Easy guide to nullification & secession

Easy guide to nullification & secession

In light of current acts of Congress, believed to be unauthorized by the Constitution, and against the wishes of the people of the various States, there has been talk of nullifying these laws. To that end, I have tried to make it easier to compile the needed paperwork to reestablish the rights of the States.
Nullification is one of the most extreme positions of the states' rights philosophy. It is based upon the belief that the Union was a voluntary joining of sovereign states and that those states had the right to nullify, or invalidate, within their boundaries any unconstitutional actions of the federal government. This view is an extension of Jefferson's belief in the supremacy of individual and states' rights over federal governmental powers.
As James Madison states in the Federalist papers, #39
It appears, on the one hand, that the United States Constitution is to be founded on the assent and ratification of the people of America, given by deputies elected for a special purpose; but, on the other, that this assent and ratification is to be given by the people, not as individuals composing the entire nation, but as composing the distinct and independent states to which they respectively belong. It is to be the assent and ratification of the several States, derived from the supreme authority in each States,-the authority of the people themselves.
In the preamble to the Constitution, it is stated “to create a more perfect union”. This is used by some to indicate that since the Articles of Confederation were perpetual, then the United States Constitution must be perpetual.
But this feature did not prevent breaking up the Confederation by secession of the several States so they might be free to form a new union. Commenting on the Confederation, Alexander Hamilton lamented “Resting on no better foundation than the consent of several legislatures, it has been exposed to frequent and intricate questions concerning the validity of its powers, and has in some instances given birth to the enormous doctrine of legislative repeal. Owing its ratification to the law of a State, it has been contended that the same authority might repeal the law by which it was ratified. However gross a heresy it may be that a party to a compact has a right to revoke that compact; the doctrine itself has respectable advocates.
The nullification concept was first raised by the Virginia and Kentucky Resolutions in 1798-99 in reaction to the Alien and Sedition Acts. In 1809-10 nullification was briefly revived by New England states which opposed a national embargo (Non-Intercourse Act).
The concept returned in Southern reactions to the Tariff of 1828, the Tariff of 1832.
The right of nullification, was a cautious and gradual kind of secession actually understood at the time of the formation of the United States Constitution, as an extraordinary mode of redress against unconstitutional acts within or of the Union in a case of unusual magnitude where, due to the passions of the day, or the very nature of the question, normal modes of redress by petition or litigation could not be effective and beneficial. If nullification did not produce results, then secession would follow. It was a process known to have three distinct stages:
1; There might be an act of formal protest adopted by the legislature of an offended State, promulgating a solemn declaration identifying the offensive acts of the government of the Union or of sister States as unconstitutional and injurious, and concluding with an appropriate demand for redress, lest further measures become necessary.
2; If interposition should fail to induce justice, the legislature of the offended State might then issue a summons for election and assembly of the People in Convention, which could then meet, and, by command of supreme and irresistible authority, adopt an ordinance of nullification, declaring the unconstitutional acts null and void, and authorizing or directing the government of the State to proceed with concrete measures to obstruct any further implementation of the wrongful acts within her territory.
3; if the ordinance of nullification should fail to restore proper balance between the Union and the State, the People in Convention could then, by act of sovereign power, as the means of enforcing the nullification. Adopt an ordinance of secession, lawfully withdrawing the State from the Union.
You can send a copy of these form letters to your state Governor and Attorney General for their files. Without specifics anywhere in this article, it can just as easily be used 20 years from now as it is today. The following forms can be used by the States as a guideline for their own objections.
Nullification form letter
Whereas the Congress of the United States by (statement of offences, being as explicit as possible). And whereas the said Congress, exceeding its just power to (statement of Constitutional authority)for the purpose of effecting and accomplishing the specific objects and purposes which the Constitution of the United States authorizes it to effect and accomplish, has exceeded the powers of authorized by the Constitution.
