A pragmatic path to independence

NH Exit
#1

Recently I viewed the video of committee responsible for reviewing CACR-32. I was struck by the amount of misinformation on the part of the committee, and by the lack of adequate response from the liberty community in attendance.

I believe that the case for secession has already been made. As in the original American Declaration of Independence, a long list of grievances against the reigning rulers has been compiled. What I do not see is a substantial plan for how we can achieve that independence.

I believe that the amendment proposed in CACR-32 was a good start, but that not all of the consequences have been thought through, nor have all of the consequences have been understood by our legislators. The most glaring misunderstanding, I think, is that the committee members kept coming back to the idea that CACR-32 would create contradictions in Article 7, as well as other parts of the New Hampshire constitution.

I would like to take each point in CACR-32 and discuss it in detail, as it arises in the written form. Since this is a New Hampshire constitution amendment, I will begin with its effect on the New Hampshire Constitution itself.

Constructive criticism would be greatly appreciated, to the benefit of all interested parties.

Statement of the amendment:
[Art.] 7-a. [Independent Nation.] New Hampshire peaceably declares independence from the United
States and immediately proceeds as a sovereign nation. All other references to the United States in this constitution, state statutes and regulations are nullified.”

[Art.] 7-a. [Independent Nation.] New Hampshire peaceably declares independence from the United
States…

The New Hampshire constitution already contains the seeds of independence. Part First Article 7 reads:
“The people of this State have the sole and exclusive right of governing themselves as a[n]… independent State; and do, and forever hereafter shall, exercise and enjoy every power, jurisdiction, and right, pertaining thereto…”

Note that they declare that New Hampshire is an independent state . This means that they are independent of all other states . It does not mean that they are claiming to be an independent nation .

Part First Article 7 goes on:
“…and do, and forever hereafter shall, exercise and enjoy every power, jurisdiction, and right, pertaining thereto, which is not, or may not hereafter be, by them expressly delegated to the United States of America in Congress assembled.”

Signing consent to the US constitution “expressly delegate[s]” and gives “jurisdiction” to “exercise and enjoy every power… and right pertaining” to the independence of the state to the United States. Since the US constitution contains a means for amending itself, consenting to the US constitution binds the states to accept any/all amendments to the US constitution.

Article 7 also says:
“The people of this State have the sole and exclusive right of governing themselves as a free, sovereign, and independent State; …”

While signing on to the constitution would give authority to the “United States of America in Congress assembled”, it does not delegate any “power, jurisdiction, and right” not expressly elucidated in the US Constitution. Legislation, and any regulation following from that legislation, that pertain to the “right of governing themselves as a free, sovereign, and independent State” are unenforceable without expressed consent of “themselves”.

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#2

[Art.] 7-a. [Independent Nation.] New Hampshire… immediately proceeds as a sovereign nation.
The LSR already accepts that AT THE PRESENT TIME, New Hampshire exists as a sovereign state of the United States of America.

In order to become a sovereign nation , New Hampshire would have to reject the authority of the US constitution. In doing so they would also renounce their delegation of “power, jurisdiction, and right, pertaining thereto”.

“Nullifying” all references to the “United States” “in this constitution, state statutes, and regulations” would eliminate the section of Article 7 that says: “… which is not, or may not hereafter be, by them expressly delegated to the United States of America in Congress assembled” would leave just:

[Art.] 7. [State Sovereignty.] The people of this State have the sole and exclusive right of governing themselves as a free, sovereign, and independent State; and do, and forever hereafter shall, exercise and enjoy every power, jurisdiction, and right, pertaining thereto.
7-a. [Independent Nation.] New Hampshire peaceably declares independence from the United States and immediately proceeds as a sovereign nation. All other references to the United States in this constitution, state statutes, and regulations are nullified.

The nullification gives assurance that there is no internal contradiction.
Inclusion of the phrase “All other” assures that 7-a would not be self-nullifying.

#3

There are other parts of the New Hampshire constitution that would be affected by Article 7-a.
Only the affected portions are quoted below.

[Art.] 11. [Elections and Elective Franchises.]
… No person shall have the right to vote under the constitution of this
state who has been convicted of treason, bribery or any willful violation
of the election laws of … the United States; but the supreme
court may, on notice to the attorney general, restore the privilege to vote
to any person who may have forfeited it by conviction of such offenses.

