Constitutional Convention

Not-So-Random Thoughts (XX)

An occasional survey of web material that’s related to subjects about which I’ve posted. Links to the other posts in this series may be found at “Favorite Posts,” just below the list of topics.

In “The Capitalist Paradox Meets the Interest-Group Paradox,” I quote from Frédéric Bastiat’s “What Is Seen and What Is Not Seen“:

[A] law produces not only one effect, but a series of effects. Of these effects, the first alone is immediate; it appears simultaneously with its cause; it is seen. The other effects emerge only subsequently; they are not seen; we are fortunate if we foresee them.

This might also be called the law of unintended consequences. It explains why so much “liberal” legislation is passed: the benefits are focused a particular group and obvious (if overestimated); the costs are borne by taxpayers in general, many of whom fail to see that the sum of “liberal” legislation is a huge tax bill.

Ross Douthat understands:

[A] new paper, just released through the National Bureau of Economic Research, that tries to look at the Affordable Care Act in full. Its authors find, as you would expect, a substantial increase in insurance coverage across the country. What they don’t find is a clear relationship between that expansion and, again, public health. The paper shows no change in unhealthy behaviors (in terms of obesity, drinking and smoking) under
Obamacare, and no statistically significant improvement in self-reported health since the law went into effect….

[T]he health and mortality data [are] still important information for policy makers, because [they] indicate[] that subsidies for health insurance are not a uniquely death-defying and therefore sacrosanct form of social spending. Instead, they’re more like other forms of redistribution, with costs and benefits that have to be weighed against one another, and against other ways to design a safety net. Subsidies for employer-provided coverage crowd out wages, Medicaid coverage creates benefit cliffs and work disincentives…. [“Is Obamacare a Lifesaver?The New York Times, March 29, 2017]

So does Roy Spencer:

In a theoretical sense, we can always work to make the environment “cleaner”, that is, reduce human pollution. So, any attempts to reduce the EPA’s efforts will be viewed by some as just cozying up to big, polluting corporate interests. As I heard one EPA official state at a conference years ago, “We can’t stop making the environment ever cleaner”.

The question no one is asking, though, is “But at what cost?

It was relatively inexpensive to design and install scrubbers on smokestacks at coal-fired power plants to greatly reduce sulfur emissions. The cost was easily absorbed, and electricty rates were not increased that much.

The same is not true of carbon dioxide emissions. Efforts to remove CO2 from combustion byproducts have been extremely difficult, expensive, and with little hope of large-scale success.

There is a saying: don’t let perfect be the enemy of good enough.

In the case of reducing CO2 emissions to fight global warming, I could discuss the science which says it’s not the huge problem it’s portrayed to be — how warming is only progressing at half the rate forecast by those computerized climate models which are guiding our energy policy; how there have been no obvious long-term changes in severe weather; and how nature actually enjoys the extra CO2, with satellites now showing a “global greening” phenomenon with its contribution to increases in agricultural yields.

But it’s the economics which should kill the Clean Power Plan and the alleged Social “Cost” of Carbon. Not the science.

There is no reasonable pathway by which we can meet more than about 20% of global energy demand with renewable energy…the rest must come mostly from fossil fuels. Yes, renewable energy sources are increasing each year, usually because rate payers or taxpayers are forced to subsidize them by the government or by public service commissions. But global energy demand is rising much faster than renewable energy sources can supply. So, for decades to come, we are stuck with fossil fuels as our main energy source.

The fact is, the more we impose high-priced energy on the masses, the more it will hurt the poor. And poverty is arguably the biggest threat to human health and welfare on the planet. [“Trump’s Rollback of EPA Overreach: What No One Is Talking About,” Roy Spencer, Ph.D.[blog], March 29, 2017]

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I mentioned the Benedict Option in “Independence Day 2016: The Way Ahead,” quoting Bruce Frohnen in tacit agreement:

[Rod] Dreher has been writing a good deal, of late, about what he calls the Benedict Option, by which he means a tactical withdrawal by people of faith from the mainstream culture into religious communities where they will seek to nurture and strengthen the faithful for reemergence and reengagement at a later date….

The problem with this view is that it underestimates the hostility of the new, non-Christian society [e.g., this and this]….

Leaders of this [new, non-Christian] society will not leave Christians alone if we simply surrender the public square to them. And they will deny they are persecuting anyone for simply applying the law to revoke tax exemptions, force the hiring of nonbelievers, and even jail those who fail to abide by laws they consider eminently reasonable, fair, and just.

