Hope for Humanity

Introduction

“Secession” is broadly defined as “the act of withdrawing formally from membership in an organization, association, or alliance.” We are defining it specifically as the action of a state to cease its participation in the United States of America and for that state to create itself as a new independent, sovereign nation. The American Revolution of 1776 was, by definition, an act of secession. An association of English colonies banded together and issued a Declaration of Independence that was presented to King George III. The King did not accept the secession and a civil war ensued.

Analysis

Based on that definition, the actions of the 11 Confederate states in 1861 did not constitute starting a civil war. They weren't looking to take power, overthrow the US government or change government policies. They just lawfully and peaceably seceded from the Union. The United States actually invaded a sovereign nation, the Confederate States of America, with the intent of overthrowing their government and bringing the states of the CSA back into the USA. The most recent example of state secession happened in 1989 when the fifteen republics of the Union of Soviet Socialist Republics (USSR) seceded from the USSR. The USSR ceased to exist as all of the republics rejected the Kremlin government and became sovereign nations (Wintz, pp 12-181).

Despite the fact that the USSR was the second most powerful nation on the planet, it was completely powerless to stop secession. Once the republics reasserted their sovereignty as free nations, the USSR dissolved into the dustbin of history. Nullification is the a legal principle holding that a US State has the right to nullify, or invalidate, any federal law which that state has deemed unconstitutional. It has its legal foundation in the 9th and 10 Amendments of the US Constitution. Nullification has been used by the states throughout US history to prevent unjust laws from being enforced (Rummel, pp 34-272).

The most noteworthy use of nullification by any state was the so-called Nullification Crisis of 1832. Congress had enacted a high tariff that South Carolina rejected in its Ordinance of Nullification, which stated that the tariff was unconstitutional, and therefore unenforceable in South Carolina. The state made military preparations to resist anticipated federal enforcement. Congress responded by passing a Force Bill, authorizing President Andrew Jackson to use military force against South Carolina to enforce the tariff. But Congress simultaneously passed a new lower tariff that was satisfactory to South Carolina. So, Congress wisely chose to back down and compromise against the South Carolina nullification action (Perry, pp 23-178).

So, we see that nullification is a method whereby a US state may effectively control the legislative process of the US Federal Government as it pertains to how Federal law is enacted and enforced within any state. Compare that process to secession, in which a state formally withdraws from the United States to become a sovereign nation. Secession asserts that the relationship between parties has ceased, and that all previous commitments are null and ...