The only change CACR-32 would make is that persons who have been convicted of “any willful violation of the election laws … of the United States” would now be able to vote without having to have the privilege restored by the New Hampshire supreme court, barring any other convictions for “…treason, bribery or any willful violation of the election laws of this state…”

[Art.] 9. [Representatives Elected Every Second Year; Apportionment of Representatives.] As soon as possible after the convening of the next regular session of the legislature, and at the session in 1971, and every ten years thereafter, the legislature shall make an apportionment of representatives
according to the last general census of the inhabitants of the state taken by authority of the United States or of this state.

7-a would essentially require a census to be “… taken by authority of this state”, in order to “… make an apportionment of representatives…”

[Art.] 9-a. [Legislative Adjustments of Census with Reference to Non-Residents.]
The general court shall have the power to provide by statute for making suitable adjustments to the general census of the inhabitants of the state taken by the authority of the United States … on account of non residents temporarily residing in this state.

7-a simply eliminates use the United States census “…for making suitable adjustments to the general census of the inhabitants of the state…”, and would instead rely on a “… general census of the inhabitants of the state taken by the the authority of this state…”. The general court is not mandated to actually make “…suitable adjustments to the general census…”, but simply gives them the power to do so.

[Art.] 51. [Powers and Duties of Governor as Commander-in-Chief.]
The governor of this state for the time being, shall be commander-in-chief
of all the military forces of the state; and shall have full power, by himself
or by any chief commander, or other officer or officers, from time to time
“… to execute the laws of the state and of the United States…”

7-a would remove the “… power, by himself or by any chief commander or other officer or officers, from time to time…to execute the laws… of the United States… by himself or by any chief commander, or other officer or officers…”.

[Art.] 84. [Oath of Civil Officers.] Any person chosen governor, councilor,
senator, or representative, military or civil officer, (town officers excepted)
accepting the trust, shall, before he proceeds to execute the duties of his office,
make and subscribe the following declaration, viz.
I, A.B. do solemnly swear, that I will bear faith and true allegiance to the
United States of America and the state of New Hampshire, and will support
the constitution thereof. So help me God.
Any person having taken and subscribed the oath of allegiance, and the same being filed in the secretary’s office, he shall not be obliged to take said oath again.
Amended 1970 adding allegiance to the United States of America.

A simple change, but with perhaps far-reaching ramifications. The amendment adding “… allegiance to the United States of America…” is relatively recent.

7-a would remove the requirement to “…bear faith and true allegiance to the United States of America…”.

Question: Would passage of 7-a invalidate the oath to “…bear faith and true allegiance to the United States of America…”, or would they need to continue to end of their current term of office before taking the amended oath? The wording of this article states that “Any person having taken and subscribed the oath of allegiance, and the same being filed in the secretary’s office, he shall not be obliged to take said oath again.” If an officer is re-elected/re-appointed to any office, may they substitute the amended oath for the old oath?

It appears that since an officer would no longer be required to “…bear faith and true allegiance to the United States of America…”, there is no legal recourse if they break that vow.

[Art.] 95. [Incompatibility of Certain Offices.] No … person holding any office under the United States, including any person in active military service, shall at the same time hold the office of governor, or have a seat in the senate, or house of representatives, or council; but his being chosen and appointed to, and accepting the same, shall operate as a resignation of his seat in the chair, senate, or house of representatives, or council; and the place so vacated shall be filled up.

7-a would remove the impediment to holding office of “… any person holding any office under the United States, including any person in active military service…”.

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#4

Good question about would officers have to take the oath anew. Probably a good idea to require that for all bureaucrats once it passes. Regarding the state reps, they’d be re-oathed upon re-election, as is the normal procedure, so they’d be covered.

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#5

7-a further states: All other references to the United States in state statutes … are nullified.”

RSA Title I Chapter 1 State Boundaries would have to be eliminated in its entirety, because it is based entirely on land surveys, US Supreme Court cases, aerial surveys conducted by the United States, etc. While this doesn’t sound like a big deal, it could be.

So far, 7-a simply “declares independence from the United States”, but that declaration will most assuredly be challenged in US courts, specifically the US Supreme Court. If we are to proceed with LEGAL separation from Washington, we will need to to define the geographic area known as the “State of New Hampshire”, so that we can define just what lands and waters will be separated from the United States. That geographic area will have to be the geographic area recognized by the United States government. Chapter 1 defines the area accepted by the United States as being the “State of New Hampshire”, and will have to be the area defended in any challenge by the United States.