Exactly. John Horvat II makes the same point:

For [Dreher], the only response that still remains is to form intentional communities amid the neo-barbarians to “provide an unintentional political witness to secular culture,” which will overwhelm the barbarian by the “sheer humanity of Christian compassion, and the image of human dignity it honors.” He believes that setting up parallel structures inside society will serve to protect and preserve Christian communities under the new neo-barbarian dispensation. We are told we should work with the political establishment to “secure and expand the space within which we can be ourselves and our own institutions” inside an umbrella of religious liberty.

However, barbarians don’t like parallel structures; they don’t like structures at all. They don’t co-exist well with anyone. They don’t keep their agreements or respect religious liberty. They are not impressed by the holy lives of the monks whose monastery they are plundering. You can trust barbarians to always be barbarians. [“Is the Benedict Option the Answer to Neo-Barbarianism?Crisis Magazine, March 29, 2017]

As I say in “The Authoritarianism of Modern Liberalism, and the Conservative Antidote,”

Modern liberalism attracts persons who wish to exert control over others. The stated reasons for exerting control amount to “because I know better” or “because it’s good for you (the person being controlled)” or “because ‘social justice’ demands it.”

Leftists will not countenance a political arrangement that allows anyone to escape the state’s grasp — unless, of course, the state is controlled by the “wrong” party, In which case, leftists (or many of them) would like to exercise their own version of the Benedict Option. See “Polarization and De Facto Partition.”

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Theodore Dalrymple understands the difference between terrorism and accidents:

Statistically speaking, I am much more at risk of being killed when I get into my car than when I walk in the streets of the capital cities that I visit. Yet this fact, no matter how often I repeat it, does not reassure me much; the truth is that one terrorist attack affects a society more deeply than a thousand road accidents….

Statistics tell me that I am still safe from it, as are all my fellow citizens, individually considered. But it is precisely the object of terrorism to create fear, dismay, and reaction out of all proportion to its volume and frequency, to change everyone’s way of thinking and behavior. Little by little, it is succeeding. [“How Serious Is the Terrorist Threat?City Journal, March 26, 2017]

Which reminds me of several things I’ve written, beginning with this entry from “Not-So-Random Thoughts (VI)“:

Cato’s loony libertarians (on matters of defense) once again trot out Herr Doktor Professor John Mueller. He writes:

We have calculated that, for the 12-year period from 1999 through 2010 (which includes 9/11, of course), there was one chance in 22 million that an airplane flight would be hijacked or otherwise attacked by terrorists. (“Serial Innumeracy on Homeland Security,” Cato@Liberty, July 24, 2012)

Mueller’s “calculation” consists of an recitation of known terrorist attacks pre-Benghazi and speculation about the status of Al-Qaeda. Note to Mueller: It is the unknown unknowns that kill you. I refer Herr Doktor Professor to “Riots, Culture, and the Final Showdown” and “Mission Not Accomplished.”

See also my posts “Getting It All Wrong about the Risk of Terrorism” and “A Skewed Perspective on Terrorism.”

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This is from my post, “A Reflection on the Greatest Generation“:

The Greatest tried to compensate for their own privations by giving their children what they, the parents, had never had in the way of material possessions and “fun”. And that is where the Greatest Generation failed its children — especially the Baby Boomers — in large degree. A large proportion of Boomers grew up believing that they should have whatever they want, when they want it, with no strings attached. Thus many of them divorced, drank, and used drugs almost wantonly….

The Greatest Generation — having grown up believing that FDR was a secular messiah, and having learned comradeship in World War II — also bequeathed us governmental self-indulgence in the form of the welfare-regulatory state. Meddling in others’ affairs seems to be a predilection of the Greatest Generation, a predilection that the Millenials may be shrugging off.

We owe the Greatest Generation a great debt for its service during World War II. We also owe the Greatest Generation a reprimand for the way it raised its children and kowtowed to government. Respect forbids me from delivering the reprimand, but I record it here, for the benefit of anyone who has unduly romanticized the Greatest Generation.

There’s more in “The Spoiled Children of Capitalism“:

This is from Tim [of Angle’s] “The Spoiled Children of Capitalism“:

The rot set after World War II. The Taylorist techniques of industrial production put in place to win the war generated, after it was won, an explosion of prosperity that provided every literate American the opportunity for a good-paying job and entry into the middle class. Young couples who had grown up during the Depression, suddenly flush (compared to their parents), were determined that their kids would never know the similar hardships.

