Secession: Proposed Constitutional Amendment

[WorldWatcher]

Title: An Amendment Concerning the Secession of a State

Section 1: Power to Secede
Just as new states are admitted to the Union in Article IV Section 3 of this Constitution by powers vested in Congress, so to shall the secession of a State be approved by Congress representing the combined will of all people of the United States.

Section 2: Insurrection
Any State attempting to secede from the Union without the consent of Congress will be deemed to be in a condition of insurrection under Article I Section 8 of this Constitution.

Section 3: Method of Approval
Upon the receipt of a Bill of Secession from the duly elected republican form of government representing a State, both houses of Congress will be called into emergency session to address the bill and will remain in session until such time as a final determination of the bill is laid to rest.

Upon the receipt of a Bill of Secession, the States representatives to Congress will become non-voting members on all matters during the period of consideration of the bill.

Each house will adjourn to their respective chambers to debate the merits of the Bill of Session. After a period of debate, Congress will meet in joint session to vote on the bill. Each member of the Senate will receive one vote, each member of the House will receive one vote, and the Vice President will have one vote on the question of secession regardless of the votes cast by Senators. Members of Congress for the State requesting secession may fully participate in the debate process, however they shall not be counted or present during the joint session during the time the ballots are cast on the question of secession. Secession will be granted upon a majority of votes.

A roll-call vote on the question of secession will be conducted in a joint session of Congress no later than thirty calendar days after the official receipt of the Bill of Secession from the State. Final determination may be delayed in ten day increments upon approval by both the joint session of Congress and the Chief Executive of the State requesting the bill. No more than three extensions may be granted. If after the initial period and any approved extensions the bill has not been voted on or has not achieved passage, then the question of the bill will have failed.

Section 4: Citizenship
Individuals in all States of the Union are citizens of these United States. Upon a Bill of Secession each individual will choose to retain United States citizenship or will renounce their citizenship in the United States of America by accepting citizenship in the new country. Accepting citizenship in the new country will be considered voluntary revocation of United States citizenship. Voting in the new country after the date of independence of the new country will be considered voluntary revocation of United States citizenship.

After revocation of citizenship, an individual may in the future apply for naturalization under laws as determined by Congress under Article I Section 8 of this Constitution but will forever lose any designation of natural born citizen.

Parent or legal guardians of minor children may take such action as they deem appropriate, however a minor child will retrain United States citizenship for a period not to exceed one year after their birth date in the year of maturity where they would otherwise be able to vote in federal elections, prior to such time they must proactively choose to retain their United States citizenship under rules and procedures as determined by Congress or their citizenship will be considered renounced in the same manner as other adults.

Section 5: Entitlements and Other Payments
Upon loss of United States citizenship, either through an act of secession or through an individual act of renouncing citizenship, the individual will irrevocably renounce their citizenship and forfeit all claims to any and all entitlements payable by the United States government. States may make such laws dealing with loss of citizenship and entitlements as they deem necessary.

During a period of consideration of a Bill of Secession, all entitlement payments to individuals, payments to the State as part of any and all government programs, and payments that are part of government contracts with private entities in the requesting State will be reduced by fifty percent. If the Bill of Secession is approved, then such payments, programs, and contracts within the new country will be considered void. If the Bill of Secession is not approved and the State remains in the Union, then all reductions in payment will be eliminated and paid in full retroactive for the period of reduction.

Section 6: Taxation
Individual will be liable for all taxes due as of their last date of citizenship. Ex-citizens will be treated as other foreign persons as of their first date of non-citizenship for other tax purposes.

Section 7: Transfer of Property, Debt Allocation, and Other Considerations
As a requirement of secession, all mobile property and assets of the United State government will be returned to the United States. Property not returned will be added to any monetary amount owed to the people of the United States by the government of the ex-State.

The new country will assume a proportion of debt, effective as of the date of secession, equal to the percentage population of the seceding State as compared to the population of the United States in whole.

As of the date of secession, all business licenses and professional licenses issued under the authority of the United States or any of its legal entities will be considered void

All United States passports for those not retaining United States citizenship will be void upon the date of secession. Persons from the ex-State who do not retain United States citizenship will be required to obtain new travel documents and comply with all travel requirements in the United States as Congress may create.