A word search for “United States” at Revised Statutes Online Search produces 1520 results. That is far too many to discuss in detail on this forum, at least at this time. Many of them (like Chapter 1) might have a profound effect on the bid to become independent.

For these reasons I suggest that in future proposed amendments like 7-a, we delete any reference to the “state statutes and regulations”, leaving that sentence as " All other references to the United States in this constitution are nullified.”

I will be looking at all 1520 references in detail in the future, but I consider it inexpedient to do so at the present time. Statutes and regulations are far more easily changed than either the New Hampshire or United States constitutions.

Nullifying some of the statutes, like Chapter 1, could actually retard our chances of gaining legal acceptance for our bid for independence.

#6

The discussion of secession thus far has focused on whether or not the New Hampshire constitution contains any impediment to secession from the “United States”, and potential removal of those impediments.

It is necessary to discuss what it means to secede from the United States. What is meant by the “United States”, and what is meant by “secession” from the United States?

Articles of Confederation and perpetual Union
between the States of Newhampshire,
Massachusettsbay, Rhodeisland and Providence
Plantations, Connecticut, New-York, New-Jersey,
Pennsylvania, Delaware, Maryland, Virginia,
North-Carolina, South-Carolina and Georgia.

ARTICLE I. The stile of this confederacy shall be “The United States of America.”

The Preamble to the United States Constitution:
“We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.”

The “United States” is thus defined as the union of states adhering to the Articles of Confederation, and later to “this Constitution for the United States of America”.

Article VII of the US constitution states that “The Ratification of the Conventions of nine States, shall be sufficient for the Establishment of this Constitution between the States so ratifying the Same.”

The US constitution redefined the “United States” as the union of states ratifying the constitution. Any states of the original United States of America under the Articles of Confederation that did not ratify the new constitution were not bound to the new union.

New Hampshire ratified the US constitution on June 21, 1788.

“Secession” from the “United States” can thus be seen as withdrawing ratification, or agreement with, United States constitution.

#7

Part First Article 7 of the New Hampshire constitution is currently an impediment to secession, because it expressly allows delegation of some or all “…power, jurisdiction, and right… to the United States of America in Congress assembled.”

Part Second Articles 9, 11, 51, 95, although they include references to the United States, do not expressly cede to the United States any particular power, jurisdiction, or right; nor do they mandate any connection to the United States or the US constitution

Part Second Article 84 is currently an impediment to secession, because it expressly mandates allegiance to the union defined by the US constitution, and support for the US constitution.

Part First Article 7 is a concession by New Hampshire to the United States. By signing on to the Constitution, New Hampshire ceded certain powers, jurisdiction, and rights to the United States.

Part Second Article 84 is mandated by the United States constitution Article 6:
The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both to the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.

Part First Article 7 defines the cession of rights, jurisdiction, and rights included in the US constitution that Part Second Article 84 requires certain officers in the states to recognize and support.

Part Second Article 84 mandates an oath to “… bear faith and true allegiance to the United States of America and the state of New Hampshire, and will support the constitution thereof.”

Part First article 7 and Part Second article 84 are thus inextricably bound to each other.

“… allegiance to the United States of America…” in Part Second Article 84 of the New Hampshire constitution is not mandated by Article 6 of the US constitution.

Secession thus reduces to just one point: Secession that does not violate the oath of certain state officers, as defined in the New Hampshire constitution Part Second Article 84.

Secession would by its very nature rescind ceded powers, jurisdiction, and rights previously ceded to the United States government.

#8

you might want to email this to the Reps that could the info.

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#9

It’s going to be a while, as I expect to attempt a detailed analysis, and one that would be useful in practice, but I am actually compiling this in an OpenOffice file as I go. Once I complete it, it will be available as a whole. There is still a long way to go, including incursions into the United States Code.

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#10

Second Part Article 84 was “Amended 1970 adding allegiance to the United States of America.”

I have not found the history of this amendment, nor found the reasons for the amendment. Any information on this would be greatly appreciated… I’m sure that info is out there someplace.

Oaths of allegiance are not uncommon, and from these oaths we can get some idea of what is meant by “allegiance to the United States”.

The first example is from New Hampshire Historical Society - Oath of allegiance to the United States of America, 1781 December 29 - Oath of allegiance to the United States of America, 1781 December 29 from New Hampshire, 1781.

