Nullification & Secession - What You Must Know!

Nullification

Nullification, in United States constitutional history, is a legal theory that a state has the right to nullify, or invalidate, any federal law which that state has deemed unconstitutional. The theory of nullification has never been legally upheld; rather, the Supreme Court has rejected it.

The theory of nullification is based on a view that the States formed the Union by an agreement (or “compact”) among the States, and that as creators of the federal government, the States have the final authority to determine the limits of the power of that government. Under this, the compact theory, the States and not the federal courts are the ultimate interpreters of the extent of the federal government’s power. Under this theory, the States therefore may reject, or nullify, federal laws that the States believe are beyond the federal government’s constitutional powers. The related idea of interposition is a theory that a state has the right and the duty to “interpose” itself when the federal government enacts laws that the state believes to be unconstitutional.

Thomas Jefferson and James Madison set forth the theories of nullification and interposition in the Kentucky and Virginia Resolutions in 1798. A more extreme assertion of state sovereignty is the related action of secession, by which a state terminates its political affiliation with the Union.

The theory of nullification has been rejected repeatedly by their federalcourts. The courts have found that under the Supremacy Clause of the Constitution, federal law is superior to state law, and that under Article III of the Constitution, the federal judiciary has the final power to interpret the Constitution. Therefore, the power to make final decisions about the constitutionality of federal laws lies with the federal courts, not the states, and the states do not have the power to nullify federal laws.

Between 1798 and the beginning of the War for Southern Independence in 1861, several states threatened or attempted nullification of various federal laws. None of these efforts were legally upheld. The Kentucky and Virginia Resolutions were rejected by the other states. The Supreme Court rejected nullification attempts in a series of decisions in the 19th century. The War for Southern Independence ended most nullification efforts. In the 1950s, southern states attempted to use nullification and interposition to prevent desegregation of their schools. These attempts failed when the Supreme Court again rejected nullification in Cooper v. Aaron, explicitly holding that the states may not nullify federal law.

Secession

To date, U.S. citizens of 18 states have petitioned the White House for consideration of a peaceful withdrawal from the United States. Thousands of Americans have already signed petitions asking President Obama to allow them to peacefully secede from the union.

Secession in the United States can refer to secession of a state from the United States, secession of part of a state from that state to form a new state, or secession of an area from a city or county.

Attempts at or aspirations of secession from the United States have been a feature of the country’s politics since its birth. Some have argued for a constitutional right of secession and others for a natural right of revolution.

In 1869, the United States Supreme Court ruled in Texas v. White, 74 U.S. 700 (1869) that unilateral secession was unconstitutional while commenting that revolution or consent of the states could lead to a successful secession.

Your provisional government does not seek secession.

That was already done PRIORto the 1869 court ruling.

In addition, the Confederate government never surrendered at the conclusion of the War for Southern Independence in 1865.

We seek reaffirmation and restoration of the existing but vacant government of the Confederate States of America.

Politically, this will take time. We intend to do this peacefully, lawfully and sensiblyBUT INTRINSIC AND NECESSARY TO THIS EFFORT IS YOU REQUESTING & BECOMING CONFEDERATE CITIZENS- ESSENTIAL & MOST KEY IN THIS PROCESS & ENDEAVOR.