As a result, the Baby Boomers turned into a bunch of spoiled slackers, no longer turned out to earn a living at 16, no longer satisfied with just a high school education, and ready to sell their votes to a political class who had access to a cornucopia of tax dollars and no doubt at all about how they wanted to spend it….

I have long shared Tim’s assessment of the Boomer generation. Among the corroborating data are my sister and my wife’s sister and brother — Boomers all….

Low conscientiousness was the bane of those Boomers who, in the 1960s and 1970s, chose to “drop out” and “do drugs.”…

Now comes this:

According to writer and venture capitalist Bruce Gibney, baby boomers are a “generation of sociopaths.”

In his new book, he argues that their “reckless self-indulgence” is in fact what set the example for millennials.

Gibney describes boomers as “acting without empathy, prudence, or respect for facts – acting, in other words, as sociopaths.”

And he’s not the first person to suggest this.

Back in 1976, journalist Tom Wolfe dubbed the young adults then coming of age the “Me Generation” in the New York Times, which is a term now widely used to describe millennials.

But the baby boomers grew up in a very different climate to today’s young adults.

When the generation born after World War Two were starting to make their way in the world, it was a time of economic prosperity.

“For the first half of the boomers particularly, they came of age in a time of fairly effortless prosperity, and they were conditioned to think that everything gets better each year without any real effort,” Gibney explained to The Huffington Post.

“So they really just assume that things are going to work out, no matter what. That’s unhelpful conditioning.

“You have 25 years where everything just seems to be getting better, so you tend not to try as hard, and you have much greater expectations about what society can do for you, and what it owes you.”…

Gibney puts forward the argument that boomers – specifically white, middle-class ones – tend to have genuine sociopathic traits.

He backs up his argument with mental health data which appears to show that this generation have more anti-social characteristics than others – lack of empathy, disregard for others, egotism and impulsivity, for example. [Rachel Hosie, “Baby Boomers Are a Generation of Sociopaths,” Independent, March 23, 2017]

That’s what I said.

The Constitution: Original Meaning, Corruption, and Restoration

The Constitution of the United States was born as a contract among nine States. Each of the nine States was authorized to join the new union by a convention of “the people” of their State.

In joining the new union, the people of nine States voluntarily created the central government and, at the same time, voluntarily granted certain, limited powers to it. The people of the original States understood that the central government would exercise its limited powers for their benefit. Every State subsequently admitted to the union has entered into the same contract with the central government.

The central government has breached its contract with the States by exceeding the powers granted to it. In fact, the central government’s abuse of power has been so persistent and egregious that a reasonable remedy on the part of the States — individually or severally — is to declare the Constitution null and void.

The immense, illegitimate power that has accrued to the federal government cannot be found in the Constitution. It arises from the cumulative effect of generations of laws, regulations, and court rulings — each ostensibly well-meant by its perpetrators.

The habit of recourse to the central government has become a destructive cycle of dependency. Elected representatives and non-elected élites have vested unwarranted power in the federal government to deal with problems “we” face — problems the federal government cannot, for the most part, begin to solve and which it demonstrably fails to solve many more times than not. The conditioned response to failure has been to cede more power (and money) to the central government in the false hope that the next increment will get the job done.

There has been bold talk at times about making the central government smaller and devolving its power to the States. The bottom line is that the executive branch still regulates beyond its constitutional license, Congress still passes laws that give unwarranted power to the central government, and the central government’s spending consumes a growing fraction of the nation’s economic output.

To break out of this cycle of addiction, it is necessary to restore the constitutional contract to its original meaning.


The Preamble lists the States’ reasons for entering into the constitutional contract, which are “…to form a more perfect Union, establish Justice, insure domestic Tranquillity, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity.” These are ends desired, not outcomes promised.

To further these ends, the Constitution establishes a government of the united States, and authorizes it to enact, execute, and adjudicate laws within a delimited sphere of authority. The Constitution not only delimits the federal government’s authority but also diffuses it by dividing it among the central government’s legislative, executive, and judicial branches.

The Framers knew what we are now only re-learning: A government is a power-hungry beast — even a representative government. More power in the hands of government means less power for individuals. Individuals are better off when they control their own lives than when government, directly or indirectly, controls their lives for them.