This amendment shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several States within seven years from the date of its submission to the States by the Congress.

The Congress shall have power to enforce this article by appropriate legislation.

Some people think that States can summarily secede, others say no. A few like me think they can by following the same process used to be admitted to the Union.

OK, lets make it official.



>>>>

 

[martybegan]

Title: An Amendment Concerning the Secession of a State

Section 1: Power to Secede
Just as new states are admitted to the Union in Article IV Section 3 of this Constitution by powers vested in Congress, so to shall the secession of a State be approved by Congress representing the combined will of all people of the United States.

Section 2: Insurrection
Any State attempting to secede from the Union without the consent of Congress will be deemed to be in a condition of insurrection under Article I Section 8 of this Constitution.

Section 3: Method of Approval
Upon the receipt of a Bill of Secession from the duly elected republican form of government representing a State, both houses of Congress will be called into emergency session to address the bill and will remain in session until such time as a final determination of the bill is laid to rest.

Upon the receipt of a Bill of Secession, the States representatives to Congress will become non-voting members on all matters during the period of consideration of the bill.

Each house will adjourn to their respective chambers to debate the merits of the Bill of Session. After a period of debate, Congress will meet in joint session to vote on the bill. Each member of the Senate will receive one vote, each member of the House will receive one vote, and the Vice President will have one vote on the question of secession regardless of the votes cast by Senators. Members of Congress for the State requesting secession may fully participate in the debate process, however they shall not be counted or present during the joint session during the time the ballots are cast on the question of secession. Secession will be granted upon a majority of votes.

A roll-call vote on the question of secession will be conducted in a joint session of Congress no later than thirty calendar days after the official receipt of the Bill of Secession from the State. Final determination may be delayed in ten day increments upon approval by both the joint session of Congress and the Chief Executive of the State requesting the bill. No more than three extensions may be granted. If after the initial period and any approved extensions the bill has not been voted on or has not achieved passage, then the question of the bill will have failed.

Section 4: Citizenship
Individuals in all States of the Union are citizens of these United States. Upon a Bill of Secession each individual will choose to retain United States citizenship or will renounce their citizenship in the United States of America by accepting citizenship in the new country. Accepting citizenship in the new country will be considered voluntary revocation of United States citizenship. Voting in the new country after the date of independence of the new country will be considered voluntary revocation of United States citizenship.

After revocation of citizenship, an individual may in the future apply for naturalization under laws as determined by Congress under Article I Section 8 of this Constitution but will forever lose any designation of natural born citizen.

Parent or legal guardians of minor children may take such action as they deem appropriate, however a minor child will retrain United States citizenship for a period not to exceed one year after their birth date in the year of maturity where they would otherwise be able to vote in federal elections, prior to such time they must proactively choose to retain their United States citizenship under rules and procedures as determined by Congress or their citizenship will be considered renounced in the same manner as other adults.

Section 5: Entitlements and Other Payments
Upon loss of United States citizenship, either through an act of secession or through an individual act of renouncing citizenship, the individual will irrevocably renounce their citizenship and forfeit all claims to any and all entitlements payable by the United States government. States may make such laws dealing with loss of citizenship and entitlements as they deem necessary.

During a period of consideration of a Bill of Secession, all entitlement payments to individuals, payments to the State as part of any and all government programs, and payments that are part of government contracts with private entities in the requesting State will be reduced by fifty percent. If the Bill of Secession is approved, then such payments, programs, and contracts within the new country will be considered void. If the Bill of Secession is not approved and the State remains in the Union, then all reductions in payment will be eliminated and paid in full retroactive for the period of reduction.

Section 6: Taxation
Individual will be liable for all taxes due as of their last date of citizenship. Ex-citizens will be treated as other foreign persons as of their first date of non-citizenship for other tax purposes.

Section 7: Transfer of Property, Debt Allocation, and Other Considerations
As a requirement of secession, all mobile property and assets of the United State government will be returned to the United States. Property not returned will be added to any monetary amount owed to the people of the United States by the government of the ex-State.

The new country will assume a proportion of debt, effective as of the date of secession, equal to the percentage population of the seceding State as compared to the population of the United States in whole.