It reads I A.B. DO SOLEMNLY SWEAR, That I Do renounce, refuse and abjure, any Allegiance, or Obedience to George the Third King of Great-Britain ; and that I will to the utmost of my Power, support, maintain and defend the Independence of all the United States of AMERICA, as the same was set forth by the Continental Congress, in their Declaration of the fourth of July, One Thousand Seven Hundred and Seventy-six. And I DO promise that I will bear Faith and true Allegiance to the State of New-Hampshire, during my Residence therein; and will disclose and make known to some Magistrate acting under said State, all Treasons and Conspiracies, which I shall know to be against the United States, or any one of them, as Independent of the Crown of Great-Britain. And these Things I do Swear according to the plain and common Sense of the Words, without any Equivocation or secret Reservation whatsoever; upon the true Faith of a Christian. So help me G O D.

The second example is the military Oath of Enlistment for enlisted personnel.

“I, _______, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; and that I will obey the orders of the President of the United States and the orders of the officers appointed over me, according to the regulations and the Uniform Code of Military Justice. So help me God.”

The third example is the “Naturalization Oath of Allegiance to the United States of America”

“I hereby declare, on oath, that I absolutely and entirely renounce and abjure all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty, of whom or which I have heretofore been a subject or citizen; that I will support and defend the Constitution and laws of the United States of America against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I will bear arms on behalf of the United States when required by the law; that I will perform noncombatant service in the Armed Forces of the United States when required by the law; that I will perform work of national importance under civilian direction when required by the law; and that I take this obligation freely, without any mental reservation or purpose of evasion; so help me God.”

The core of all of these is support and defense of the constitution of the United States against all enemies, foreign and domestic. Those areas that are specific to a particular oath are covered by the United States constitution, such as acknowledging the president of the US as the commander-in-chief, espionage, treason, etc.

Article 84 also also requires the officers to “… bear faith and true allegiance to the United States of America and the state of New Hampshire, and will support the constitution thereof.” Note that this oath is to support the constitutions of both the United States and the state of New Hampshire, or is at least vague in that respect.

The oath in article 84 seems to be redundant in requiring the officers to support the US constitution, and the laws of the United States. Since we are attempting to proceed constitutionally, and within the laws of both the United States and New Hampshire, I believe that this should nullify any accusation of rebellion, insurrection, treason, or otherwise.

#11

I just noticed something interesting about these oaths of allegiance, and article 84. In the examples cited it can be said that the “oath of allegiance” is what is proclaimed by the wording of that oath.

In article 84 it states that the officers must swear an “oath of allegiance”, but does not provide any wording for that oath. It’s as if the only words in that oath are “I swear an oath of allegiance”.

I have quoted only the parts of various articles that I have found had a bearing on the question of independence/secession. Article 84 has another part that bears on the question of penalty for breaking that oath:

" Provided always, when any person chosen or appointed as aforesaid shall be of the denomination called Quakers, or shall be scrupulous of swearing, and shall decline taking the said oaths, such person shall take and subscribe them, omitting the word “swear,” and likewise the words “So help me God,” subjoining instead thereof, “This I do under the pains and penalties of perjury.”

I wonder, if the penalty for Quakers breaking that oath is simply indictment for perjury, would this also be the penalty for non-Quakers? I assume it would.

Thus, there is no question of treason in simply breaking this oath. There has to be a treasonous act which would form the basis for the accusation of breaking the oath, but simply breaking the oath is not treasonous itself, but would be considered perjury.

#12

Hopefully I have addressed all arguments that might be made against secession, or the process of attaining separation, from the Union, to be found in the constitution of New Hampshire.

Comments about and constructive criticism of this analysis is solicited. That’s the reason for doing this in a public forum. If we were to proceed without full understanding of what we are doing, if there are any counter-arguments that we have not anticipated, if there are any unanswered questions, all will be for naught.

Some articles in the United States constitution contain references to laws that might be enacted in support of the constitution, or who is responsible for executing the laws that might be enacted ….

References to the constitution of the United States and laws of the United States will be drawn from the following web pages, or links from these pages:

http://uscode.house.gov/

The authority for the precedence of federal law(s) over any other law(s) is found in Article VI of the constitution.

“This Constitution, and the Laws of the United States which
shall be made in Pursuance thereof; and all Treaties made, or
which shall be made, under the Authority of the United States,
shall be the supreme Law of the Land; and the Judges in every
State shall be bound thereby, any Thing in the Constitution or
Laws of any State to the Contrary notwithstanding.”