Thus the limited scope of the constitutional contract provides for:

  • primacy of the federal Constitution and of constitutional laws over those of the States (This primacy applies only within the limited sphere of authority that the Constitution grants to the central government. The central government was not intended to be a national government that supersedes the States.)
  • collective obligations of the States, as the united States, and individual obligations of the States to each other
  • structure of the central government — the three branches, elections and appointments to their offices, and basic legislative procedures
  • powers of the three branches
  • division of powers between the States and central government
  • rights and privileges of citizens
  • a process for amending the Constitution.

The principles embodied in the details of the contract are few and simple:

  • The Constitution and constitutional laws are the supreme law of the land, within the clearly delimited scope of the Constitution.
  • The central government has no powers other than those provided by the Constitution.
  • The rights of citizens include not only those rights specified in the Constitution but also any unspecified rights that do not conflict with powers expressly granted the centrall government or reserved by the States in the creation of the central government.


The Constitution may be the “supreme law of the land” (Article VI), but as the ardent federalist Alexander Hamilton explained in Federalist 33, the Constitution “expressly confines this supremacy to laws made pursuant to the Constitution.”

Thus the authority of the central government — the government formed by the united States — enables the States to pursue common objectives. But that authority is limited so that it does not usurp the authority of States or the rights of citizens.

Moreover, the “checks and balances” in the Constitution are meant to limit the central government’s ability to act, even within its sphere of authority. In the legislative branch neither the House of Representatives nor the Senate can pass a law unilaterally. In his sole constitutional role — as head of the executive branch — the president of the United States must, with specified exceptions, sign acts of Congress before they can become law, and may veto acts of Congress — which may, in turn, override his vetoes. From its position atop the judicial branch, the Supreme Court is supposed to decide cases “arising under” (within the scope of) the Constitution, not to change the Constitution without benefit of convention or amendment.

The Constitution itself defines the sphere of authority of the central government and balances that authority against the authority of the States and the rights of citizens. Although the Constitution specifies certain powers of the executive and judiciary (e.g., commanding the armed forces and judging cases arising under the Constitution), the central government’s power rests squarely upon the legislative authority of Congress, as defined in Article I, Sections 8, 9, and 10. The intentionally limited scope of  that power is underscored by Amendments IX and X, which can be summarized as follows:

The rights of citizens include not only those rights specified in the Constitution but also any unspecified rights that do not conflict with powers expressly granted to the central government or reserved to the States in the creation of the central government.


The generations of laws and regulations that have seized the powers and rights of States and citizens are, to put it plainly, unconstitutional; for example:

  • The phrase “promote the general Welfare” in the Preamble refers to a desired result of the adoption of the Constitution. It is not an edict to redistribute income and wealth.
  • The phrase “general Welfare” in Article I, Section 8, is meant to place a further limit on the specific powers granted to Congress in the same section of the Constitution. Congress is supposed to exercise those powers for the benefit of all citizens and not for the benefit of the citizens of specific States or regions.
  • The power of Congress to tax is granted in Article I, Section 8, to enable Congress to execute its specific powers. This limited power has been aggrandized into a general power of taxation for any purpose, constitutional or unconstitutional.
  • The power of Congress “to regulate Commerce … among the several States” — also granted in Article I, Section 8 — is meant to prevent the States from restricting or distorting the terms of trade across their borders, not to grant the central government the unlimited statutory and regulatory authority that it now has, thanks to the Supreme Court.
  • In Article I, Section 8, the authority of Congress “[t]o 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” has been distorted out of all recognition. The words “necessary and proper” are meant to apply to the exercise of Congress’s specific powers, not to grant it unlimited legislative authority.
  • The “equal protection” clause of Amendment XIV — “…nor shall any State…deny to any person within its jurisdiction the equal protection of the laws” — is meant to secure the legal equality of those former slaves whose freedom had been secured by Amendment XIII. Amendment XIV has became, instead, an excuse for legislation, executive orders, and judicial decisions that grants special privileges to specific, “protected” groups by curtailing the liberty of those who cannot claim affiliation with one or another of the “protected” groups.


The constitutional contract is a limited grant of power to the central government, for the following main purposes: keeping peace among the States, ensuring uniformity in the rules of inter-State and international commerce, facing the world with a single foreign policy and a national armed force, and assuring the even-handed application of the Constitution and of constitutional laws. That is all.

It is clear that the constitutional contract has been breached. It is clear that the Constitution’s promise to “secure the Blessings of Liberty to ourselves and our Posterity”  has been blighted.

Desperate times require desperate measures. I suggest that we begin at the beginning, with a new Declaration of Independence, and proceed from there to a new Constitution.