As of the date of secession, all business licenses and professional licenses issued under the authority of the United States or any of its legal entities will be considered void

All United States passports for those not retaining United States citizenship will be void upon the date of secession. Persons from the ex-State who do not retain United States citizenship will be required to obtain new travel documents and comply with all travel requirements in the United States as Congress may create.

This amendment shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several States within seven years from the date of its submission to the States by the Congress.

The Congress shall have power to enforce this article by appropriate legislation.

Some people think that States can summarily secede, others say no. A few like me think they can by following the same process used to be admitted to the Union.

OK, lets make it official.



>>>>

Although I think seccession is silly, in this theoretical exercise I would change a few things.

1st, people who have paid into social security ONLY would get back what they paid in. Its only fair as this was the concept of SS, a retirement fund. its like leaving a job, you take what you put in back, unvested.

2nd: Any "federal" land is returned to the state. It was the states in the first place.

3rd. Any mobile assets should leave, with the exception of national guard equipment.

 

[Sallow]

Well no.

There absolutely should be no right to secede.

There is a right for folks to leave. If they are unhappy they should use that right.

 

[SniperFire]

I hope we can do this without bloodshed.

 

[martybegan]

Well no.

There absolutely should be no right to secede.

There is a right for folks to leave. If they are unhappy they should use that right.

Right now there isnt, the civil war proved that. But this would be a framework, via amendment, that would create that right at state level.

 

[WorldWatcher]

Title: An Amendment Concerning the Secession of a State

Section 1: Power to Secede
Just as new states are admitted to the Union in Article IV Section 3 of this Constitution by powers vested in Congress, so to shall the secession of a State be approved by Congress representing the combined will of all people of the United States.

Section 2: Insurrection
Any State attempting to secede from the Union without the consent of Congress will be deemed to be in a condition of insurrection under Article I Section 8 of this Constitution.

Section 3: Method of Approval
Upon the receipt of a Bill of Secession from the duly elected republican form of government representing a State, both houses of Congress will be called into emergency session to address the bill and will remain in session until such time as a final determination of the bill is laid to rest.

Upon the receipt of a Bill of Secession, the States representatives to Congress will become non-voting members on all matters during the period of consideration of the bill.

Each house will adjourn to their respective chambers to debate the merits of the Bill of Session. After a period of debate, Congress will meet in joint session to vote on the bill. Each member of the Senate will receive one vote, each member of the House will receive one vote, and the Vice President will have one vote on the question of secession regardless of the votes cast by Senators. Members of Congress for the State requesting secession may fully participate in the debate process, however they shall not be counted or present during the joint session during the time the ballots are cast on the question of secession. Secession will be granted upon a majority of votes.

A roll-call vote on the question of secession will be conducted in a joint session of Congress no later than thirty calendar days after the official receipt of the Bill of Secession from the State. Final determination may be delayed in ten day increments upon approval by both the joint session of Congress and the Chief Executive of the State requesting the bill. No more than three extensions may be granted. If after the initial period and any approved extensions the bill has not been voted on or has not achieved passage, then the question of the bill will have failed.

Section 4: Citizenship
Individuals in all States of the Union are citizens of these United States. Upon a Bill of Secession each individual will choose to retain United States citizenship or will renounce their citizenship in the United States of America by accepting citizenship in the new country. Accepting citizenship in the new country will be considered voluntary revocation of United States citizenship. Voting in the new country after the date of independence of the new country will be considered voluntary revocation of United States citizenship.

After revocation of citizenship, an individual may in the future apply for naturalization under laws as determined by Congress under Article I Section 8 of this Constitution but will forever lose any designation of natural born citizen.

Parent or legal guardians of minor children may take such action as they deem appropriate, however a minor child will retrain United States citizenship for a period not to exceed one year after their birth date in the year of maturity where they would otherwise be able to vote in federal elections, prior to such time they must proactively choose to retain their United States citizenship under rules and procedures as determined by Congress or their citizenship will be considered renounced in the same manner as other adults.

Section 5: Entitlements and Other Payments
Upon loss of United States citizenship, either through an act of secession or through an individual act of renouncing citizenship, the individual will irrevocably renounce their citizenship and forfeit all claims to any and all entitlements payable by the United States government. States may make such laws dealing with loss of citizenship and entitlements as they deem necessary.

