The Compact of Free Association: How Seceding States Might Band Together

March 17, 2010

I hear from lots of readers who would like to see states secede, but would also like to see those states join together in some sort of confederation. Regional confederations of states may make good sense in some situations. But the US Constitution has a dismal record of being ignored or violated. Said another way, American citizens have a dismal record of forcing their Federal Government to stay within the strictures of the Constitution.

The criminals in DC forsook the terminally ill Constitution back in the 1860s and for all intents and purposes, the US Constitution has been dead since then. That secret band of robbers, murders and tyrants in DC, responsible and answerable to no one, behave however they choose with no restrictions on their power. And the states are powerless to enforce a dead Constitution on the DC criminals, since they control neither the power of the purse nor the power of the sword.

But if states seceded and wanted to band together, Articles of Confederation can work just fine. But in 2010, we might want to call the new organizing document by a new name. No one north of the Mason-Dixon Line likes the word “Confederate” since the 1860s.

I place in nomination the name “The Compact of Free Association,” or COFA.

There is already a COFA in place between the United States and the Federated States of Micronesia, which include the Republic of the Marshall Islands, the Commonwealth of the Northern Mariana Islands, and the Republic of Palau.¹

Curiously, in this compact, there is a section dealing with termination. Here is the actual section quoted verbatim:

Article IV: Termination, Section 443

This Compact shall be terminated, pursuant to their respective constitutional processes, by the Government of the Marshall Islands or the Federated States of Micronesia subject to Section 453 if the people represented by such Government vote in a plebiscite to terminate. Such Government shall notify the Government of the United States of its intention to call such a plebiscite which shall take place not earlier than three months after delivery of such notice. The plebiscite shall be administered by such Government in accordance with its constitutional and legislative processes, but the Government of the United States may send its own observers and invite observers from a mutually agreed party. If a majority of the valid ballots cast in the plebiscite favors termination, such Government shall, upon certification of the results of the plebiscite, give notice of termination to the Government of the United States, such termination to be effective on the date specified in such notice but not earlier than three months following the date of delivery of such notice. The time specified in the notice of termination may be extended.

Sounds semi-reasonable, doesn’t it?

Now, you must understand who the parties are in this present-day Compact…the US Government and three other sovereign nations. Washington does not have a real enviable record at keeping treaties and compacts…just as any nation like the Cherokees, Apache and any other Indian nation. And this COFA has enough small print to make any normal human being get steamed.

For example, the COFA has a term of 15 years, and 15 year renewals. But if the Micronesians vote to terminate the agreement, Washington says that some parts of the COFA will continue to the end of the 15 years, whenever that is. The COFA also states that the termination must be mutually agreed by both parties. The deck, as they say, seems a little stacked to favor the house.

So, just know that Washington is already familiar with COFAs, and also know that you can’t trust the DC criminals.

But the structure of a COFA seems sound to this non-lawyer mind:

Title I: Government Relations
Title II: Economic Relations
Title III: Security and Defense Relations
Title IV: General Provisions

If you go back and read the Articles of Confederation, you’ll discover that the A of C was a loose confederation that created a sort of management company called “the United States in Congress assembled.” That created manager had restricted powers and duties, and didn’t really exist when the delegates were not assembled.

Seems to me that a COFA of states, as few as two and as many as desired, could work well if Federalism, Statism, Nationalism and Socialism were abandoned as political philosophies that have been proven to be devastating to mankind and mankind’s individual liberties.

Finally, remember that a compact is a quasi-legal document of dubious enforceability. Perhaps it would be better to negotiate a binding treaty between the nations and call it a Compact of Free Association.

Secession is the Hope For Mankind. Who will be first?

DumpDC. Six Letters That Can Change History.

© Copyright 2010, Russell D. Longcore. Permission to reprint in whole or in part is gladly granted, provided full credit is given.

¹If you would like to read the entire Micronesia Compact, go to: Compact of Free Association