excellent point. and the article is good. But Tom Woods, the author, is highly lauded in the von Mises arena-yet wrote a book on Banking and misrepresents how fractional reserve banking works-probably doesn't understand it. and He doesn't understand anything about patents yet writes about them. Like the rest of von Mises group, doesn't understand property rights, how they arise, how they should be protected, the effect they have on the economy, etc. But this article is good :)
The problem with nullification is the States are willing to take bribes not to do this. One easy example is speed limit laws. When the Federal Government decided 55mph was the maximum speed allowed in order to conserve fuel they 'bribed' the states into doing this with Federal Highway funds. If you didn't reduce your speed limit, you didn't get any money for your roads.
Imagine if the Federal Government decided that any State with medical marijuana laws had to repel them or they were cutting off Medicaid.
After getting the majority of the States in line with their payments, now they are working on the people. While its easy to agree Federal spending is out of control, no one is willing to accept that their payment be cut.
Texas is the only 'conservative' State that would benefit from secession in a pay in/pay out tax ratio. While nullification is a much more reasonable course to take, they would first have to decide if they wished to make up the loss in Federal monies that could be taken away by implementing State taxes on a personal and corporate level. While you could argue they would need to do the same under secession, you must remember that under nullification it would be an 'additional' tax while under secession it would not show a 'visible' change to the people on their paycheck.
As for any other conservative State, either way they choose to go will place a hardship on both the State and its people. Of course the people who like their bribe could then move to another State.
If the 17th Amendment had not been added to the Constitution, we may never have reached the problems we have now. Once the ability of the people to elect both houses of the legislature, any power the State had was severely crippled. The takers can exert any and all influence for their benefit, while the State no longer has the ability to stand up against the Federal.
I agree with your points. Nullification is the best course, but probably won't work for the reasons you stated. As for secession, one of the problems I see are whose going to guard your borders? Many of the National Guard troops are deployed. Will the governor call them back and will they come if called? Will the feds charge them all with desertion? How are you going to get back all the state land the feds have taken in violation of the Constitution? Many states have assets that could be used in those lands that the feds now have. Timber, mining, oil and gas etc. Anyone have any viable ideas about this?
Unfortunately, secession won't work either unless was done by a lot of States who formed a new country. Since the Supreme Court ruled unilateral secession is illegal, and I doubt the Federal government would give their permission, most likely a war would ensue. Many believe Texas has the right of secession by agreement when joined the Union, but they are mistaken. They do have the right to become 4 or 5 new States though, which would add 6 to 8 new Senators to the legislature.
I have no doubt that any military personal who sided with the new country would be charged with desertion and probably treason. Due to the almost inevitable war, your other questions are moot. If the new nation won they would claim the spoils, if they lost they would undergo reconstruction and reeducation. If no war then perhaps the new nation could negotiate a purchase back or establish a treaty with the US.
Hello ogr8bearded1, Over the last several years I have participated in many debates on this subject and reviewed the history. You are quite right. Secession had it's legal standing and test destroyed at the time of the civil war. The nullification matter is also without prospect and only stands as a test of the federal will. For either to have any prospect it would have to be in concert with many states. The only potentially peaceful, expedient remedy for radical reformation would be a constitutional convention. This would require two thirds of the states legislatures and would, many fear, open a can of worms allowing for the probable progressive decimation of what is cherished in the document by the opposition. This could also spur the dissolution... It is a Hobson's choice... Respectfully, O.A.
Yes, I am a cynic when it comes to the Federal government in general, and specifically the Ovomit administration. They took over health care, the banks, student loans, much of the auto industry, etc. If they decided to confiscate gold in Texas, putting it in one place makes it easy pickings. The Demoscats have already been talking about stealing our retirement funds.
We're beginning to see the spread of secessionist talk, whether it be by implication, as in this 'Texas Gold Depository' story, or in regard to other Federal encroachments that are like a cancer on the Land.
It's interesting that following the Civil War, the Congress did not attempt to Constitutionally define those circumstances under which secession by States would be allowed.
Many believe we are moving towards secession once again. This time, however, it appears it will be about the civil rights of all Americans rather than that of a single minority.
No one believed in 1860 that it would happen and following the secession a sort of 'phony war' existed for six months during which no military action was initiated and no one really knew what to do.
It'll be fascinating to see how it rolls out this time.
While the taking over of Ft. Sumter was the first act of war, the South and the North have different opinions of when the first act took place.
We all know the 'official' history that it was the firing on the fort on April 12th by the South that was the first act. Another version is that the first act happened on December 26th of the previous year when Federal forces moved into the fort.
South Carolina believed they had a right to all properties contained within their State after secession, and demanded they be turned over. Of course, the US did not recognise this authority. Negotiations were taking place with Washington over how to handle the situation and South Carolina believed there was an agreement by both sides not to fortify positions by either side while they were in progress.
The move into Ft. Sumter six days after secession was viewed in violation of that agreement as Federal forces had previously been in Fort Moultrie. In response, South Carolina occupied the remaining empty Federal properties and took by force all others except Ft. Sumter that were occupied by Federal troops over the next 4 days. This included Fort Moultrie(empty), Fort Johnson(empty), the battery on Morris Island(empty). The fortification of Castle Pinckney was taken bloodlessly as well as the Federal arsenal in Charleston.
The first shot of the war was fired on Star of the West, a ship attempting to reach Ft. Sumter with supplies a week and a half later on January 9th. While it is listed as a civilian ship, it was hired by the US Government to transport supplies and troops to Ft. Sumter.