During a period of consideration of a Bill of Secession, all entitlement payments to individuals, payments to the State as part of any and all government programs, and payments that are part of government contracts with private entities in the requesting State will be reduced by fifty percent. If the Bill of Secession is approved, then such payments, programs, and contracts within the new country will be considered void. If the Bill of Secession is not approved and the State remains in the Union, then all reductions in payment will be eliminated and paid in full retroactive for the period of reduction.

Section 6: Taxation
Individual will be liable for all taxes due as of their last date of citizenship. Ex-citizens will be treated as other foreign persons as of their first date of non-citizenship for other tax purposes.

Section 7: Transfer of Property, Debt Allocation, and Other Considerations
As a requirement of secession, all mobile property and assets of the United State government will be returned to the United States. Property not returned will be added to any monetary amount owed to the people of the United States by the government of the ex-State.

The new country will assume a proportion of debt, effective as of the date of secession, equal to the percentage population of the seceding State as compared to the population of the United States in whole.

As of the date of secession, all business licenses and professional licenses issued under the authority of the United States or any of its legal entities will be considered void

All United States passports for those not retaining United States citizenship will be void upon the date of secession. Persons from the ex-State who do not retain United States citizenship will be required to obtain new travel documents and comply with all travel requirements in the United States as Congress may create.

This amendment shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several States within seven years from the date of its submission to the States by the Congress.

The Congress shall have power to enforce this article by appropriate legislation.

Some people think that States can summarily secede, others say no. A few like me think they can by following the same process used to be admitted to the Union.

OK, lets make it official.



>>>>

Although I think seccession is silly, in this theoretical exercise I would change a few things.

1st, people who have paid into social security ONLY would get back what they paid in. Its only fair as this was the concept of SS, a retirement fund. its like leaving a job, you take what you put in back, unvested.

I disagree, if you want to give up your citizenship, do so. Don't expect the rest of us to pay you bills for the rest of your life.

2nd: Any "federal" land is returned to the state. It was the states in the first place.

"Federal" land is a fixed asset and can't be moved so it would become part of the new country.

3rd. Any mobile assets should leave, with the exception of national guard equipment.

Nope, national guard equipment belongs to DOD a federal agency paid for by the federal government. Since they get to keep all fixed assets paid for with federal dollars (buildings, roads, bridges, dams, etc.) then they all mobile equipment gets moved out.

Although part of the negotiations conducted during the (up to) 60 day negotiation period could be setting a price on how much we'd sell the equipment to then for.


>>>>

 

[WorldWatcher]

Well no.

There absolutely should be no right to secede.

There is a right for folks to leave. If they are unhappy they should use that right.

Right now there isnt, the civil war proved that. But this would be a framework, via amendment, that would create that right at state level.

Actually this creates a framework at the federal level. Just as a prospective State needs approval at the federal level to join the Union, it needs approval at the federal level to leave the Union.

How a Bill of Secession is passed within the State, that is at the State level.



>>>>

 

[LadyGunSlinger]

Ever notice how the majority of libruls never support State's rights?? As to secession, they don't support that either.. that one is a no brainer. They wouldn't have any taxpayer base to fund their welfare programs.

 

[Synthaholic]

What a bunch of whiny fucking crybabies.

 

[LadyGunSlinger]

Well no.

There absolutely should be no right to secede.

There is a right for folks to leave. If they are unhappy they should use that right.

Right now there isnt, the civil war proved that. But this would be a framework, via amendment, that would create that right at state level.

Actually this creates a framework at the federal level. Just as a prospective State needs approval at the federal level to join the Union, it needs approval at the federal level to leave the Union.

How a Bill of Secession is passed within the State, that is at the State level.



>>>>

BULLSHIT.. The Federal government does not get to dictate it's FASCIST mandates to the States. That's the entire concept of States rights.

 

[LadyGunSlinger]

The Tenth Amendment (Amendment X) to the United States Constitution, which is part of the Bill of Rights, was ratified on December 15, 1791.[1] The Tenth Amendment states the Constitution's principle of federalism by providing that powers not granted to the federal government by the Constitution, nor prohibited to the States, are reserved to the States or the people.

http://en.wikipedia.org/wiki/Tenth_Amendment_to_the_United_States_Constitution

 

[WorldWatcher]

The Tenth Amendment (Amendment X) to the United States Constitution, which is part of the Bill of Rights, was ratified on December 15, 1791.[1] The Tenth Amendment states the Constitution's principle of federalism by providing that powers not granted to the federal government by the Constitution, nor prohibited to the States, are reserved to the States or the people.

