LITTLE ROCK — Much has been
written and discussed on the issue of secession petitions in the past
few weeks, and it seems that very few citizens on either side of the
argument understand the facts concerning this right. The first and
foremost truth that should be acknowledged regarding this topic is the
verdict of secession being legal or illegal. Since this issue comes
under the jurisdiction of the American Constitution, let’s start in
1776.

After a long train of tyrannical acts by England, the colonists
started seriously discussing a separation from the British empire. As we
should all know by now, Thomas Jefferson penned the Declaration of
Independence, which offered a legal defense for secession. Mr. Jefferson
plainly stated: “That 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. . . .” Most people only
read the preamble to this magnificent American document, but one needs
to read it completely to fully understand what the colonists were
rightfully aggrieved over and their need for a secession from England.

After winning our War of Independence, the now-sovereign states
drafted and ratified the Articles of Confederation as their newly formed
government, our first Union. Note that not one state was coerced into
joining this confederacy. The Articles of Confederation stated that it
would form a “perpetual union,” but the union it created was not
perpetual. It lasted from March 1, 1781, until all the states that were
members of it had seceded from it to form a new union under the
Constitution of 1787. Again, not one state was coerced into joining the
new union or remaining a sovereign state.

After nine states, individually and not collectively, had ratified
the Constitution of 1787, this new government was now the law of the
land, but recognized only by those states that ratified it in their
respective state conventions. Furthermore several states specifically
reserved in their state constitutions the right of secession, and this
reservation, according to the rules of law, was ensured to the benefit
of the other states as well. A denial of the right of secession is a
denial of sovereignty, and secession was an obvious power reserved to
the states under the 10th Amendment.

A definitive explanation of all of this is a book titled A View of
the Constitution, written by federal abolitionist judge, William Rawle
of Pennsylvania, who was a contemporary of George Washington and
Benjamin Franklin and their personal friend. Mr. Rawle devotes an entire
chapter on how a state may lawfully secede from the American Union. He
plainly states that this event is decided by the will of the people of
their respective states and not by Congress or a president. Also,
Article VI of the Constitution articulates “that this Constitution . . .
shall be the supreme Law of the Land.”

Most people wrongly consider that the war in 1861 settled the issue
of secession forever. According to Article V of the Constitution, only
three-fourths of the several states can ratify or alter this document,
not the U.S. military, the president, Congress or the judiciary. In
other words, if secession was legal before the Civil War, it still is
today. Also, for any action to be deemed as unlawful, it must be
codified in law. That’s why we have elected representatives at the state
and federal level; to make certain actions illegal such as murder,
arson, robbery, speeding, texting while driving, etc. According to my
study of American history, no Congress yet has made it a crime to agree
with Thomas Jefferson.

Secession is a political divorce, and no union, whether it be a
marriage, business partnership, or union of states is irrevocable. Any
and all can be dissolved. The folly of the secession petitions is it
seems citizens are requesting permission to divorce themselves from the
federal government. No state needs this authorization from their
respective partners, and if one does not have the right to secede, it is
no longer free.

Fidelity to the Constitution is what holds the union together and
should be consensual. Unfaithfulness by any of its parties can justify
its disunion. I am in no way advocating any state leave this union, just
stating the legality of it and letting the readers absorb what I’ve
written and form their own opinions. I believe Patrick Henry said it
best: “The first thing I have at heart is American liberty; the second
thing is American union.” In a liberty-based society, liberty always
trumps government.

—–––––

Loy Mauch represents District 26 in the Arkansas legislature.

Editorial, Pages 13 on 12/28/2012