After Lincoln was sworn in on May 4th, the Confederacy sent delegations to offer payment for Federal properties and to enter peace treaties with the US. Lincoln refused to negotiate with them or recognise their authority. Instead he ordered that provisions be sent to Ft. Sumter by use of force if necessary. These ships started arriving at 3am on the 12th of April and South Carolina opened fire on Ft. Sumter at 4:30am.
So take your pick, was the first act of war the secession of the Southern States, the movement of Federal forces to Ft. Sumter, the bloodless attacks on other forts, batteries and arsenals by the South, the firing on the Star of the West or the cannon fire on Ft. Sumter.
I'm not sure what funds Texas wants to convert to gold. Most states spend about what they take in. (Excluding Kalifornia, Nueva York, etc.) If they were to stash individual citizens gold there, it would make it easy for the Feds to grab the gold. In principle, it might be a good idea. Just playing devil's advocate.
yea. we should be cheering that Texas is putting themselves out there on this. It is the early days of making a very well drawn line in the sand. As well, Texas runs a surplus. I know,hard to believe but they are running an 8 Billion under budget this year with no state income tax. I think a little fort knox is a good place to put in gold
Did you watch the video? It has a provision that if the Federal government wants anything to do with that gold, attempts will be null and void under the tenth amendment.
What is it?
State nullification is the idea that the states can and must refuse to enforce unconstitutional federal laws.
http://www.libertyclassroom.com/nullific...
and He doesn't understand anything about patents yet writes about them.
Like the rest of von Mises group, doesn't understand property rights, how they arise, how they should be protected, the effect they have on the economy, etc.
But this article is good :)
Imagine if the Federal Government decided that any State with medical marijuana laws had to repel them or they were cutting off Medicaid.
After getting the majority of the States in line with their payments, now they are working on the people. While its easy to agree Federal spending is out of control, no one is willing to accept that their payment be cut.
Texas is the only 'conservative' State that would benefit from secession in a pay in/pay out tax ratio. While nullification is a much more reasonable course to take, they would first have to decide if they wished to make up the loss in Federal monies that could be taken away by implementing State taxes on a personal and corporate level. While you could argue they would need to do the same under secession, you must remember that under nullification it would be an 'additional' tax while under secession it would not show a 'visible' change to the people on their paycheck.
As for any other conservative State, either way they choose to go will place a hardship on both the State and its people. Of course the people who like their bribe could then move to another State.
If the 17th Amendment had not been added to the Constitution, we may never have reached the problems we have now. Once the ability of the people to elect both houses of the legislature, any power the State had was severely crippled. The takers can exert any and all influence for their benefit, while the State no longer has the ability to stand up against the Federal.
I have no doubt that any military personal who sided with the new country would be charged with desertion and probably treason. Due to the almost inevitable war, your other questions are moot. If the new nation won they would claim the spoils, if they lost they would undergo reconstruction and reeducation. If no war then perhaps the new nation could negotiate a purchase back or establish a treaty with the US.
Over the last several years I have participated in many debates on this subject and reviewed the history. You are quite right. Secession had it's legal standing and test destroyed at the time of the civil war. The nullification matter is also without prospect and only stands as a test of the federal will. For either to have any prospect it would have to be in concert with many states. The only potentially peaceful, expedient remedy for radical reformation would be a constitutional convention. This would require two thirds of the states legislatures and would, many fear, open a can of worms allowing for the probable progressive decimation of what is cherished in the document by the opposition. This could also spur the dissolution... It is a Hobson's choice...
Respectfully,
O.A.
It's interesting that following the Civil War, the Congress did not attempt to Constitutionally define those circumstances under which secession by States would be allowed.
Many believe we are moving towards secession once again. This time, however, it appears it will be about the civil rights of all Americans rather than that of a single minority.
No one believed in 1860 that it would happen and following the secession a sort of 'phony war' existed for six months during which no military action was initiated and no one really knew what to do.
It'll be fascinating to see how it rolls out this time.
We all know the 'official' history that it was the firing on the fort on April 12th by the South that was the first act. Another version is that the first act happened on December 26th of the previous year when Federal forces moved into the fort.
South Carolina believed they had a right to all properties contained within their State after secession, and demanded they be turned over. Of course, the US did not recognise this authority. Negotiations were taking place with Washington over how to handle the situation and South Carolina believed there was an agreement by both sides not to fortify positions by either side while they were in progress.
The move into Ft. Sumter six days after secession was viewed in violation of that agreement as Federal forces had previously been in Fort Moultrie. In response, South Carolina occupied the remaining empty Federal properties and took by force all others except Ft. Sumter that were occupied by Federal troops over the next 4 days. This included Fort Moultrie(empty), Fort Johnson(empty), the battery on Morris Island(empty). The fortification of Castle Pinckney was taken bloodlessly as well as the Federal arsenal in Charleston.
The first shot of the war was fired on Star of the West, a ship attempting to reach Ft. Sumter with supplies a week and a half later on January 9th. While it is listed as a civilian ship, it was hired by the US Government to transport supplies and troops to Ft. Sumter.
After Lincoln was sworn in on May 4th, the Confederacy sent delegations to offer payment for Federal properties and to enter peace treaties with the US. Lincoln refused to negotiate with them or recognise their authority. Instead he ordered that provisions be sent to Ft. Sumter by use of force if necessary. These ships started arriving at 3am on the 12th of April and South Carolina opened fire on Ft. Sumter at 4:30am.
So take your pick, was the first act of war the secession of the Southern States, the movement of Federal forces to Ft. Sumter, the bloodless attacks on other forts, batteries and arsenals by the South, the firing on the Star of the West or the cannon fire on Ft. Sumter.