special state-level conventions or by direct vote in state-level referenda. Or perhaps Congress could provide state consent through a vote of the Senate, or a vote of the Senate and the House, or some combination of the above.

Whatever process Congress might adopt for secession need not be as onerous as the process required to adopt constitutional amendments: Adoption of enabling legislation need not require a supermajority vote in Congress (as constitutional amendments require). And, at congressional determination, the proportion of states sufficient to provide the “consent of the states” could be fewer than the three-fourths majority required to ratify constitutional amendments.

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Very interesting.

Now that the Liberal Left in California has learned what “executive power” in the “wrong hands” means, they have become interested in secession.

I’m reminded of a quote: “Would you tell me please, Mr. Howard, why should I trade one tyrant three thousand miles away for three thousand tyrants one mile away? An elected legislature can trample a man’s rights as easily as a king can.” Mel Gibson as the character Benjamin Martin in the movie The Patriot http://www.imdb.com/title/tt0187393/quotes

We’ve seen that the Congress has become corrupt and doesn’t faithfully execute its duties by creating the new Fourth Branch of Gooferment — the REGULATORS!

So perhaps, like the old Soviet Union it’s time to dissolve the Union and let partisans go their own way in peace. If the “blue states” want reform around welfare for all — fine. If the “red states” want to reform around “traditional values”— fine. California should be allowed to go its own way in peace.

Hopefully, it would NOT be like what happened in India and Pakistan initially, but things seem peaceful now. 

So too, can the RED USA and the BLUE USA live in peace together … …  finally.

Dona Nobis Pacem

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GUNS: So what patriot is going to challenge it

Tuesday, January 7, 2014

http://www.theblaze.com/stories/2013/12/31/looks-like-weimar-germany-the-viral-photo-out-of-connecticut-thats-giving-some-gun-owners-chills/

GOVERNMENT
‘LOOKS LIKE WEIMAR GERMANY’: THE VIRAL PHOTO OUT OF CONNECTICUT THAT’S GIVING SOME GUN OWNERS CHILLS
Dec. 31, 2013 10:32pm Jason Howerton

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While the Connecticut Citizens Defense League believes the law is unconstitutional, it has been reminding gun owners of the deadline to make sure they don’t become felons on Jan. 1.

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Registration is confiscation!

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RANT: Voting doesn’t matter; Opting out, aka secession, does

Saturday, November 17, 2012

Jim Gearhardt
NJ 101.5 

Jim:

I own several houses in NJ. (I’m in the process, as are many older retiring new jersey-ites, of transitioning from NJ to NH via VA. Personally I’m being driven out by the high taxes. Most notably the Inheritance Tax.) I knew when the Storms hit that the taxpayer would be paying.

Can I ask you to consider some points?

(1) Were these towns self-insuring? This may have been a decision to save money in the short-term. To spend on other priorities. Why is the taxpayer being punished for a decision that they had no input to?

(2) “No taxation without representation.” What a joke. I have a summer family property in Seaside Heights. How do I vote for lower taxes? Or about anything they decide?

(3) In the recent election, the “takers” won. People love “free” stuff. But what are they going to “take” when those that “make” stop “making”?

Sorry to sound like an old grump. I did HANJ. I did GRIP. I tea partied.

I know you say that “secession was settled by the Civil War and isn’t going to happen” is unthinkable. I would suggest individuals can secede by just not cooperating. Remember Martin Luther King and Gandhi.

“Yes. In the end, you will walk out. Because 100,000 Englishmen simply cannot control 350 million Indians, if those Indians refuse to cooperate.” — movie Gandhi (1983)

Peaceful. Non-violent. Non-cooperation.

Sound familiar?

I have enjoyed your morning rant for many years and now listen from VA via the inet. Thanks for the shore updates. Fight the good fight.

p.s., ½ the folks don’t vote and the ½ that did vote doesn’t make a mandate. And remember if voting made any difference, they would let us do it. “Democracy” is two wolves and a lamb deciding what’s for dinner. You have demonstrated to me that VOTING in NJ is meaningless.

Fjohn

—-
Ferdinand John Reinke
… a proud Virginian since March, 2012
1641 International Drive #414
Mc Lean VA 22102
(732) 798-0508
http://www.reinke.cc (Personal page)
http://www.reinkefj.com (Professional page)

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POLITICAL: ½ California and ½ New Jersey to freedom?

Wednesday, July 20, 2011

http://dumpdc.wordpress.com/2011/07/13/meet-americas-51st-broke-state/

Meet America’s 51st (Broke) State
by Tyler Durden

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(Editor’s Note: This would actually be a story with some legs if the Southern Californians wanted to secede and actually become a new nation, separate from the USA. But mostly it’s just an amusement piece.)

