Is New Hampshire preparing to secede from the United States of America?
New Hampshire has long been known as a hotbed for the rebellious, and some would say the anarchist-minded folk, but when you look at what they’re really saying, can you make a valid argument?
“[…] Whereas these recommended changes were incorporated as the ninth amendment, the enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people, and the tenth amendment, 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, to the Constitution for the United States of America; […]
“[T]he Constitution of the United States, having delegated to Congress a power to punish treason, counterfeiting the securities and current coin of the United States, piracies, and felonies committed on the high seas, and offences against the law of nations, slavery, and no other crimes whatsoever; and it being true as a general principle, and one of the amendments to the Constitution having also declared, 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,” therefore all acts of Congress which assume to create, define, or punish crimes, other than those so enumerated in the Constitution are altogether void, and of no force; and that the power to create, define, and punish such other crimes is reserved, and, of right, appertains solely and exclusively to the respective States, each within its own territory […]
“therefore, all acts of Congress of the United States which do abridge the freedom of religion, freedom of speech, freedom of the press, are not law, but are altogether void, and of no force; […]
“That any Act by the Congress of the United States, Executive Order of the President of the United States of America or Judicial Order by the Judicatories of the United States of America which assumes a power not delegated to the government of United States of America by the Constitution for the United States of America and which serves to diminish the liberty of the any of the several States or their citizens shall constitute a nullification of the Constitution for the United States of America by the government of the United States of America. Acts which would cause such a nullification include, but are not limited to:
“I. Establishing martial law or a state of emergency within one of the States comprising the United States of America without the consent of the legislature of that State.
“IV. Surrendering any power delegated or not delegated to any corporation or foreign government.
“V. Any act regarding religion; further limitations on freedom of political speech; or further limitations on freedom of the press.
“VI. Further infringements on the right to keep and bear arms including prohibitions of type or quantity of arms or ammunition; […]”
And here’s the real kicker:
“That should any such act of Congress become law or Executive Order or Judicial Order be put into force, all powers previously delegated to the United States of America by the Constitution for the United States shall revert to the several States individually. […]”
This says that if Congress (by enacting a law) or the President (through Executive Order) or the Federal Judiciary (by case law) do anything outside of that which the Constitution specifically states, that “all powers [previously] delegated to the [federal government]” will go back to the individual States… that’s basically holding the Feds in breach of contract and nullifies said contract.
Don’t believe me? They clarify:
“Any future government of the United States of America shall require ratification of three quarters of the States seeking to form a government of the United States of America and shall not be binding upon any State not seeking to form such a government;”
To make sure it doesn’t fall on deaf ears the Resolution requires “[c]opies of this resolution be transmitted by the house clerk to the President of the United States, each member of the United States Congress, and the presiding officers of each State’s legislature.”