They have an entire legal mythology established, going back to the civil war where Congress adjourned sine die . . .
Being interested in the American Civil War, I decided to look into this claim.
Oh, the stupid, it burns! Stupid following is in
red.
http://republicassembly.com/book/export/html/24
When the Southern states walked out of Congress on March 27, 1861, the quorum to conduct business under the Constitution was lost.
US Constitution, Article I, Section 3, Paragraph 1:
Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members, and a Majority of each shall constitute a Quorum to do Business; but a smaller Number may adjourn from day to day, and may be authorized to compel the Attendance of absent Members, in such Manner, and under such Penalties as each House may provide. [bolding mine]
On March 27, 1861, there were 34 states, making 68 Senators. The House of Representatives consisted of 238 members. Kansas, which had just been admitted, had not yet selected its Congressional delegation. Only 7 states had purportedly seceded at that time, so at most 14 Senators would have walked out. Those states had a total of 35 seats in the House. So the implication that at that point it was impossible for Congress to reach a quorum is clearly erroneous.
The only votes that Congress could lawfully take, under Parliamentary Law, were those to set the time to reconvene, take a vote to get a quorum, and vote to adjourn and set a date, time, and place to reconvene at a later time, but instead, Congress abandoned the House and Senate without setting a date to reconvene. Under the parliamentary law of Congress, when this happened, Congress became Sine Die(from the Latin "without day") means "without assigning a day for a further meeting or hearing" to adjourn an assembly sine die is to adjourn it for an indefinite period. (pronounced see-na dee-a; literally “without day”) and thus when Congress adjourned sine die, it ceased to exist as a lawful deliberative body...
The idea that a legislature, or any other body, can permanently put itself out of business by adjourning
sine die can only
possibly apply if there are no preexisting rules fixing meeting times.
US Constitution, Article I, Section 4, Paragraph 2:
The Congress shall assemble at least once in every Year, and such Meeting shall be on the first Monday in December, unless they shall by Law appoint a different Day. [Note: the date was later changed to January 3rd]
Further:
US Constitution, Article II, Section 3, Paragraph 1:
[The President] shall from time to time give to the Congress Information of the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient; he may, on extraordinary Occasions, convene both Houses, or either of them . . .
and the only lawful, constitutional power that could declare war was no longer lawful, or in session.
As noted, Congress was most certainly still "lawful." Further, no declaration of war is required in the case of a rebellion.
After Fort Sumter, four more states purported to secede, with eight Senators and 33 Representatives. However, one Senator and three Representatives from Tennessee refused to recognize the secession, and remained in Congress. Further, the counties forming what is now the state of West Virginia held a convention, declared all the state offices of Virginia vacant, and set up a new state government. This new government subsequently elected two Senators and three Representatives, all of whom were seated by Congress. So during the special session of Congress called by Lincoln for July 4, 1861, the net loss was 19 Senators and 62 Representatives, leaving 49 Senators and 176 Representatives, comfortably in excess of the 35 Senators and 120 Representatives required for quorums.
The Southern states, by virtue of their secession from the Union, also ceased to exist sine die, and some state legislatures in the Northern bloc also adjourned sine die, and thus, all the states which were parties to creating the Constitution ceased to exist.
Most, if not all, states have provisions in their constitutions for convening the legislature that preclude the
sine die issue just as the US Constitution does. That aside, notice how the author attempts to handwave from "some" to "all".
I could go on, but there's no point. It's abundantly clear that the claim isn't merely legal mythology, it's demonstrably nothing but legal and constitutional fiction, and very poorly written fiction at that.
I'd call this claim an epic fail, but that would be dignifying it far more than it deserves.