Related posts:
The State of the Union: 2010
The Shape of Things to Come

Secession Redux
A Declaration of Independence
A New, New Constitution

On Liberty
Parsing Political Philosophy
The Indivisibility of Economic and Social Liberty
Greed, Cosmic Justice, and Social Welfare
Positive Rights and Cosmic Justice
Fascism and the Future of America
Inventing “Liberalism”
Utilitarianism, “Liberalism,” and Omniscience
Utilitarianism vs. Liberty
Beware of Libertarian Paternalists
Negative Rights, Social Norms, and the Constitution
Rights, Liberty, the Golden Rule, and the Legitimate State
The Mind of a Paternalist
Accountants of the Soul
Rawls Meets Bentham
Is Liberty Possible?
The Left
The National Psyche and Foreign Wars

The Commandeered Economy
The Price of Government
The Mega-Depression
Does the CPI Understate Inflation?
Ricardian Equivalence Reconsidered
The Real Burden of Government
The Rahn Curve at Work

A Declaration of Independence, Updated

If you haven’t read “A Declaration of Independence,” or haven’t read it since I revised it, I recommend a first or second look.

A Declaration of Independence

REVISED, 04/02/10 and 04/03/10

A note to Tea-Partiers. It is time to channel your outrage, constructively and nonviolently. My suggestion: hold a convention in each State; adopt — in the name of the people of each State — a declaration of independence from the unconstitutional acts of the government of the United States; engage the millions of silent but equally outraged Americans who share your views by asking them to join you in signing the declarations. An articulate declaration that is joined by millions of Americans should cause many politicians — even Democrats — to rethink their allegiance to the politics of pork, regulation, and taxation. A declaration of independence from unconstitutional acts might look like this:

The people of the State of _______________ declare to the people of the United States and to their governments that

The Constitution of the United States and all laws made in accordance with it are the supreme law of the land. The ratification of the Constitution resulted in the establishment a government of the United States (the central government) for the purposes of making, executing, and adjudicating laws. But the acts of the central government are valid and binding only when they are in accordance with the Constitution.

In fact, the legislative, executive, and judicial branches of the central government have abused their powers by making, executing, and upholding laws contrary to the Constitution; for example:

A decennial census is authorized in Article I, Section 2, for the purpose of enumerating the population of each State in order to apportion the membership of the House of Representatives among the States, and for no other purpose.

Article I, Section 1, vests all legislative powers in the Congress, but Congress has authorized and allowed unelected, executive-branch regulators to legislate on myriad matters affecting the liberty and property of Americans.

Article I, Section 8, enumerates the specific powers of Congress, which do not include such things as establishing and operating national welfare and health-care programs; intervening in the education of America’s children; regulating interstate commerce beyond ensuring its free flow; regulating intrastate commerce and private, non-commercial transactions; lending money and guaranteeing loans made by quasi-governmental institutions and other third parties; acquiring the stock and debt of business enterprises; establishing a central bank with the power to do more than issue money; requiring the States and their political subdivisions to adopt uniform laws on matters that lie outside the enumerated powers of Congress and beyond the previously agreed powers of the States and their subdivisions;  and coercing the States and the political subdivisions in the operation of illegitimate national programs by providing and threatening to withhold so-called federal money, which is in fact taxpayers’ money.  (The notion that the “general welfare” and/or “necessary and proper” clauses of Article I, Section 8, authorize such activities was refuted definitively in advance of the ratification of the Constitution by James Madison in No. 41 of the Federalist Papers, wherein the leading proponents of the Constitution stated their understanding of the Constitution’s meaning when they made the case for its ratification.)

One of the provisions of Article I, Section 10, prohibits interference by the States in private contracts; moreover, the Constitution nowhere authorizes the central government to interfere in private contracts. Yet, directly and through the States, the central government has allowed, encouraged, and required interference in private contracts pertaining to employment, property, and financial transactions.

Amendment I of the Constitution provides that “Congress shall make no law . . . abridging the freedom of speech.” But Congress has nevertheless abridged the freedom of political speech — our most precious kind — by passing bills that have been signed into law by presidents of the United States and, in the main, upheld by the Supreme Court of the United States.

Amendment IX of the Constitutions provides that its “enumeration . . . of certain rights, shall not be construed to deny or disparage others retained by the people.” But Congress, in concert with various presidents and Supreme Court majorities, has enacted laws that circumscribe one of our time-honored freedoms: the freedom of association.

