Parting Company
30. Apr, 2009 
8 Comments
by Walter Williams
Texas Gov. Rick Perry rattled cages when he suggested that Texans might at some point become so disgusted with Washington’s gross violation of the U.S. Constitution that they would want to secede from the union. Political hustlers, their media allies and others, who have little understanding, are calling his remarks treasonous. Let’s look at it.
When New York delegates met on July 26, 1788, their ratification document read, “That the Powers of Government may be resumed by the People, whensoever it shall become necessary to their Happiness; that every Power, Jurisdiction and right which is not by the said Constitution clearly delegated to the Congress of the United States, or the departments of the government thereof, remains to the People of the several States, or to their respective State Governments to whom they may have granted the same.”
On May 29, 1790, the Rhode Island delegates made a similar claim in their ratification document. “That the powers of government may be resumed by the people, whensoever it shall become necessary to their happiness: That the rights of the States respectively to nominate and appoint all State Officers, and every other power, jurisdiction and right, which is not by the said constitution clearly delegated to the Congress of the United States or to the departments of government thereof, remain to the people of the several states, or their respective State Governments to whom they may have granted the same.”
On June 26, 1788, Virginia’s elected delegates met to ratify the Constitution. In their ratification document, they said, “The People of Virginia declare and make known that the powers granted under the Constitution being derived from the People of the United States may be resumed by them whensoever the same shall be perverted to their injury or oppression and that every power not granted thereby remains with them and at their will.”
As demonstrated by the ratification documents of New York, Rhode Island and Virginia, they made it explicit that if the federal government perverted the delegated rights, they had the right to resume those rights. In fact, when the Union was being formed, where the states created the federal government, every state thought they had a right to secede otherwise there would not have been a Union.
Perry is right when he says that there is no reason for Texas to secede. There are indeed intermediate actions short of secession that states can take. Thomas Jefferson said, “Whensoever the General Government assumes undelegated powers, its acts are unauthoritative, void, and of no force.”
That suggests that one response to federal encroachment is for state governments to declare federal laws that have no constitutional authority null and void and refuse to enforce them.
While the U.S. Constitution does not provide a specific provision for nullification, the case for nullification is found in the nature of compacts and agreements. Our Constitution represents a compact between the states and the federal government.
As with any compact, one party does not have a monopoly over its interpretation, nor can one party change it without the consent of the other. Additionally, no one has a moral obligation to obey unconstitutional laws. That’s not to say there is not a compelling case for obedience of unconstitutional laws. That compelling case is the brute force of the federal government to coerce obedience, possibly going as far as using its military might to lay waste to a disobedient state and its peoples.
Finally, here’s my secession question for you. Some Americans accept and have respect for the Tenth Amendment, which reads, “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”
Other Americans, the majority I fear, say to hell with the Tenth Amendment limits on the federal government. Which is a more peaceful solution: one group of Americans seeking to impose their vision on others or simply parting company?
Born in Philadelphia in 1936, Walter E. Williams holds a bachelor’s degree in economics from California State University (1965) and a master’s degree (1967) and doctorate (1972) in economics from the University of California at Los Angeles.
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Mr. Williams ask a great question: “Which is a more peaceful solution: one group of Americans seeking to impose their vision on others or simply parting company?”
Indeed that question: "Which is a more peaceful solution: one group of Americans seeking to impose their vision on others or simply parting company?"
Is a question that should be asked of anyone supporting a government "program" seeking to impose it's vision of how to manage peoples life's on others.
If they cannot respect the laws(constitutional) which protect our rights, then we will have little choice but to protect hoses rights by what ever means necessary, up to and including the uses of military force to separate ourselves from their usurpation of the same rights.
They should be made to wonder if we would not be of right and duty to resist such unconstitutional imposition with military force if necessary to protect our own rights and freedoms from their usurpation.
It is said and often demonstrated in history that government power flows from the the gun, if that is true as history has repeatability shown it to be, let them fear our guns, our States as a means of balancing that power.
Liberals who clam to believe in non-violence, and fear war, particularly should be made aware of the full cost in their own personal blood and treasure that they would be forced to pay in the suppression of our rights with their own will.
They appease our enemy because they have guns and the means to put hurt on us.
Let us become a threat of the same caliber to them so that they will will appease and respect us by upholding the Constitutional limitations on federal power to usurp our rights.
Let us be a republic, that "well armed lamb" contesting the legitimacy of the power to consume it and it's rights by the majority "wolfs."
In response to that same question, I say we run the length of all possible legal means within the Union. Then when those fail (which they will if the People fail to understand the issue), we pack up our Several States and go home.
That would leave the Lower Government as a Government of Nothing to die on the vine without our State’s revenue.
Unfortunately it’s to be expected that if and when States begin to separate themselves from DC, DC will try to hold the States by force. Let us hope and pray that nullification will provide the solution rather than having to fall completely onto the purpose of the Second Amendment.
Holding states by force is a very messy solution for DC. With the modern media and other non-mainstream outlets watching, I don’t think we are likely to see anything like the Civil War. At the most, I believe we would see prosecutions of state officials. Even that scenario, I think is a stretch. I’m hoping for a political shift in power for DC, and for the new leaders to remember the anger which has taken hold in the grassroots protests.
Rants, I think you make some great points. And, more specifically, we haven’t seen any violence in response to the outright resistance from a couple dozen states over the real id act. All that’s happened is the feds keep backing off little by little.
I love Walter Williams but I disagree with him as far as timing… “the system is BROKEN and can’t be fixed”… enough is enough… it’s time to part company. Personally being from the Southern state of Tennessee I have NOTHING in common with anyone from Oregon or Massachusetts. Why then am I expected to be governed by pinheads in Washington with “one-size-fits-all” laws!? It’s time to make the break!
I believe the writing is on the federal wall. I am convinced that it is time to part ways and leave the talking to fools like our new “comedian” senator whose entire value seems to wrapped up in his mouth.
Personally, I envision the federal government collapsing before a serious secession movement got off the ground. But, it’ll be interesting to see what happens in the coming years.