Contrary to popular belief, there is no "State's right" to secede from a perpetual union.
The Articles of Confederation (1777) created a “perpetual Union.” The USCON (1787) made a “more perfect Union.” It didn’t eradicate the original perpetual union. (That is why no state has a “right to secede.”)
. . .
"The guarantee of a republican form of government to every "state" means to its people and not to its government..."
- - - Texas v. White. 7 Wall. (U. S.) 700, 19 L. Ed. 227.
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State can mean:
1. A geographical area (dirt)
2. A government, instituted in harmony with the republican form
3. A people.
Since state government officers swear dual oaths (Art.6), with the USCON being supreme, one can readily see that only PEOPLE can have rights under the doctrine of "STATE'S RIGHTS."
No dirt nor government (and its subject citizens) has the RIGHT to secede from the UNION created to secure rights of all the people.
The sovereign people are the beneficiaries of the institution of government, instituted to secure their rights. Those who submitted, as citizens, surrendered rights. Ergo, no servant government or its subject citizens can dissolve the union that they are oath bound to serve. It is akin to servants walking off with the master's silver and leaving the front door open, an invitation to others to pillage.
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FYI: American people are sovereigns, not subjects *(unlike the rest of the world).
". . . at the Revolution, the sovereignty devolved on the people, and they are truly the sovereigns of the country, but they are sovereigns without subjects, and have none to govern but themselves. . ."
- - - Justice John Jay, Chisholm v. Georgia, 2 U.S. 2 Dall. 419 419 (1793)
https://www.law.cornell.edu/supremec...CR_0002_0419_Z
HOWEVER, citizens are subjects, because of mandatory civic duties. What most Americans are unaware of, is that they consented to be citizens. No republican form government can impose mandatory civic duties, thus citizenship, at birth.
SUBJECT - One that owes allegiance to a sovereign and is governed by his laws.
...Men in free governments are subjects as well as citizens; as citizens they enjoy rights and franchises; as subjects they are bound to obey the laws. The term is little used, in this sense, in countries enjoying a republican form of government.
- - - Black's Law Dictionary, Sixth Edition, p. 1425
(*note: there is only one nation on earth with a republican form)
The Supreme Court has held, in Butler v. Perry, 240 U.S. 328 (1916), that the Thirteenth Amendment does not prohibit "enforcement of those
duties which individuals
owe to the state, such as services in the army, MILITIA, on the jury, etc." In Selective Draft Law Cases, 245 U.S. 366 (1918), the Supreme Court ruled that the military draft was not
"involuntary servitude".
...
Before the USCON (1787), G.W. - - -
“ It may be laid down, as a primary position, and the basis of our system, that every citizen who enjoys the protection of a free government, OWES not only a proportion of HIS PROPERTY, but even of his PERSONAL SERVICES to the DEFENCE of it, and consequently that the Citizens of America (with a few legal and official exceptions) from 18 to 50 Years of Age should be borne on the MILITIA ROLLS, provided with uniform Arms, and so far accustomed to the use of them, that the Total strength of the Country might be called forth at Short Notice on any very interesting Emergency.”
- - - George Washington; "Sentiments on a Peace Establishment" in a letter to Alexander Hamilton (2 May 1783); published in The Writings of George Washington (1938), edited by John C. Fitzpatrick, Vol. 26, p. 289.
{ Note: G.W. is not saying that ALL Americans owe their lives and property in service to the state. Only voluntary citizens are so obligated.}
...
Title 10 United States Code, Sec. 311. Militia: composition and classes
(a) The militia of the United States consists of ALL able-bodied MALES at least 17 years of age and, ... under 45 years of age who are ... CITIZENS of the United States
...
Articles of Confederation, VI. (1777)
...every State shall always keep up a well-regulated and disciplined militia, sufficiently armed and accoutered, and shall provide and constantly have ready for use, in public stores, a due number of field pieces and tents, and a proper quantity of arms, ammunition and camp equipage.
...
Art. 1, Sec. 8, USCON (1789)
Congress shall have power ... To provide for calling forth the militia to execute the laws of the union, suppress insurrections and repel invasions;
...
http://en.wikipedia.org/wiki/American_Civil_War
“The great draft riot in New York City in July 1863 involved Irish immigrants who had been signed up as citizens to swell the vote of the city's Democratic political machine, not realizing it made them liable for the draft.”
CONSENT OF THE CITIZENRY
“ Our theory of government and governmental powers is wholly at variance with that urged by appellant herein. The rights of the individual are not derived from governmental agencies, either municipal, state or federal, or even from the Constitution. They exist inherently in every man, by endowment of the Creator, and are merely reaffirmed in the Constitution, and restricted only to the extent that they have been VOLUNTARILY SURRENDERED BY THE CITIZENSHIP to the agencies of government. The people's rights are not derived from the government, but the government's authority comes from the people. The Constitution but states again these rights already existing, and when legislative encroachment by the nation, state, or municipality invade these original and permanent rights, it is the duty of the courts to so declare, and to afford the necessary relief. The fewer restrictions that surround the individual liberties of the citizen, except those for the preservation of the public health, safety, and morals, the more contented the people and the more successful the democracy.”
- - - City of Dallas v Mitchell, 245 S.W. 944
https://casetext.com/case/city-of-dallas-v-mitchell-1
...
If you’re a subject citizen, you are theirs to command. Sit down, shut up, pay and obey.
But if you didn't consent - - -
"What I do say is that no man is good enough to govern another man without that other's consent. I say this is the leading principle, the sheet-anchor of American republicanism. Our Declaration of Independence says: "We hold these truths to be self-evident: That all men are created equal; that they are endowed by their Creator with certain inalienable rights; that among these are life, liberty and the pursuit of happiness. That to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed."
- - - Abraham Lincoln, Speech at Peoria, Illinois (1854)
http://en.wikiquote.org/wiki/Abraham_lincoln
As Lincoln reminds us, under the republican form, promised by the USCON, described by the Declaration of Independence, NO MAN (nor American government) is good enough to govern you without your consent. Without your consent, all that government is authorized to do is secure endowed (sacred) rights (prosecute trespass; adjudicate disputes; defend against enemies, foreign or domestic).
You must learn HOW and WHEN you gave consent and decide if you wish to continue or withdraw that consent. But SECESSION is not the remedy.
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• In America, if you have endowed rights, liberties and powers, you’re under the republican form of government.
• If instead of endowed rights, you have "constitutional rights" (privileges and immunities), and mandatory civic duties, you’re under the constitutionally limited indirect democracy that serves the people in the republican form of government - by your consent.
• If you have socialist obligations (in exchange for “entitlements”), you’ve volunteered into the socialist democratic form, via FICA - again, by your consent.
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If you're sovereign, under the republican form, served by government, what more do you want?
But if you want to rule another, under the democratic form, that requires your own submission, so sit down, shut up, pay and obey.