Rick Perry – An Honest Grasp of The Constitution and Secession

First Flag of the Republic of Texas - www.justgetusthere.com

Several Media Outlets have questioned Gov. Rick Perry’s recent secession statement at one of the Tax Day Tea Party’s he attended on Tuesday. A columnist for the Fort Worth Star Telegram decided to check on the Governor’s grasp of History, so he went to Texas A&M’s history department (Perry’s alma mater) to get the “scoop” from a Texas Historian. Apparently, this Texas Professor believes that Texas has no right, nor any other state to leave the Union. Perhaps Mr. Kennedy, the columnist should have done further research.

An excellent treatment of the history of Texas, from their role as an Independent Republic, to a Confederate State to their readmission to the Congress of the United States can be found here at the Texas State Library Association. An excerpt follows:

When the war ended in April 1865, Texas was still considered to be in revolt (the last battle of the Civil War was fought on Texas soil after the surrender at Appomattox). Although a state of peace was declared as existing between the United States and the other Southern States on April 2, 1866, President Andrew Johnson did not issue a similar proclamation of peace between the U.S. and Texas until August 20, 1866, even though the Constitutional Convention of 1866 had approved on March 15, 1866 an ordinance to nullify the actions of the Secession Convention
Southern States remained under military government until their legislatures adopted the 13th, 14th, and 15th amendments to the United States Constitution. Their readmission to full national status varied from state to state (Georgia was readmitted twice).
In April 1869, the U.S. Congress passed an Act authorizing voters of Virginia, Mississippi and Texas to vote on their new state constitutions and to elect state officers and Members of Congress. Three months later, President U.S. Grant signed a proclamation submitting the Texas Constitution to the voters of the state.
Texans voted on a revised state constitution in November 1869 and elected a state government. Once convened, the legislature voted to ratify the 14th and 15th amendments to the U.S. Constitution (the 13th amendment having already been fully ratified) and elected two U.S. Senators, thereby completing the requirements for reinstatement. President Grant signed the act to readmit Texas to Congressional representation on March 30, 1870, and this federal act was promulgated throughout Texas by a general order issued by General Reynolds on April 16, 1870.
No requirement exists -- either in the Reconstruction Acts governing the rebel states or in the document readmitting Texas to full statehood -- for the governor of Texas to sign a document reaffirming Texas' position as a state within the United States republic. The only ongoing requirement of Texas government was that no constitutional revision should deny the vote or school rights to any citizen of the United States.
A thorough check of the volumes of federal statutes for the entire period of Reconstruction (1865-1870) and through 1872 revealed no other legislation requiring further proof of submission to the U.S. government on the part of Texas or any other of the "rebel states."

Additionally, one would refer to the Constitution of the United States, which does not deny a States option to secede (Findlaw – on Democrats in “Blue States” that wanted to secede after the 2004 election)
Historically speaking and in line with the Constitution Rick Perry has more than a leg to stand upon. The arguments against secession are not based in the Constitution –in fact, both Jefferson and Madison believed the Constitution to be an agreement between sovereign States. The Civil War, and Lincoln, brought the concept of “Succession as Unpatriotic” to the forefront - however, Lincoln in doing so, also played “fast and loose" with the Constitution - there simply was no legal basis, from one document that governs all states, to argue against secession.

White House Spokesman Gibbs – Dismisses Tea Party Protests - Estimates 800 Held Nationwide Equals a Massive Demonstration

From Meet-up.com - Tax Day Tea Party Locations

Boston Tax Day Tea Party - NECN Photo

Yesterday, Press Secretary Robert Gibbs, dismissed the Tea Party Participants nothing the either had already received a tax cut from Obama (that $8.00 to $13.00 extra in one’s paycheck that will be wiped out by the upcoming Federal gas tax increase), or that the participants were smokers (referring to the new tax on tobacco products). The majority of the headlines from major daily papers read: ”Republicans Stage ‘tea party’ protests against Obama”, in an effort to marginalize the scope of the protests that we’re held on the 15th of April in an estimated 800 cities nationwide. That figure is somewhat difficult to pin down, as the group Tax Day Tea Party alone had 800 planned, and there were many nationwide which were not affiliated with the group.

