Wednesday, November 14, 2012

Do States Actually Have The Right To Secede?

Ben Swann




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29 comments:

Anonymous said...

The Declaration of Independence, Bill of Rights & US Constitution gives all Legal Rights to any state to Secede from the Union due to Criminal Acts against The People of each state.
We The People have The Right per each state to secede providing the number of people (25000) or more make such a request through the proper channels.

Anonymous said...

Where's Old Virginia on that list?

Anonymous said...

texas v. white settled the issue in 1869 - the states cannot secede from the union

en.m.wikipedia.org/wiki/Texas_v._White

Anonymous said...

Even if States could secede they never will due to the Federal funding they accept for Highways, Education, Medication, Housing, Food Stamps, etc... not to mention to secede would mean taking on huge responsibilities that frankly Americans just are not up to.

Americans have been inculcated with the idea that they are somehow special and entitled to whatever they want whenever they want and that it is Governments job to provide all these entitlements so Americans can spend there time pursuing the next entertaining thrill or gadget.

Why people are complaining i cannot understand. We pretty much demanded things be the way they are. Our stupidity to and support of what has been taking place in this country and around the world for decades just proves to the owners that we are willing to go along with whatever they want as long as they provide plenty of the wonderful entitlements we have become so addicted to.
You cannot blame them for being "elitist" we reinforce the idea with every new free thing we demand they provide us.
and sure they play on our stupidity but it is us who are stupid they just take advantage of that fact.
You would do the same given the opportunity
stupid people are easy to take advantage of.

Americans have not the balls nor the will to leave the plantation as it has become their definition of freedom.

Anonymous said...

Who cares? States rights. Secede, or stand your ground and resist the pathetic feds. Either way, Victory!!!

Anonymous said...

The Constitution does not have any mechanism to allow a state to secede and the Supreme Court has rendered several decisions that it would be unconstitutional for a state to leave the union. Their argument is that the Constitution and Congress have given rights to all Americans, so if a state seceded then it might take away those rights. So to protect all of our rights, the state cannot secede.

Joe Hollinger said...

Lets set something straight. Neither the government nor the Constitution give us rights nor can they. The Creator is the only source from which we can get rights.

The People tell government when something needs to change. Government enacts laws that tell us what we cannot do and the penalties we can face if we don't comply with the laws. The laws are enforced by the courts as provided for in the Constitution.

Local law enforcement is an arm of the courts. It apprehends those suspect of committing acts not allowed by laws, informs the suspects of their rights, and either detains them until they can appear in court, or releases them until such time as they are notified to appear in court. Failure to appear could result in the loss freedom until the next court appearance.

The Constitution gives States the majority of the power of governing.

The Federal government has outgrown its mission (by usurpation) as spelled out in the Constitution. Weak willed people have made careers out of government service, in violation of the intent of the Founders.

The Founders intended for the Federal government to be small and have limited powers and for those elected to represent their constituents to serve a term and return home and take up their prior lives where they left off.

The Founders knew that men are weak and when tempted by easy access to wealth and power that they will eventually give in to the temptations access to those things present. When they give in to the temptations the only thing that matters to them from that point forward is more wealth and more power and keeping what they have at all costs. They lose all sight and concern for their constituents and for the Constitution they took an oath to protect and defend against all enemies, both foreign and domestic. At the point when that has become the general scenario within government, that government has run amok.

The Founders provided citizens with the first and second amendments to enable citizens, through bloody revolution (which they knew it would take), to take their country back.

The first amendment allows us to peacefully assemble to air our grievances. The second amendment allows us to keep and bear arms to protect ourselves and our posterity from government run amok.

So, if you want to remain free you must be prepared to take up your arms and use them to defend our country from the enemy within and reestablish our republic as the Founders intended it to be.

jbvtme said...

congress has "given" no rights to anyone. the constitution enumerates rights "given" by god. this controversy will focus attention once again on the constitution, the finest work of non-fiction in the english language.

Steve A/K/A STR said...

Texas is the fifteenth largest economy in the world. If Oklahoma and a few other states adjoining Texas combined it could be even larger so it is possible the idea of a federal money train would be missed but unlikely it would prevent growth by the separated states. I think it would be an adaptation but doable.

Anonymous said...

Can the States secede? Can the President start a war without a declaration from Congress? Can the President write an executive order declaring that habeus corpus no longer exists for US citizens? Can a President invade a country on a lie to start a pre-emptive war that kills and displaces millions without being charged of a crime?