With reference to the New Hampshire constitution Article 84, previously discussed, the requirement that officers of the states shall be bound by oath to support the US constitution is also found in Article VI:

“The Senators and Representatives before mentioned, and the
Members of the several State Legislatures, and all executive and
judicial Officers, both of the United States and of the several
States, shall be bound by Oath or Affirmation, to support this
Constitution; but no religious Test shall ever be required as a
Qualification to any Office or public Trust under the United States."

#13

Articles/amendments referencing the state(s) related to composition of the three branches, and elections of members – Articles I, II; 12th , 14th, 17th, 19th, 20th, 22nd, 23rd, 24th, 26th Amendments

Articles/amendments related to equality of the states and relations between the states – Article IV; 11th Amendment

Articles/amendments defining what the federal government MAY do – Articles I, II, III; 6th, 7th, 8th Amendments

Articles/amendments defining what the federal government may NOT do – Article I; 1st, 2nd, 3rd, 4th, 5th Amendments

Articles/amendments defining what the states MAY do – Article I; 14th Amendment

Articles/amendments referencing the states, and referring to matters not enumerated above – Articles IV, V, VI, VII; 10th, 14th, 15th, 16th, 18th, 21st Amendments

Articles/amendments not referencing the states – Article 3; 1st, 2nd, 3rd, 4th, 5th, 6th, 7th, 8th, 9th, 13th Amendments

Many of these are completely irrelevant to secession, and we can simply list them to dispense with them.

Articles I and II, and the 12th , 14th, 17th, 19th, 20th, 22nd, 23rd, 24th, 26th Amendments refer to the various branches of government, voting, and how elected officials are elected.

Article IV
Section 1
Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof.

Section 2
The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.
A Person charged in any State with Treason, Felony, or other Crime, who shall flee from Justice, and be found in another State, shall on Demand of the executive Authority of the State from which he fled, be delivered up, to be removed to the State having Jurisdiction of the Crime.
No Person held to Service or Labour in one State, under the Laws thereof, escaping into another, shall, in Consequence of any Law or Regulation therein, be discharged from such Service or Labour, but shall be delivered up on Claim of the Party to whom such Service or Labour may be due.

Eleventh Amendment
The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.

Some of these refer to individuals, not to the states as incorporated entities:

Article VI has already been referenced above.
The 1st amendment relates to freedom of religion, freedom of speech, peaceable assembly, and redress of grievances
The 2nd amendment relates to the right to bear arms
The 3rd amendment relates to the quartering of soldiers
The 4th amendment relates to unreasonable searches and seizures
The 5th amendment relates to double jeopardy, witnessing against oneself, due process, asset forfeiture
The 6th amendment relates to the right to a speedy trial
The 7th amendment relates to the right to a speedy trial
The 8th amendment relates to bail, excessive fines, and cruel and unusual punishments
The 13th amendment relates to slavery and involuntary servitude.

#14

Article III Section 3
Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.
The Congress shall have Power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted.

The wording “… shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort.” is somewhat vague, as it does not define what is meant by “…levying War…”.

The United States Code is not much help:
§2381. Treason
Whoever, owing allegiance to the United States, levies war
against them or adheres to their enemies, giving them aid
and comfort within the United States or elsewhere, is guilty
of treason and shall suffer death, or shall be imprisoned not
less than five years and fined under this title but not less than
$10,000; and shall be incapable of holding any office under
the United States.

§2383. Rebellion or insurrection
Whoever incites, sets on foot, assists, or engages in any
rebellion or insurrection against the authority of the United
States or the laws thereof, or gives aid or comfort thereto,
shall be fined under this title or imprisoned not more than
ten years, or both; and shall be incapable of holding any
office under the United States.

Section 2384 is somewhat more clear, indicating that the use of force is a primary consideration for understanding the nature of these types of crimes:

§2384. Seditious conspiracy
If two or more persons in any State or Territory, or in any
place subject to the jurisdiction of the United States, conspire
to overthrow, put down, or to destroy by force the Government
of the United States, or to levy war against them, or to oppose
by force the authority thereof, or by force to prevent, hinder, or
delay the execution of any law of the United States, or by force
to seize, take, or possess any property of the United States
contrary to the authority thereof, they shall each be fined under
this title or imprisoned not more than twenty years, or both.