We, therefore, the people of the State of( name of state), in convention assembled, do declare and ordain and it is hereby declared and ordained, that the several acts and parts of acts of the Congress of the United States, (state offensive laws or statues)approved on ( date of offense) are unauthorized by the Constitution of the United States, and violate the true meaning and intent thereof and are null, void, and no law, nor binding upon this State, its officers or citizens; and all promises, contracts, and obligations, made or entered into, or to be made or entered into, with purpose to secure the duties imposed by said acts, and all judicial proceedings which shall be hereafter had in affordance thereof, are and shall be held utterly null and void.
And it is further ordained, that it shall not be lawful for any of the constituted authorities, whether of this State or of the United States, to enforce the said acts within the limits of this State; but it shall be the duty of the legislature to adopt such measures and pass such acts as may be necessary to give full effect to this ordinance, and to prevent the enforcement and arrest the operation of the said acts and parts of acts of the Congress of the United States within the limits of this State, from and after the ( date for enactment) and the duties of all other constituted authorities, and of all persons residing or being within the limits of this State, and they are hereby required and enjoined to obey and give effect to this ordinance, and such acts and measures of the legislature as may be passed or adopted in obedience thereto.
And it is further ordained, that in no case of law or equity, decided in the courts of this State, wherein shall be drawn in question the authority of this ordinance, or the validity of such act or acts of the legislature as may be passed for the purpose of giving effect thereto, or the validity of the aforesaid acts of Congress, shall any appeal be taken or allowed to the Supreme Court of the United States, nor shall any copy of the record be permitted or allowed for that purpose; and if any such appeal shall be attempted to be taken, the courts of this State shall proceed to execute and enforce their judgments according to the laws and usages of the State, without reference to such attempted appeal, and the person or persons attempting to take such appeal may be dealt with as for a contempt of the court.
And it is further ordained, that all persons now holding any office of honor, profit, or trust, civil or military, under this State (members of the legislature excepted), shall, within such time, and in such manner as the legislature shall prescribe, take an oath well and truly to obey, execute, and enforce this ordinance, and such act or acts of the legislature as may be passed in pursuance thereof, according to the true intent and meaning of the same, and on the neglect or omission of any such person or persons so to do, his or their office or offices shall be forthwith vacated, and shall be filled up as if such person or persons were dead or had resigned; and no person hereafter elected to any office of honor, profit, or trust, civil or military (members of the legislature excepted), shall, until the legislature shall otherwise provide and direct, enter on the execution of his office, or be he any respect competent to discharge the duties thereof until he shall, in like manner, have taken a similar oath; and no juror shall be impaneled in any of the courts of this State, in any cause in which shall be in question this ordinance, or any act of the legislature passed in pursuance thereof, unless he shall first, in addition to the usual oath, have taken an oath that he will well and truly obey, execute, and enforce this ordinance, and such act or acts of the legislature as may be passed to carry the same into operation and effect, according to the true intent and meaning thereof.
And we, the people of(name of State), to the end that it may be fully understood by the government of the United States, and the people of the co-States, that we are determined to maintain this our ordinance and declaration, at every hazard, do further declare that we will not submit to the application of force on the part of the federal government, to reduce this State to obedience, but that we will consider the passage, by Congress, of any act authorizing the employment of a military or naval force against the State of(name of State), her constitutional authorities or citizens, or any other act on the part of the federal government, to coerce the State, destroy or harass her commerce or to enforce the acts hereby declared to be null and void, otherwise than through the civil tribunals of the country, as inconsistent with the longer continuance of (name of State)in the Union; and that the people of this State will henceforth hold themselves absolved from all further obligation to maintain or preserve their political connection with the people of the other States; and will forthwith proceed to organize a separate government, and do all other acts and things which sovereign and independent States may of right do.
Done in convention at (name of city), on (date).
Form letter to Secession:
P283; We, the People of the State of (enter state name), in Convention assembled, do declare and ordain, and hereby declared and ordained, that the Ordinance adopted by us in Convention on (date of nullification ordinance passed), whereby the Constitution of the United States of America was ratified, and also all Acts of the General Assembly of this State ratifying amendments to the said Constitution, are hereby repealed, and the Union now subsisting between (name of State) and other States under the name of the United States of America, is hereby dissolved