Does law really matter anymore in this country? Does the Constitution, the Bill of Rigths really matter anymore? Who is defending these documents? Are people in our government upholding their oaths?

Yes, States can secede, but not peacefully. If the feds don't follow legal documents then the States can do whatever they want to as well, provided that they can handle the consequences of doing so.

If there is a second Civil War, there won't be a Mason Dixon line, it will be county vs. county complete chaos.

Anonymous said...

Let's review.... the United States of America is based upon four sets of organic law as follows:

1) Declaration of Independence - July 4, 1776
2) Articles of Confederation - November 15, 1777
3) Northwest Ordinance - July 13, 1787
4) Constitution of the U.S. - September 17, 1787

The Bill of Rights apply only in certain circumstances.

First, let’s review. The four Organic Laws of the United States of America represent four different constitutions above the level of the States. The Declaration of Independence of July 4, 1776 mentions an unwritten Constitution: “He has combined with others to subject us to a Jurisdiction foreign to our Constitution, and unacknowledged by our Laws; giving his Assent to their Acts of pretended Legislation.” The Articles of Confederation of November 15, 1777 become the Constitution for the Confederacy, the United States of America, when Maryland becomes the thirteenth State, to ratify the Articles on March 1, 1781. The Northwest Ordinance of July 13, 1787 is the Constitution for the temporary government for the Northwest Territory legislated by the United States in Congress assembled under the authority of the Articles of Confederation of November 15, 1777. The Constitution of September 17, 1787 is a combination of the implementation of Article X of the Articles of Confederation of November 15, 1777 and a finalization of the Northwest Ordinance of July 13, 1787 into the Constitution of the United States.

The monarchical police power of King George III over the Northwest Territory was conveyed to the United States of America via the Treaty of Paris of 1783 and from that document the United States in Congress assembled funneled the police power into the Northwest Ordinance of July 13, 1787. All the monarchical power over the Northwest Territory was now reposed in the oligarchy known as the United States in Congress assembled.

The Constitution of September 17, 1787 created the dictatorship of the American Presidency, the details of which can be found throughout these Posts. In short, the constitutional law of marriage and driver’s licenses is found in the Northwest Ordinance of July 13, 1787 and the Constitution of September 17, 1787. Learning the constitutional law of marriage and driver’s licenses requires more than just a quick reading of “the Constitution.”

Knowing constitutional law requires full knowledge of all four Organic Laws of the United States of America and the only way to acquire that knowledge is to read and study those laws.

Anonymous said...

Together, the Declaration of Independence and the Articles of Confederation provide a path to freedom from government intrusion, but only for "the free inhabitants of the many states."

Together the Northwest Ordinance and the Constitution provided government with land and a property management system over which to legislate.

Allowing yourself to reside "in name only" within that "district" provides government with the adhesive to own and control you. When you take up housekeeping on land outside big fences, you are not even party to "a constitution" and therefore why rely on that private company document as a place where "your rights" come from? That's the property management system that tricked you into claiming your citizenship within that enterprise, making you nothing but chattel property... that's what the word "Internal" means in I R S. 50% of the organic law has made you a dept slave, and it was an act of fraud totally unbeknowst to you, they made you flesh become a surety. Checking YES in the U.S. Citizen box will do it every time. Write to correct those records!

Anonymous said...

All 43 presidents since George Washington followed his example to the letter, as Washington pulled off the greatest hoodwink... he combined the office of the head if state with the office of the head of government... leaving the third office, the people's "Office of President" as an empty seat... all 44 presidents did so by mouthing an oath. The founding government in this country has never been finalized or fully erected... these employees in D.C. have big guns and intimidating forceful tactics to cover up the lies... the same criminal banks in Europe still rule for the Queen (posthumously the King) today. Sad to say, my activist friends, we are losing a battle because we don't know the truth.

Anonymous said...

Is this a clue, or what? To me, the phrase "old Virginia" means "the Virginia company" and when G. Washington arrived back from Europe, he was to secretly implement a company business plan, which resulted in the convoluted mess in America almost 250 years into their futures. Wow! Thanks!

Recall "the secret Constitutional Convention of May 25, 1787" where insiders were led by George Washington (in New York at the time) to revise the "Articles of Confederation" to pave the way for "a more perfect Union" only because the "first Union" wasn't perfect enough at the time for "the banker influenced" takeover. The "more perfect Union" wasn't meant to keep you & I free to enjoy the only two purposes for government....