As outlined above, the central government routinely and massively violates Amendment X, which states that “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.”

Legislative, executive, and judicial acts of the central government have perverted the meaning of Amendments XIII, XIV, and XV — which properly abolished slavery and outlawed racial discrimination by government — to require discrimination on behalf of certain “protected groups” designated by law, to the detriment of groups not thus favored.

These and other abuses of power by the central government are grounds for civil disobedience, at the least, and secession, in the extreme.

With regard to secession, there is a judicial myth — articulated by a majority of the United States Supreme Court in Texas v. White (1868) — that the union of States is perpetual:

The Union of the States never was a purely artificial and arbitrary relation. It began among the Colonies, and grew out of common origin, mutual sympathies, kindred principles, similar interests, and geographical relations. It was confirmed and strengthened by the necessities of war, and received definite form and character and sanction from the Articles of Confederation. By these, the Union was solemnly declared to “be perpetual.” And when these Articles were found to be inadequate to the exigencies of the country, the Constitution was ordained “to form a more perfect Union.” It is difficult to convey the idea of indissoluble unity more clearly than by these words. What can be indissoluble if a perpetual Union, made more perfect, is not?

The Court’s reasoning — if it may be called that — is born of mysticism, not legality. Similar reasoning might have been used — and was used — to proclaim the Colonies inseparable from Great Britain. And yet, some of the people of the Colonies put an end to the union of the Colonies and Great Britain, on the moral principle that no person or people is obliged to remain in an abusive relationship. That moral principle is all the more compelling in the case of the union known as the United States, which — mysticism aside — is nothing more than the creature of the States and the people thereof.

It was only by the grace of nine States that the Constitution took effect, thereby establishing the central government. Those nine States voluntarily created the central government and, at the same time, voluntarily granted certain, limited powers to it. The States understood that the central government would exercise its limited powers for the benefit of the States and their people. Every State subsequently admitted to the union has entered into the same contract with the central government.

But, as outlined above, the central government has breached its trust by exceeding the powers granted to it. In fact, the central government’s abuse of power has been so persistent and egregious that a reasonable remedy on the part of the States — individually or severally — is to declare the Constitution null and void. Each and every State, in other words, has the right to secede from the union and to withdraw from the central government its support and the support of the people.

Two facts militate against secession as a remedy for the central government’s abuse of power. First, the States have much to gain by remaining joined in union: mutual defense and the free movement of people, goods, and services among the States. Second, because the central government has acquired overwhelming might, and because that might would no doubt be used to suppress secession, it would be sheer folly to secede — despite the moral and legal rightness of doing so.

The only practical alternative to secession is civil disobedience. Accordingly, the people of ______________ do solemnly state the following:

We reaffirm our allegiance to the Constitution of the United States, and hereby pledge to preserve, protect, and defend it against all its enemies, foreign and domestic. The central government of the United States, through prolonged and egregious abuses of its delegated powers, has proved itself an enemy of the Constitution.

Having assembled peacefully to consider the remedies available to us, we petition the central government to honor the Constitution by negating and reversing all of its unconstitutional acts within a reasonable period of time, which shall be no more than five years. If the central government fails to negate and reverse all of its unconstitutional acts within five years, it will be within the moral and legal rights of the people of this State to sever the ties of this State to the central government, to refuse all services and emoluments that may be offered by the central government, to withhold all services and payments to the central government, and to reclaim — for the benefit of the people of this State — any and all parcels of land and bodies of water within the boundaries of this State that are (or may be) held in the name of the central government.

The foregoing notwithstanding, the people of this State — despite their moral and legal rights to sever this State’s ties to the central government — shall not withdraw from the community of States which is known as the United States, and shall not take up arms against the central government to enforce their rights. But the governments and people of this State may refuse peacefully to comply with the unconstitutional laws, regulations, executive orders, and judicial holdings of the central government. Such refusals shall lead to violence only if the central government uses force to exact compliance with its unconstitutional laws, regulations, executive orders, or judicial holdings, thus requiring the people to act in self-defense.

Done, on this day of ______________________________, by the people of _______________ in convention, and subscribed to by the delegates to the Convention and other citizens of _______________, whose signatures are appended hereto.


_______________, President of the Convention

_______________, Vice President of the Convention

_______________, Secretary of the Convention

P.S. The foregoing makes a legal case for secession. A different case, which I make here, is that secession is valid because the Constitution did not bind the whole of “the people” when it was ratified, and could not have bound future generations.