§2385. Advocating overthrow of Government
Whoever knowingly or willfully advocates, abets, advises, or
teaches the duty, necessity, desirability, or propriety of
overthrowing or destroying the government of the United States
or the government of any State, Territory, District or Possession
thereof, or the government of any political subdivision therein,
by force or violence, or by the assassination of any officer of
any such government;

Some people might believe that simply talking about secession is tantamount to attempting to overthrow the government of the United States. In my view, secession is not an attempt to overthrow the government. After secession, the United States government will remain, intact, and with all the powers and responsibilities that it had before any state(s) secede.

For more on the laws regarding this type of activity, see

http://uscode.house.gov/browse/prelim@title18/part1/chapter115&edition=prelim

USC Title 18 Crimes And Criminal Procedure; and Appendix

CHAPTER 115-TREASON, SEDITION, AND SUBVERSIVE ACTIVITIES
Sec. 2381. Treason.
Sec. 2382. Misprision of treason.
Sec. 2383. Rebellion or insurrection.
Sec. 2384. Seditious conspiracy.
Sec. 2385. Advocating overthrow of Government.
Sec. 2386. Registration of certain organizations.
Sec. 2387. Activities affecting armed forces generally.
Sec. 2388. Activities affecting armed forces during war.
Sec. 2389. Recruiting for service against United States.
Sec. 2390. Enlistment to serve against United States.
Sec. 2391. Repealed.

#15

The second part of Article III section 3 of the US constitution – “…or in adhering to their Enemies, giving them Aid and Comfort.”, is easier to understand.

§2382. Misprision of treason
Whoever, owing allegiance to the United States and having
knowledge of the commission of any treason against them,
conceals and does not, as soon as may be, disclose and
make known the same to the President or to some judge
of the United States, or to the governor or to some judge
or justice of a particular State, is guilty of misprision of
treason and shall be fined under this title or imprisoned
not more than seven years, or both.

§2385. Advocating overthrow of Government
Whoever knowingly or willfully advocates, abets, advises,
or teaches the duty, necessity, desirability, or propriety of
overthrowing or destroying the government of the United
States or the government of any State, Territory, District
or Possession thereof, or the government of any political
subdivision therein, by force or violence, or by the assassination
of any officer of any such government; or
Whoever, with intent to cause the overthrow or destruction
of any such government, prints, publishes, edits, issues,
circulates, sells, distributes, or publicly displays any written
or printed matter advocating, advising, or teaching the duty,
necessity, desirability, or propriety of overthrowing or destroying
any government in the United States by force or violence, or
attempts to do so; or
Whoever organizes or helps or attempts to organize any
society, group, or assembly of persons who teach, advocate,
or encourage the overthrow or destruction of any such
government by force or violence; or becomes or is a member
of, or affiliates with, any such society, group, or assembly of
persons, knowing the purposes thereof-
Shall be fined under this title or imprisoned not more than
twenty years, or both, and shall be ineligible for employment
by the United States or any department or agency thereof, for
the five years next following his conviction.

If two or more persons conspire to commit any offense named
in this section, each shall be fined under this title or imprisoned
not more than twenty years, or both, and shall be ineligible for
employment by the United States or any department or agency
thereof, for the five years next following his conviction.

As used in this section, the terms “organizes” and “organize”,
with respect to any society, group, or assembly of persons,
include the recruiting of new members, the forming of new
units, and the regrouping or expansion of existing clubs,
classes, and other units of such society, group, or assembly
of persons.

Peaceful separation from the United States does not entail advocating overthrow of government. Once independence has been achieved, the United States government will remain intact, and will go on in the same manner as before separation.

We most certainly do not advocate destroying any government, especially by force or violence. Nor do we support anyone trying to do that. We are not printing, publishing, editing, issuing, circulating, selling, distributing, or publicly displaying “… any written or printed matter advocating, advising, or teaching the duty, necessity, desirability, or propriety of overthrowing or destroying any government in the United States by force or violence…”.

We are not organizing or helping or attempting “…to organize any society, group, or assembly of persons who teach, advocate, or encourage the overthrow or destruction of any such government by force or violence…”.

The key concept here is “force or violence”.

In the end, the definitions of “treason”, “insurrection” and “rebellion” are not sufficiently defined to comment on. There does seem to be an inherent requirement of force or violence.

There are other sections under USC Chapter 115 – Treason, Sedition, and Subversive Activities, but they are not relevant to the current discussion.

