2004 Libertarian Presidential candidate Michael Badnarik in Liberty for All:
Over the years I have developed a reputation for being a “constitutional expert”. (Referring to myself as “The Stepfather of the Constitution” admittedly may have something to do with that.) Two of the questions that I am asked quite often are: “Didn’t the outcome of the “Civil War” prove secession is not an option for any State?” and “Doesn’t the Texas Constitution reserve the right of Texas to secede?” I’m not sure why these misconceptions persist, but allow me to attempt to shatter these myths once again.
The Declaration of Independence is an excellent summary about why any government is created in the first place. “That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed. That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.”
Let’s analyze the flow of political power described here. “Governments are instituted among Men…” We the People created Congress (and the rest of the federal government) when the Constitution was ratified. It has been a maxim of law predating the Magna Carta (signed in 1215) that, “the creator is always more powerful than the created”. Bill Cosby jokes about threatening his children with, “I brought you into this world… I can take you out!” Although Mr. Cosby’s threat was an idle one, We the People can literally dissolve any level of government if we have the political will do to so. That’s what the Founding Fathers meant when they wrote, “it is the Right of the People to alter or to abolish it.”