RESOLUTION PROPOSING TO ELIMINATE ARTICLE I, SECTION 4 (“SECESSION PROHIBITED”) FROM THE NC STATE CONSTITUTION

Written and Proposed by Diane Rufino

RESOLUTION TO REMOVE ARTICLE I: SECTION 4 from the NORTH CAROLINA CONSTITUTION

This is a resolution to propose that Article I, Section 4 be removed from the NC state constitution, in part to acknowledge that the federal government unconstitutionally required the provision and in part to reassert state sovereignty

Whereas, Article I, Section 4 of the NC state constitution reads:  “Sec. 4.  Secession prohibited. This State shall ever remain a member of the American Union; the people thereof are part of the American nation; there is no right on the part of this State to secede; and all attempts, from whatever source or upon whatever pretext, to dissolve this Union or to sever this Nation, shall be resisted with the whole power of the State.”;

Whereas, in 1865, under orders from President Abraham Lincoln, North Carolina’s provisional governor, William W. Holden, called a convention to write a new constitution for the state and to submit it to the US Congress for approval as one of the preconditions for re-admission into the Union. Two requirements for re-admission were the ratification of the 13th amendment (to reject slavery) and a provision in the state constitution rejecting the right of secession;

Whereas, North Carolina was put in a seriously compromising position whereby she had no representation in the US Congress but would continue to be governed by its laws and policies.  Re-admission would allow representation;

Whereas, in order to be admitted back into the Union, the provision “secession prohibited” was included in the state constitution,

Whereas, the provision was added against the will of the people (the new constitution was rejected in a popular vote) and hence undemocratic;

Whereas, the US promises a republican form of government in every state (one of the very reasons Lincoln felt justified in waging the Civil War);

Whereas, the provision was added under coercion (and amounts to a “forced confession”);

Whereas, the provision is a badge of shame; it attaches a stigma to the state and the people of North Carolina as a result of being defeated and plundered by the North in the Civil War;

Whereas, the provision continues to punish North Carolina for daring to side with her neighbors in 1861 rather than invade and wage war against them.  [After seven states had already seceded, Secretary of War, Edwin Stanton, sent a telegram to NC Gov. Ellis telling him that North Carolina would be expected to furnish two regiments to make war on the seceded States. The governor closed his refusal with these words: “I can be no party to this wicked violation of the laws of the country, and to this war upon the liberties of a free people. You can get no troops from North Carolina.”];

Whereas, North Carolina had no intention of seceding UNTIL it became clear that she would be required to wage war against her sister southern states (the states she had more in common with), and hence was coerced into secession. [In 1861, after her neighbors had already taken action, NC sounded rejected a convention to vote on secession];

Whereas, while North Carolina voted against a convention and rejected secession, it never gave up its belief in two principles: first, that the Constitution is the supreme law of the land pursuant to the express delegations of power held therein, that those express delegations define the extent of its powers with each state holding reserve sovereign powers (tenth amendment), and that the Federal government could not force one State to fight another;

Whereas, after the Civil War was concluded, the US Constitution was never altered to redefine the relationship of the States to the federal government, and thus, the states continued to retain all its reserved rights of state sovereignty under the tenth amendment;

Whereas, the Preamble to the Bill of Rights continues to emphasize how important each of the rights and privileges expressed in the first ten amendments in the establishment of the Union, the design of government, and the harmony of our federation (united states).  [”The Conventions of a number of the States having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government, will best insure the beneficent ends of its institution”];

Whereas, secession is an inherent right under a state’s sovereign powers, pursuant it its right of self-determination and self-preservation;

Whereas, secession is a fundamental right embodied in the Declaration of Independence [Under the Treaty of Paris, 1783, King George III acknowledged that the state of North Carolina, a sovereign state, had seceded from Great Britain];

Whereas, the right of secession being fundamental and inalienable, it can never limited by the federal government in any way, including by hiding behind the Constitution;

Whereas, the provision amounts to a forced denial of North Carolina’s fundamental right of sovereignty;

Whereas, the provision continues to punish the state for daring to remain loyal to founding principles of sovereignty;

Whereas, the provision acts as a badge of shame;

Whereas, the state of North Carolina, while recognizing all of the above as true, has no intention of abandoning its fellow states and leaving the Union.

Therefore, be it Resolved, that the People of the State of North Carolina demand that Article I, Section 4 be removed from the state constitution.

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About forloveofgodandcountry

I'm originally from New Jersey where I spent most of my life. I now live in North Carolina with my husband and 4 children. I'm an attorney
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