Case law might clarify many points of this analysis, but I have not even begun to look at that.

#16

Secession would change the number of states adhering to the compact we know as the US constitution.

Even disregarding the case of the Civil War, there are other ways of changing, including reducing, the number of states adhering to the US constitution.

United States constitution
Article VII
The Ratification of the Conventions of nine States,
shall be sufficient for the Establishment of this
Constitution between the States so ratifying the Same.

Article VII redefines which of the states that had ratified the Articles of Confederation would continue in the union known as the United States of America. The “… Establishment of this Constitution…” occurred when “The Ratification of the Conventions of nine States…” had been accomplished, and the establishment of the constitution would apply only to “…the States so ratifying the Same.” It was left to each of the 13 states adhering to the Articles of Confederation to decide whether or not they would continue as part of the United States. If they decided not to ratify the new constitution, they would not be considered as part of the United States.

In some respect this would have been the same as secession – those states that refused to ratify the new constitution would have been renouncing their voluntary association with the other states that did ratify.

United States Constitution
Article IV Section 3
New States may be admitted by the Congress into
this Union; but no new State shall be formed or
erected within the Jurisdiction of any other State;
nor any State be formed by the Junction of two or
more States, or Parts of States, without the Consent
of the Legislatures of the States concerned as well
as of the Congress.

Here we see two possibilities:

  1. New states formed from geographic regions that are currently not united under the US constitution as the United States. These new states would have to be admitted “… by the Congress into this Union…”
  2. New states formed from geographic regions that are currently united under the US constitution as the United States. These new states could not be admitted “…without the Consentof the Legislatures of the States concerned as well as of the Congress.”

In the second case, the “…Legislatures of the States concerned…” would have to agree to dissociate themselves from the United States before the new states could be formed. It is possible that this dissociation would be required only if the newly defined states are admitted to the Union, in the manner of a “Transfer On Death” clause would be executed.

In all of the examples given above, the number of states forming the United States would change.

If a state should secede without reforming into another state or states, this, too, would change the number of states.

Swearing an oath of allegiance to the constitution is not the same as swearing allegiance to the compact of states currently associated under that constitution. The states currently associated under that constitution can change.

#17

The remaining articles and amendments to the United States constitution relate to the rights, powers, duties, responsibilities, etc. of the United States, the several states, or the people.

Articles and amendments relating to taxes, imposts, duties, etc.

United States Constitution Article I
Section 8
The Congress shall have Power To lay and collect Taxes,
Duties, Imposts and Excises, to pay the Debts and provide
for the common Defence and general Welfare of the United
States; but all Duties, Imposts and Excises shall be uniform
throughout the United States;

Section 9
The Migration or Importation of such Persons as any of the
States now existing shall think proper to admit, shall not be
prohibited by the Congress prior to the Year one thousand
eight hundred and eight, but a Tax or duty may be imposed
on such Importation, not exceeding ten dollars for each Person.

No Capitation, or other direct, Tax shall be laid, unless in Proportion to the Census or enumeration herein before directed
to be taken.

No Tax or Duty shall be laid on Articles exported from any State.

Section 10
No State shall, without the Consent of Congress, lay any
Duty of Tonnage, keep Troops, or Ships of War in time of
Peace, enter into any Agreement or Compact with another
State, or with a foreign Power.

Section 10
No State shall, without the Consent of the Congress, lay
any Imposts or Duties on Imports or Exports, except what
may be absolutely necessary for executing it’s inspection
Laws: and the net Produce of all Duties and Imposts, laid
by any State on Imports or Exports, shall be for the Use of
the Treasury of the United States; and all such Laws shall
be subject to the Revision and Controul of the Congress.

Sixteenth Amendment
The Congress shall have power to lay and collect taxes on
incomes, from whatever source derived, without apportionment
among the several States, and without regard to any census
or enumeration.

#18

Articles and amendments relating to money and commerce

United States Constitution Article I
Section 8
The Congress shall have Power … To coin Money, regulate
the Value thereof, and of foreign Coin, and fix the Standard
of Weights and Measures;

Section 8
The Congress shall have Power … To provide for the
Punishment of counterfeiting the Securities and current
Coin of the United States;

Section 10
No State shall coin Money;

No State shall make any Thing but gold and silver Coin
a Tender in Payment of Debts;

United States Constitution Article I
Section 8
The Congress shall have Power … To borrow Money on
the credit of the United States;

Section 10
No State shall emit Bills of Credit;

United States Constitution Article I
Section 8
The Congress shall have Power … To regulate Commerce
with foreign Nations, and among the several States, and with
the Indian Tribes;

Section 9
No Preference shall be given by any Regulation of
Commerce or Revenue to the Ports of one State over
those of another: nor shall Vessels bound to, or from,
one State, be obliged to enter, clear, or pay Duties in
another.