Tea Party San Francisco - image CBS

Should one take the time to query Google News, they will be faced with a daunting 2,223 articles regarding Tea Party’s held across the nation; larger venues such as Atlanta drew a conservative 10,000 protesters, and should one estimate only 1,000 attendees per tea party, that would mean 800,000 citizens protested yesterday on a variety of issues that are based on taxation. From Obama’s budget to the IRS, signs were held high from Lansing Michigan to San Francisco; where the local news, in most cases reported a mix of attendees; Republican’s, Independents and yes, Democrats who are sick and tired of bloated budget and out-of-touch politician’s, including Obama. Although the concept was brought about by a Conservative Group (not Republican), the attendees were a mixed bag of political ideology with a common complaint.

What ABC, NBC and CBS (CNN, MSNBC), fail to understand is that; although they do have a certain viewership, they will further lose credibility simply because people also watch their local news, which, reports contradict the national media. This will also apply to the White House – should the President (or Gibbs) downplay the events or tag them as “Republican”, they too will be in the same league as the other “talking heads”. What is it that the people want? The citizens of this country want an end to limitless returns to Congress, which enables these legislators to continue to plug pork and ridiculous spending measures into each budget and bill they lay their hands on. Additionally, the current budget is unacceptable to many who know that the tax burden being placed on future generations is untenable. The reason for tagging Republican to the events is simple; and transparent – the White House and the Media understand that the people are angry across the board, and will tag the Democrat Party, with Obama at its helm, as the culprits. This will lead to a strong showing to the GOP in 2010 - however, should they tag this nationally as a GOP idea, then they are doing a disservice to those who attended the protests (who were bi-partisan) and a service to the Republican Party. The Party will benefit, and be branded anti-tax, anti-budget, which, in an ever deepening economic mess, will be remembered by those heading to the polls in 2010 and 2012.

From Patrick’s Crackpot Taxes to Obama’s Budget - Massachusetts Tea Party – Springfield – “Go Tax Yourself”

From WWLP Springfield, MA : The grassroots Tea Party movement drew several hundred people in the Bluest Corner of the Bluest State today. Tea Party’s protesting the Governments abuse of the Constitution (excessive taxes) are being held around the country today. It is, perhaps, most relevant in the State of Massachusetts, where the first Tea Party was held in Boston in 1773, a rallying cry for Patriots who longed for a representative government by and for the people. Today, Massachusetts, under the administration of Governor Duval Patrick (D), is one of the most excessively taxed States in the Country. Massachusetts Taxpayers fees and taxes are notorious. From owning the 4th highest corporate tax globally, to increases in fees for auto registration and high fees assessed and paid to the Department of Revenue for not participating in the State Run Universal Health Insurance Program – what is left of the middle class in Massachusetts may soon be unable to carry the burden any longer for the excesses of the Governor and Beacon Hill. New taxes proposed by David Axelrod’s Boy Wonder (the .19 Cent per Gallon Gas Tax aside) include: (Boston Globe):

Meals tax
Increase the statewide meals tax by 1 percentage point, to 6 percent, which would raise $125 million for next fiscal year. Also give municipalities the option to raise the tax by an additional 1 percentage point, to 7 percent.

Hotel tax
Increase the statewide hotel tax by 1 percentage point, to 6.75 percent, which would raise $24 million next fiscal year. Also give municipalities the option to raise the tax by an additional 1 percentage point, to 7.75 percent.

Alcohol, soda, and candy tax
Eliminate a tax exemption on sales of alcohol, soda, and candy. Currently food sold outside of restaurants is exempt from the state's 5 percent sales tax; the governor wants to eliminate that exemption for certain items. For next fiscal year, the move would raise $150 million, $121.5 million of which would go to state coffers and $28.5 million to a fund used to build public schools. The proposal would have raised $24 million this year if the Legislature had implemented it by April 1.

RMV fees
Increase a variety of fees that residents pay when they go to the Registry of Motor Vehicles. All told, $74.5 million would be raised for during the next fiscal year. It would have raised $18 million this year, if the Legislature had implemented it by April 1.

Telecommunication tax
Eliminate a tax exemption for telecommunications companies, which would raise about $52 million.

Bottle deposit fees
The state's 5-cents -per-container charge on carbonated sodas, beer, and malt beverages would be expanded to also include noncarbonated beverages like sports drinks, water, and juices. It would raise $20 million in state revenue for next fiscal year.

Now that’s a stimulus that would motivate the middle class to move to say – Texas!

Most of the taxpayers, nationwide, are not in the same league as say, Obama’s Treasury Secretary Geithner (one of many), a fact known to anyone not living under a rock – and the resentment is growing. The Tax Day Tea Party Protests will, undoubtedly be given little heed by those who feel above and beyond the common people, until November 2010.