DAILY MAUL: Arizona Legislators Introduce Secession Bill (HCR 2034)
Submitted by Rob Williams on Tue, 05/13/2008 - 12:20pm.
Things on the secession front are beginning, perhaps, to look even more hopeful today.
Look no further than Arizona, home to possible president John McCain.
This legislation was introduced to the Arizona state legislature back in 2000.
The language of this bill
is dead on. Our Founding Fathers and Mothers would be pleased.
Vermonters might do well to press for a similar bill in our own statehouse.
Introduced by Representatives Johnson, Cooley
A CONCURRENT RESOLUTION HCR 2034
PROPOSING THE DISSOLUTION OF THE FEDERAL GOVERNMENT OF THE UNITED STATES OF AMERICA IF CERTAIN CONDITIONS OCCUR.
Whereas, on July 4, 1776, our founding fathers proclaimed that the
people had the right to alter or abolish their government and declared
thirteen British colonies to be free and independent, or sovereign,
states; and
Whereas, on March 1, 1781, the thirteen states formed a central
government they called the United States of America under a charter
known as the Articles of Confederation and Perpetual Union, which
stated that "each state retains its sovereignty, freedom and
independence"; and
Whereas, on September 17, 1787, the leaders of the Continental Congress
signed the present Constitution of the United States, which was then
transmitted to the thirteen states for ratification and the formation
of a new central government; and
Whereas, several of the states delayed ratification of the Constitution
and three states made clear their position regarding sovereignty by
stating that "the powers of government may be resumed by the people
whensoever it shall become necessary to their happiness"; and
Whereas, eventually all thirteen of the independent states ratified the
Constitution of the United States and joined the new Union, while
retaining their sovereignty as states. The states made the new central
government sovereign only to the extent that the states delegated to it
limited and specific powers; and
Whereas, the Constitution of the United States is merely a treaty among
sovereigns, and under treaty law when one party violates the treaty the
other parties are automatically released from further adherence to it
unless they wish to continue; and
Whereas, the fifty current principals, or signatories, to the treaty
have done well in honoring and obeying it, yet the federal agent has,
for decades, violated it in both word and spirit. The many violations
of the Constitution of the United States by the federal government
include disposing of federal property without the approval of Congress,
usurping jurisdiction from the states in such matters as abortion and
firearms rights and seeking control of public lands within state
borders; and
Whereas, under Article V, Constitution of the United States,
three-fourths of the states may abolish the federal government. In the
alternative, if the states choose to exercise their inherent right as
sovereigns, fewer than thirty-eight states may lawfully choose to
ignore Article V, Constitution of the United States, and establish a
new federal government for themselves by following the precedent
established by Article VII, Constitution of the United States, in which
nine of the existing thirteen states dissolved the existing Union under
the Articles of Confederation and automatically superceded the Articles.
Therefore
Be it resolved by the House of Representatives of the State of Arizona, the Senate concurring:
1. That when or if the President of the United States, the Congress of
the United States or any other federal agent or agency declares the
Constitution of the United States to be suspended or abolished, if the
President or any other federal entity attempts to institute martial law
or its equivalent without an official declaration in one or more of the
states without the consent of that state or if any federal order
attempts to make it unlawful for individual Americans to own firearms
or to confiscate firearms, the State of Arizona, when joined by
thirty-four of the other fifty states, declares as follows: that the
states resume all state powers delegated by the Constitution of the
United States and assume total sovereignty; that the states re-ratify
and re-establish the present Constitution of the United States as the
charter for the formation of a new federal government, to be followed
by the election of a new Congress and President and the reorganization
of a new judiciary, similarly following the precedent and procedures of
the founding fathers; that individual members of the military return to
their respective states and report to the Governor until a new
President is elected; that each state assume a negotiated, prorated
share of the national debt; that all land within the borders of a state
belongs to the state until sold or ceded to the central government by
the state's Legislature and Governor; and that once thirty-five states
have agreed to form a new government, each of the remaining fifteen be
permitted to join the new confederation on application.
2. That the Secretary of State of the State of Arizona transmit copies
of this Resolution to the President of the United States, the President
of the United States Senate, the Speaker of the United States House of
Representatives and each Member of Congress from the State of Arizona.
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Unfortunately, this bill is from 2000 (rather old news).
I like the general idea and the conditions under which secession would be undertaken; but a State that uses it should reserve the right to secede on its own, without attempting to reconstitute the union.
Decentralism desires government that is strongest at the most local level. To rebuild the United States might set the clock back a few decades; but the old empire would re-emerge as new political alliances are forged.
Harold Thomas
The Ohio Republic
ohiorepublic@blogspot.com