CERDAFIED - "Governments derive their just powers from the consent of the governed ... Whenever government becomes destructive to life, liberty, or property [i.e., the pursuit of happiness], it is the right of the people to alter or to abolish it... It is their right, it is their duty, to throw off such government, and to provide new guards for their future security."
— American Declaration of Independence (1776)
The key word is CONSENT
and Americans are not consenting to the way they are being governed! In a bold, kill a fly with a canon kind–of-way, Texans decided to take things in their own hands and push for secession from the union of the United States. A petition was posted on the White House's We The People site.
The site indicates that a petition of 25,000 signatures merits a response from the White House. Texas had over 112,210 signatures by November 16th, 2012, and petitions for many states had already surpassed this minimum.
The White House petition serves as a strong indicator of public sentiment. The federal government may wish to ignore the growing discontent and attempt to whitewash it as bitter election swill, but Washington's politicians and bureaucrats should take note. Federal foreign policy and actions are increasingly malignant and for those governed, it is unacceptable.
Domestic policy has been a reversal of fortunes and freedoms. If Washington refuses to change course it may get a taste of America’s wrath. This is not like the civil war wrath where people are divided by moral conscious and self interest and profiteering. This is the gulf between those governed and those who govern. The few against the many.
"When a government has ceased to protect the lives, liberty and property of the people, from whom its legitimate powers are derived...[it is] the inherent and inalienable right of the people to...abolish such government, and create another in its stead..."
— Texas Declaration of Independence (1836)
On February 17, 2009, the Texas House of Representatives introduced House Concurrent Resolution 50, on May 30, 2009, the resolution passed with amendments. (Link) (Link)
It reads in part;
RESOLVED, That the 81st Legislature of the State of Texas hereby claim sovereignty under the Tenth Amendment to the Constitution of the United States over all powers not otherwise enumerated and granted to the federal government by the Constitution of the United States; and, be it further
RESOLVED, That this serves as notice and demand to the federal government, as our agent, to cease and desist, effective immediately, mandates that are beyond the scope of these constitutionally delegated powers; and, be it further
RESOLVED, That all compulsory federal legislation that directs states to comply under threat of civil or criminal penalties or sanctions or that requires states to pass legislation or lose federal funding be prohibited or repealed.
However, this resolution is non binding on the Federal government. But a poll conducted by Rasmussen Reports found that about 1 in 3 of those surveyed believed that Texas has the right to secede from the United States and 48% of Texas Republicans surveyed supported it.
The US Supreme Court case Texas v White held that “the Constitution did not permit states to unilaterally secede from the United States, and that the ordinances of secession, and all the acts of the legislatures within seceding states intended to give effect to such ordinances, were absolutely null”.
"Compact theorists believed that states could declare federal laws null and void. When that happened, the federal government had no power to enforce the law within the boundaries of the nullifying state. South Carolina in 1832 put compact theory into practice. A state nullification convention was called, and the federal protectionist tariff was declared to be unconstitutional in November." According to the American Constitutionalism, Volume 1 Structures of Government (Gillman, Graber, Whittington college text published by Oxford University Press, copyright 2013).
It further explains that. "These states did not surrender central elements of sovereignty when joining the union. In particular, proponents of compact theory maintained that each state had the power to determine whether a federal law was unconstitutional. They revered the passage in Thomas Jefferson's Kentucky Resolutions of 1798 which declared, 'as in all other cases of compact among powers having no common judge, each party has an equal right to judge for itself, as well of infractions as of the mode and measure of redress.'
Nullification was the very means by which a state could exercise this sovereign power and to 'judge for itself' whether the federal government was acting constitutionally.
The South Carolina legislature adopted the Ordinance of Nullification in 1833. The Force Act of 1833 was passed by Congress to empower President Jackson to override the Ordinance of Nullification and to forcibly collect a tariff. The Constitutional crisis was all but averted.
Southern states weren’t allowed back into the Union until it had written language surrendering the right of secession in the State Constitution. Can they write the “right of secession” back in? Of Course.
In the Daily Kos/Research 2000 Texas Poll from 2009 the following question was posed and responded too:
QUESTION: Do you think Texas would be better off as an independent nation or as part of the United States of America?
The fact that the question was raised is the first indicator of malcontent. That so many would rather slough off the federal government is indeed telling. I am left to wonder how every state in the union would vote on this issue? Is this also the huge divide among dems and reps?
If each nation chose secession what would happen to the federal industrial war complex? Without our federal dollars supporting it, I can almost hear a peaceful nation raise up and begin the work of repairing our infrastructure with those saved hard earned dollars, and the economy may begin to purr again. Can you hear it?
Can you imagine the end of the Federal reserve? No more debt enslavement with no oversight and accountability!
What seems more impossible to you? The US reversing her foreign and domestic policies, abandoning her iron fist mentality or a successful secession movement?
I take my hat off to those scrappy Texan petition signers. They dare to be as arrogant as those who control them!
"Secession Divides Texas Republicans". The Washington Post. Retrieved May 25, 2010.
"Daily Kos/Research 2000 Texas Poll". Daily Kos. Retrieved November 16, 2012.
(Lisa Cerda is a contributor to CityWatch, a community activist, Chair of Tarzana Residents Against Poorly Planned Development, VP of Community Rights Foundation of LA, Tarzana Property Owners Association board member, and former Tarzana Neighborhood Council board member.) –cw
Vol 10 Issue 95
Pub: Nov 27, 2012