United States Constitution Article I
Section 9
No Money shall be drawn from the Treasury, but in
Consequence of Appropriations made by Law; and
a regular Statement and Account of the Receipts and
Expenditures of all public Money shall be published
from time to time.

Section 9
No Bill of Attainder or ex post facto Law shall be passed.

Section 10
No State shall pass any Bill of Attainder, ex post facto Law,
or Law impairing the Obligation of Contracts.

Section 10
The Privilege of the Writ of Habeas Corpus shall not be
suspended, unless when in Cases of Rebellion or Invasion
the public Safety may require it.

#19

Articles and amendments relating to the military, war, etc.

United States Constitution Article I
Section 8
The Congress shall have Power … To declare War, grant
Letters of Marque and Reprisal, and make Rules concerning
Captures on Land and Water;

Section 10
No State shall enter into any Agreement or Compact with
another State, or with a foreign Power, or engage in War,
unless actually invaded, or in such imminent Danger as
will not admit of delay.

Section 10
No State shall grant Letters of Marque and Reprisal;

Section 8
The Congress shall have Power … To raise and support
Armies, but no Appropriation of Money to that Use shall
be for a longer Term than two Years;

To provide and maintain a Navy;
To make Rules for the Government and Regulation of
the land and naval Forces;

To provide for calling forth the Militia to execute the Laws
of the Union, suppress Insurrections and repel Invasions;

To provide for organizing, arming, and disciplining, the
Militia, and for governing such Part of them as may be
employed in the Service of the United States, reserving
to the States respectively, the Appointment of the Officers,
and the Authority of training the Militia according to the
discipline prescribed by Congress;

To exercise exclusive Legislation in all Cases whatsoever,
over such District (not exceeding ten Miles square) as may,
by Cession of particular States, and the Acceptance of
Congress, become the Seat of Government of the United
States, and to exercise like Authority over all Places purchased
by the Consent of the Legislature of the State in which the
Same shall be, for the Erection of Forts, Magazines, Arsenals,
dock-Yards, and other needful Buildings;–And

To make all Laws which shall be necessary and proper for
carrying into Execution the foregoing Powers, and all other
Powers vested by this Constitution in the Government of
the United States, or in any Department or Officer thereof.

#20

Miscellaneous articles and amendments

United States Constitution Article I
Section 9
No Title of Nobility shall be granted by the United States:
And no Person holding any Office of Profit or Trust under
them, shall, without the Consent of the Congress, accept
of any present, Emolument, Office, or Title, of any kind
whatever, from any King, Prince, or foreign State.

Section 10
No State shall … grant any Title of Nobility.

Section 10
No State shall enter into any Treaty, Alliance, or
Confederation;

Section 8
The Congress shall have Power …To establish an uniform
Rule of Naturalization, and uniform Laws on the subject of
Bankruptcies throughout the United States;
To establish Post Offices and post Roads;
To promote the Progress of Science and useful Arts, by
securing for limited Times to Authors and Inventors the
exclusive Right to their respective Writings and Discoveries;
To constitute Tribunals inferior to the supreme Court;
To define and punish Piracies and Felonies committed on
the high Seas, and Offences against the Law of Nations;

United States Constitution Article V
The Congress, whenever two thirds of both Houses shall
deem it necessary, shall propose Amendments to this
Constitution, or, on the Application of the Legislatures of
two thirds of the several States, shall call a Convention
for proposing Amendments, which, in either Case, shall be
valid to all Intents and Purposes, as Part of this Constitution,
when ratified by the Legislatures of three fourths of the several
States, or by Conventions in three fourths thereof, as the
one or the other Mode of Ratification may be proposed by the
Congress; Provided that no Amendment which may be made
prior to the Year One thousand eight hundred and eight shall
in any Manner affect the first and fourth Clauses in the Ninth
Section of the first Article; and that no State, without its
Consent, shall be deprived of its equal Suffrage in the Senate.