Tenth Amendment to the United States Constitution - Wikipedia, the free encyclopedia

The 10th Amendment provides that powers not granted to the federal government are retained by the states. Hate to point out bad news but Article I Section 8 provides that Congress can deal with insurrections. A state attempting to summarily secede has placed itself in a state of insurrection.


>>>>

 

[WorldWatcher]

Right now there isnt, the civil war proved that. But this would be a framework, via amendment, that would create that right at state level.

Actually this creates a framework at the federal level. Just as a prospective State needs approval at the federal level to join the Union, it needs approval at the federal level to leave the Union.

How a Bill of Secession is passed within the State, that is at the State level.



>>>>

BULLSHIT.. The Federal government does not get to dictate it's FASCIST mandates to the States. That's the entire concept of States rights.

According to the 10th Amendment states have powers not rights, and those powers extend to things not addressed elsewhere in the Constitution. Sorry, but insurrection is dealt with Constitutionally by Congress.


>>>>

 

[g5000]

There is nothing easier in the world than clicking a button on an online petition. It's so easy even a retard can do it.

And yet the secessionists can't even get 1 out of 100 people to click on theirs. But for some reason their panties are still all wet over it.

.

 

[WorldWatcher]

Ever notice how the majority of libruls never support State's rights?? As to secession, they don't support that either.. that one is a no brainer. They wouldn't have any taxpayer base to fund their welfare programs.

Personally I don't have a problem with States seceding if they so desire. They return property owned by the people of the United States but keep the fixed assets. They assume their fair share of the debt. After that cut all ties and they become an independent nation, then they can sink or swim on their own.


>>>>

 

[WorldWatcher]

There is nothing easier in the world than clicking a button on an online petition. It's so easy even a retard can do it.

And yet the secessionists can't even get 1 out of 100 people to click on theirs. But for some reason their panties are still all wet over it.

.

And most of them haven't thought through how the process of secession would work and the impact on their lives of the Chaos inherent in a fledgling nation when they would truly be "on their own".



>>>>

 

[LadyGunSlinger]

Actually this creates a framework at the federal level. Just as a prospective State needs approval at the federal level to join the Union, it needs approval at the federal level to leave the Union.

How a Bill of Secession is passed within the State, that is at the State level.



>>>>

BULLSHIT.. The Federal government does not get to dictate it's FASCIST mandates to the States. That's the entire concept of States rights.

According to the 10th Amendment states have powers not rights, and those powers extend to things not addressed elsewhere in the Constitution. Sorry, but insurrection is dealt with Constitutionally by Congress.


>>>>

Anyone who desires to ,can go back and look at Case Law. The 14th amendment has been the most contenticious amendment with the most lawsuits brought..

14th amendment, Sections 2- 5 talk about insurrection during the Civil War. In dealing with overreach by the Federal Govt, Justice Marshall wrote:

Writing for the Court, Chief Justice John Marshall asserted that the Constitution created the federal government, and the provisions of the Constitution were designed to regulate the activity of the federal government. The people of each state enacted their own constitution, Marshall contended, to regulate the activities of their state and local governments. Thus, Marshall reasoned that the U.S. Constitution operates only as a limitation on the powers of the federal government, unless one of its provisions expressly restricts the powers of state governments, as does Article I, Section 10.

fourteenth amendment legal definition of fourteenth amendment. fourteenth amendment synonyms by the Free Online Law Dictionary.

 

[LadyGunSlinger]

Insurrection during the CIVIL WAR is NOT and has ZERO to do with an out of control Federal Government with whom our Framers themselves fled and began a new country- OUR OWN , when faced with the same.

 

[WorldWatcher]

The 14th...

Which of course has absolutley nothing to do with the OP, which is placing a mechanism in the Constitution to provide for peaceful and equitable secession of a state.



>>>>

 

[SniperFire]

PLEASE!

Let's not argue.

We need to do this orderly and peacefully.

Civil war is sucky.