The Declaration of Independence is black & white as to "instituting new government" and the Articles of Confederation clearly spell out in Art.IV who stands on the land as free inhabitants" in total, showing where in written law that the people outside of government got our unalienable rights from "a Creator" or "nature's god" so... PLEASE people, don't rely on the government's own hand to be bitten by itseft in drafting any written sesession law to free you of its ownership that you all consented to when you became a registered vote in its elections.

There will have to be a documentary letter writing process for each of us to cancel all those places you/we all allowed our consent to rest in the public record.

Dana Wana Pskana said...

The Federal Government is so infested and contaminated by traitors and foreigners that this might be the only way to get rid of em!
The good part of the Fed needs to shake the bad part or the States will shake the Fed!
This means WAR because the Fed will impose MILITARY COMMAND on the State which secedes!
It is well needed.
At this point, America needs to stop being a country in order to become back to America again!

Anonymous said...

Each living man or unmarried woman over the age of 21 years in America, provided he or she had ever registered to vote, must secede on their own merit by writing to the "office of County Auditor" and requesting their name to be removed from their statewide voter registration database. You must also study nationality and birthright to become a stateless person.

As a registered voter, a man implies that for his household he tacitly accepts whatever state legislation gets passed by the voters. However, even those workers employed by any State don't know that beneath it all, the English Common Law still applies, which is largely unwritten law or biblical law. A very studied Christian could tell you that Jesus was not a voter.

Each person has to stop living a life as if the state and federal written law applies to "all the land" ....as it's "the presumption of law" that becomes a trap otherwise, that you've allowed your private property to be attached to "the public policies" of a government "of those people" which became a private enterprise once [they/it] began issuing securities in the 1930's. The phrase "law of the land" does not legally mean "our private property" but covertly means "places owned by government" entites... hint: clearly marked by "No Trespassing" signage (governments are territorial and proprietary - legislating exclusively upon their own).

These government businesses became especially private with the further adoption of "administrative procedures" found within Uniform Commercial Code implemented forward from the 1950's. Hence administrative courts preaching from color of law.

People say "America has died" or is dying, but few can say exactly how/when/why.

Danny Adams said...

"The Declaration of Independence, Bill of Rights & US Constitution gives all Legal Rights to any state to Secede..."

No, only the Declaration does. The Founding Fathers themselves were vague about it--they believed it was legal but also that it was a bad idea. Jefferson has two famous quotes about this: One saying that states should be allowed to if they wish, but added in an 1820 letter to Hugh Nelson that he considered secession "insanity" and that the union would be repaired when more "reasonable" people discussed things.

Anonymous said...

By way of the chain of command "a STATE OF ________" doing business as a LEGAL entity, cannot be separated from the (adoption agency) UNITED STATES entity.

Each State came about under its own State Constitution (a cookie cutter procedure) and then each State entity joined "the Union" by way of "a Enabling Act for a State of ________" (your State's name) to become inseparable from The United States of America, as the western hemisphere's largest property management system for magazines, dockyards, arsenals, post offices, prisons and needful headquarters buildings and internal staff.

The bankster controlled system desperately does not want us to know what had been done in secret to create a corporate structure of stolen identities. There are really two States, two United States and two of everyone registered at birth... "the LEGAL" public you and "the lawful" private you.

The STATE OF WASHINGTON for example, is owned land and property in "the District," and "the state of Washington" is a common name to denote a geographic location beneath any transparent jurisdiction presumably resting on top.

Come on people! The mess we have today should be the clearest hint of this duality. The upper echelon know what's going on, as they get richer and more powerful. It's impossible to get "justice" (Just Us) today in America.

To that 1780's and 1860's and early 1900's hoodwink crew, the phrase "we the people" (wink wink) wasn't you and me.

Anonymous said...

Each of the States is a country unto itself. 28 USC 297 mentions this. Anyone born in a State is born into a Republic or Commonwealth foreign to the United States. If the United States fails, each man still has a country.

Anonymous said...

Each man still has his nationality... for he didn't select where he was going to be born... he still has his living flesh and consciousness... to choose what kingdom is his sovereign.

The USC is our tool to keep government in check, inside its box... that is unless you live vicariously in the extension of "the district" by begging to apply the code to your body via signing and submitting government application forms (such as what employers and election precincts are tricked into pushing at you) under STATE-ist law, thus shorting all of our arguments to ground as residents (the thing identified) and as voters (as in a short- circuit).