It is only fitting that a few days after South Sudan became the newest independent country to join the roster of IMF and World Bank “modernization and industrialization” targets, another Southern version of something should break apart, although some may be surprised that this latest secession is not somewhere in the middle of Africa, but in America’s own insolvent back yard. Meet Southern California. “Accusing Sacramento of pillaging local governments to feed its runaway spending and left-wing policies, a Riverside County politician is proposing a solution: He wants 13 mostly inland, conservative counties to break away to form a separate state of “South California.” Supervisor Jeff Stone, a Republican pharmacist from Temecula, called California an “ungovernable” financial catastrophe from which businesses are fleeing and where taxpayers are being crushed by the burden of caring for welfare recipients and illegal immigrants.” Ah yes, the heart of prosperity that is the Inland Empire, known for such great achievements as Hell’s Angels, the most ridiculous excesses of the housing bubble, Del Taco, and… that’s pretty much it. This sounds like yet another Swiss Watch plan.

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Interesting in that maybe not only is the Federal Gooferment too big, but maybe states are too.

Staten Island wanted to come to New Jersey.

And, NJ could be broken in half. Trade North Jersey to New York for Staten Island. And, an undisclosed amount of cash.

Think of others Texas, Florida, North Carolina.

Anything that got too many people or too much land should be broken up.

As it all crumbles like the USSR, into smaller “moreresponsive to the people” units,

Secession?

One can only hope.

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POLITICAL: Sorens on Secession

Wednesday, May 11, 2011

http://newmedia.ufm.edu/gsm/index.php?title=Sorenssecessioncontinuum

Secession as a Continuum
Jason Sorens
April 4, 2011 | Roatán Honduras | Duración:21 minutos

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Sorens is the architect of the Free State Project and came up with the idea that 20k Libertarians in a small state mught be all that was needed to be the “tipping point”.

Essentially, his point is that secession may not look like we are expecting it to look. That’s a modern day South Carolina – Vermont – Texas – New Hampshire with Federalies rolling tanks down Main Street.

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POLITICAL: Obscuring the reality of secession

Thursday, January 6, 2011

http://www.boston.com/bostonglobe/editorial_opinion/oped/articles/2011/01/05/reliving__and_denying__an_ugly_past/

Reliving — and denying — an ugly past
By Jeff Jacoby
Globe Columnist / January 5, 2011

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ON JAN. 16, 1861, delegates to a Georgia state convention gathered to consider whether to secede from the United States. Three days later, voting 208-89, the convention adopted an “Ordinance of Secession,’’ which “repealed, rescinded, and abrogated’’ Georgia’s ratification of the federal Constitution in 1788.

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Looking past the stupidity of a bunch of people, who feel that salt in wounds, is a great idea. I think you miss five critical points:

① Voluntary exit from the Union was debated and assurances given when it was formed. Only to be abrogated when use of the “exit door” was attempted.

② Lincoln assure his place as the “worst President” with his war on civilian populations. And, the many violations of civil liberties. And, the insistence on “preserving the Union”. It wasn’t about slavery for him; Emancipation Proclamation only applied to the areas he didn’t control.

③ A lot of smart people didn’t see that “slavery” was an economically doomed institution. Only we had to kill people to figure that out. “A brilliant man would find a way not to fight a war.” — apocryphal quote attributed to Admiral Isoroku Yamamoto played by Mako in the movie ‘Pearl Harbor’

④ The structural change from “The United States of America” as a republic to the “USA” as an empire was begun with the North winning the War of Northern Aggression. No man or group of men—including any group of men calling themselves “the government”—is morally entitled to initiate (that is, to start) the use of physical force, the threat of force, or any substitute for force (such as fraud) against any other man or group of men. “The Market for Liberty” Linda & Morris Tannehill (1970)

⑤ Finally, secession is back. It is the ultimate relief from Washington DC’s corrupt oppression. The debt, deficit, and a 100 year devaluation of the currency assure that the American Empire will collapse just like the Soviet Union. The only question is which State will be the first to exit? My money is on Vermont. But Texas, Alaska, Hawaii, South Carolina, Montana, and New Hampshire are all in the running to be first out the door. And, will we, could we, have one ejection — California — with it’s impending bankruptcy?

So the SC Secession Ball begs the question will the Empire roll tanks into the first state to leave? And, what will “We, The Sheeple” do? Remember that great movie quote? “I fear all we have done is awakened a sleeping giant.” — apocryphal quote attributed to Admiral Isoroku Yamamoto played by Mako in the movie ‘Pearl Harbor’

What will be the wake up call?

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