Category: Law, Constitution, and Jurisprudence

JAMES IS WRONG OF COURSE: SOME EDUCATION FOR THE MASSES:
1) The constitution does not answer the question of secession.

2) However, upon enacting the constitution, “national sovereignty would be transferred by the new Constitution to the whole of the American people.”

3) This means that the people choose the government, and the government and the court have no say. A vote is enough. (Unanswered Question: A vote of whom?)

4) And it means that the States’ territorial unity (now continent) is of such strategic security to all, that the security of any and all are threatened by separation. In other words, the primary purpose of the federal government was military defense and sovereign security.

5) And this still means that under the constitution, the people of any state have the right to a local republican form of government.

6) In Texas v. White (1869), the Supreme Court confirmed unilateral secession unconstitutional, while commenting that revolution or consent of the states could lead to a successful secession.

7) Later court rulings have placed unconstitutional limits on the people’s right to sovereignty. These may have been practical, but they were not constitutional. The court is limited by the constitution. The constitution is limited by the people. And the people are limited by ‘Natural Law’ (Note: Which you probably don’t understand as the Science of Cooperation, but it’s not that complicated.)

8) It is absolutely positively constitutional, for anyone, including an elected officer, to advocate for national divorce. (Sorry, Marjorie no matter how we judge her, absolutely has that right)

9) And, “…whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness”

10) That is the right of revolution, revolt, replacement with whatever they see fit.

Conclusion:
… a) The sovereignty of the people lies with the people, and the people alone.

… b) The constitution survives until they vote that it doesn’t.

… c) And revolution may be required if voting fails – and is the people’s NATURAL, inalienable right. A right that may neither be taken from them, or voluntarily abandoned.

… d) And in the end, everything on earth is dependent upon those who are willing to use pointy objects – and the largest military in the world consists of American conservatives by something on the order of twenty times.

… e) Our military sounds impressive but consists of something on the order of 200k fighting soldiers, and 330k reserves whose loyalty is divided. Only two cities can field substantial police forces and only for short periods. Our military has failed in every insurgency. And that was during a time of never before seen asymmetric strength.

… f) In the very near future, the choice that the government, and the people would(may,will) face, is losing a world war or satisfaction of domestic conflict by restoration of the pre-civil-war constitution, to an alliance of sovereign states, guaranteed a republican government, defense of natural rights (not wanted rights), and the right to produce their own policy, commons, and culture as they see fit.

… g) because after all, a culture war only exists, because the states were deprived by way of dictate not constitution, of their right to produce the informal institutions that they prefer. The USA used west germanic (British) law to enact a copy of the germanic holy roman empire, which survived for 1000 years, until napoleon destroyed it.

And FWIW, I’ve done a revolution. The minute a democratic government shoots at you, you win.

Cheers

-FIN-