Conversely, the USC is not a governmental tool to keep "we the men & women" in check, for this [they] aren't informed of their true nature, but still use their thugs with guns to put us under the ground...

The trick is to determine "your standing" and to know how to document (in writing and mailing) that you are not a resident in the district, and that though you are not renouncing American citizenship, that you have studied the organic laws of the United States and the laws of your nearby State and you're quite certain the "U.S. Citizenship" (literal) is not possible where you are living after having examined your own record of domiciles.

Anonymous said...

Good luck Americans. It had to come sometime

MajorityRfools said...

Don't ask for anything you're unwilling to take

Anonymous said...

Governments come and go; borders come and go. Everything has its rise and fall. The one unforeseen problem with breaking apart the "united" States is that it opens the door for state to state war.

Anonymous said...

Part 1

WHAT IS THE CONSTITUTIONAL LAW OF PERSONAL SECESSION FROM THE UNION OF THE UNITED STATES?

The issue of whether or not a State could secede from the first Union, the Confederacy, the United States of America, or the second Union of dependent federal States, was purportedly decided by the War Between the States, however, as that war was prosecuted using the power and authority of the unadopted Constitution of September 17, 1787 and Constitution of the United States, the right of a State to secede from either Union remains unsettled. Secession of a kind is readily available to any individual not confined to territory owned by or subject to the exclusive legislative power of the United States of America.

The legal history and the official written record of the written law and government of the United States of America, after King George III is removed as the head of state and government , is found in the four Organic Laws of the United States of America. The first Organic Law recognizes the inherent freedom of all mankind in general and the American people in particular. The remaining three Organic Laws: the Articles of Confederation of November 15, 1777, the Northwest Ordinance of July 13, 1787 and the Constitution of September 17, 1787 are binding upon the two classes of States which constitute the two Unions. The inhabitants of those States and the territory owned by or subject to the exclusive legislative power of the United States of America are subject to the written law of those States and the United States of America while physically present on the territory belonging to the United States of America.

The right of the American people to be free from government regulation is expressly provided for in the provision for personal abstention from political life in Article IV of the Articles of Confederation of November 15, 1777. These Articles, which are binding on all the member Confederate States, were the first written Constitution for the United States of America. The third Organic Law of the United States of America, the Northwest Ordinance of July 13, 1787, was an act of the United States in Congress assembled, which was binding on the settlers and inhabitants of the District, soon to be known as the United States.

Anonymous said...

Part 2

The Constitution of September 17, 1787, had it been legally adopted by the members of a government, would have been the Constitution for the United States of America, as the Preamble suggests, because the Articles of Confederation of November 15, 1777 was then the Constitution of the United States of America. The purpose of the Constitution of September 17, 1787, when lawfully adopted, was to make permanent the Northwest Ordinance of July 13, 1787 as the Constitution of the United States. George Washington took the oral oath to "preserve, protect and defend the Constitution of the United States," however, adoption of the Constitution of September 17, 1787 failed when no one was bound by subscribed oath “to support this Constitution,” the Constitution of September 17, 1787.
The planned failure to adopt the Constitution of September 17, 1787 allowed the federal government, the United States of America, to begin the “administration” of the United States of America as if it were, the United States, the territory owned by or subject to the exclusive legislative power of the United States of America. Unrestrained by an adopted Constitution, the federal government has conflated the United States of America into the United States, the territory owned by or subject to the exclusive legislative power of the United States of America.

An unadopted Constitution of September 17, 1787, while still binding on the State governments, does not bind the people. The people either individually or en masse are free to “secede” from State Unions they were never a part of.

Secession from the Union of States, constituted of the territory owned by or subject to the exclusive legislative power of the United States of America, is accomplished by the individual severing all ties to the “quasi-government” headed by the President of the United States. Attaining the freedom and independence of a free inhabitant under Article IV of the Articles of Confederation of November 15, 1777 requires a basic understanding of all four Organic Laws, a writing the President.

See www.edrivera.com

Anonymous said...

Part 3

LETTER OF INTENTION TO BECOME A FREE INHABITANT UNDER ARTICLE IV OF THE ARTICLES OF CONFEDERATION OF NOVEMBER 15, 1777

All a person has to do to become a free inhabitant under Article IV of the Articles of Confederation of November 15, 1777 is stop acting like a citizen of the “United States.” Students of Ed Rivera you can send President of the United States Barack Hussein Obama your version of the following letter. If you aren’t a Student, you can contact edrivera@edrivera.com and you can enroll as one.


YOUR NAME
YOUR ADDRESS
DATE

President of the United States
Barack Hussein Obama
The White House
Washington, D. C. 20502

Dear Mr. President:

I am one of the students of Dr. Eduardo M. Rivera, who claims to be the World’s Greatest Legal Mind. He has discovered that George Washington did not meet the Article II Section 1 Clause 5 residency requirement of 14 Years on February 4, 1789, when he was elected, so without explanation, Washington took the oath that every President Elect has since taken. Dr. Rivera teaches that the taking of that oath permits the establishment of a kind of property management system, which is appropriately called an “Administration,” in which you are now the chief administrator.

George Washington made an unauthorized amendment of the Constitution of September 17, 1787 by taking that oath without informing the people of the world. Taking the oath of Office of President of the United States without disclosing that he was doing so because he was not eligible to the Article II Section 1 Clause 5 Office of President was a fraud upon the American people.

There is no dispute that you took the same oath taken by George Washington on April 30, 1789, my request is that you acknowledge that you have taken no other oaths as President. All existing Presidential Libraries acknowledge only the taking of an oral oath by any President Elect in recent history.

Anonymous said...

Part 4

George Washington’s unauthorized amendment of the Constitution of September 17, 1787 aborted that part of the government that would have complemented the administration that you now lead -- a Congress under the Articles of Confederation. That government would have a President under the Constitution of September 17, 1787 and the “one supreme Court” of Judges instead of the military Justices in the U.S. Supreme Court

I have been harassed by persons who claim to be your agents. These persons do not make direct assertions of having an agency relationship with you, but by elimination of Congress and the Supreme Court, you are the only person who could be their principal.

You, Mr. President, are limited by the oral oath you have taken to the territory owned by and ceded to the United States of America. I neither reside nor am I domiciled on that territory, so I would like an explanation of why your agents are contacting me.

Intending no disrespect to you, your offices and those who hold you in very high esteem, I do not regard you as my President and I do not consider myself obligated to follow any of your Executive Orders, any Bills “which shall have passed the House of Representatives and the Senate” and you or your predecessors have signed into law and any order or opinion made by the U.S. Supreme Court or any lower court. This is my attempt to avoid the application of martial law.

You are not my president, because you were elected by the Electoral College to be President of the United States of America pursuant to the authority of Articles of Confederation, a Confederacy of the 50 States and of no application to me, except to be entitled to all privileges and immunities of citizens of the several States.

You are not my president, because you have taken the oral oath to be President of the United States, which may bind you to an employment, but which does not bind you “to support this Constitution” as an executive officer of the United States, pursuant to Article VI of the Constitution of September 17, 1787.

It is my intention to live as a free inhabitant of one of the 50 states pursuant to Article IV of the Articles of Confederation, however, your fame and celebrity as the holder of the most powerful office in the world causes certain employees in the federal government to assert powers over me that they simply do not have, so I cannot live free. I have in the past been a victim of false assertions of power and I seek to avoid any future false claims of authority by federal government employees, by your acknowledgement that your only oath of office was the following oral oath:
“I, Barack Hussein Obama, do solemnly swear that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States, So help me God.”

I will be extremely grateful if you will acknowledge that the only oath you have taken to be President of the United States is the one prescribed by the Constitution at Article II Section 1 Clause 8.

Very truly yours,

My Name

Anonymous said...

I love this blog thread!!!!

I did a Google search on "free inhabitant" and LOOK AT WHAT I FOUND.....

http://freeinhabitant.info/citizen-vs-free-inhabitant/citizen-how-does-one-become-a-us-citizen-by-law.htm

Holy Bejeebers Batman!!!! I never did that!!!!

Anonymous said...

Face it people, we are ALL stuck in this together. "United WE Stand Divided WE Fall" means more today than it did when it was first coined. WHY??? Because it has become popular to just secede, this answers everything, right? No, it merely recreates the same.... So lets just FIX it and stay united.... Oh, "staying" implys we once were united. Hmmmm, thanks to all the conspiracy "theories" it would seem we never were united. So confusing..... Well then STFU and act like an American, and do something about the loss of America! Spring brings forth new life, tiz Spring in America people... It IS time for change, and only by uniting will we change BACK to the idea that birthed a great nation UNDER GOD, in the first place! Wake up! Expect US!!!

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