Can Texas secede from the union?

Can Texas secede from the union?

Can Texas secede from the Union is a question that has been batted back and forth for a very long time. Some say yes, some say no, some rattle on about specifics in the U.S. Constitution that supposedly say NO.

I am presenting these words to offer a bit of balance to the mix.

The US Constitution is silent on the issue of secession. There is no provision in the Texas Constitution (current or former) that reserves the right of secession, but it does state that “Texas is a free and independent State, subject only to the Constitution of the United States” … not to the President of the US or even the Congress of the US.

Both original and current Texas Constitutions state that political power is inherent in the people and (just as the Declaration of Independence declares) “the people have the right to alter their government in such manner as they might think proper.”

Texas and Hawaii are two states that were once recognized as independent nations, before choosing to join the Union. Their voluntary decision to join the Union did not come with an explicit agreement that they could never leave.

Some people claim that the Civil War proved that secession is illegal. Whether one was in favor of the North or the South, all that war actually “proved” is that a state or group of states can be militarily forced to continue being a part of a group. Superior strength does not prove morality or legality as any citizen of the former Soviet Union can attest.

Some people are under the mistaken impression that the US Supreme Court decision in Texas v. White “proved” that secession is unconstitutional. Actually, that decision was not based on any precedent or anything in the Constitution and was in direct conflict with the actions of the then-President Grant who had to sign an act to “re-admit” Texas into the Union and allow them to send Representatives back to Congress. If Texas had never left, as the Court declared, it would not have been required to be “re-admitted” and Grant would not have needed to sign the declaration. This is a conflict that has never been fully cleared up.

Bottom line: There is no law forbidding or allowing secession. If Texas or any other state decides to secede, the resulting peaceful separation or war will depend not on law, but on the will of whoever happens to be Commander-in-Chief at the time.

One can also argue, and constitutional scholars certainly have, that the ‘readmission’ of Texas to the union did not violate the Supreme Court’s decision in Texas vs. White…it was is superfluous, and indeed, did not, in and of itself violate, and was not contrary, to the Texas vs. White ruling. Simply speaking, there was no precedent for handling this situation. The readmission of Texas in early 1870 came just a short few months after Texas vs. White, and Congress and the President did not foresee the long-term implications of the Supreme Court decision. Just like there is no explicit wording in the Constitution forbidding secession, there is no wording in the Constitution specifically outlining the statutory process for the readmission of states.

Because of this, if state’s rights proponents continue to argue that a state’s right to secede is implied because they joined the union as ‘independent states’, a strong argument can also be made that an indissoluble union was also implied in the Constitution. Membership in a union does not diminish in importance or totality a state’s sovereignty. That’s the whole point of federalism. However, it does imply relinquishing some power to the national government. Indeed, federalism is ‘shared’ power, but it is not ‘equal’ power, at least in the example of the US. Clearly national dominance was designed into the structure of the Constitution. SOURCE

Judge Andrew Napolitano has his opinion on the matter;

The talk show host asked Napolitano, “Can we put this to rest once and for all. Does Texas or any other state in this great union have the right today to secede from the nation?”

Napolitano responded, “Yes. They have the right to nullify and to secede. It was understood by the people who wrote the [Constitution].” SOURCE

And then there Texas Governor Rick Perry;

“Texas is a unique place. When we came into the union in 1845, one of the issues was that we would be able to leave if we decided to do that,” Perry said. “My hope is that America and Washington in particular pays attention. We’ve got a great union. There’s absolutely no reason to dissolve it. But if Washington continues to thumb their nose at the American people, who knows what may come of that.” SOURCE

Now Perry says that Texas doesn’t need to think about secession, we need to work with the other states to rebuild a very broken Union.

I am of the opinion that Gov Rick Perry is nothing more than a pandering politician; he was spouting secession and the right of Texas to secede when it was convenient to HIS cause when he was trying to become POTUS.

I was asked today about the mainstream GOP and whether or not THEY were on board with the idea of Texas secession.

My answer to that is very simple; the mainstream GOP is NOT a Conservative lot, they are, more correctly, *Democrat Lite*, nothing more. The GOP has, in MY opinion, moved so far to the left in an effort to bond with the Democrats that the opinions of the mainstream GOP are worth NOTHING!

Texas secession is a sensitive topic, some of us take it very seriously, others make jokes, some call us traitors to the USA, but think about this; in 1776 our Founding Fathers were considered to be traitors and anarchists against England when they wrote these words: When in the course of human events … the most powerful words ever written.

There is NO difference between the Founding Fathers of the USA and those of us that seek separation from the United States today. In my mind, a patriot is a patriot, the USA has fallen so far off of the path of GOOD and RIGHT that I am convinced they will NEVER find their way back.

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15 Responses to Can Texas secede from the union?

  1. Capt Ron says:

    I believe this is a very powerful and succinct post on the subject, Fred.
    Long live the Republic of Texas!

  2. Lawfully? I’m unsure. An interesting legal question.

    But, you really didn’t expect Perry to support secession when the chips were down, did you?

    BZ

  3. Katie says:

    No revolt is legal in the third person: “Their revolt. It is legal in the first person: “Our revolt.

    The question is not whether Obama will let you leave, but will he use force to return you to the Union and if the military will fire upon their countrymen.

    • TexasFred says:

      IF secession were to happen I am certain Obama WOULD order troops to restore the Union, he needs all the tax payers he can get to keep his socialist ass alive and well in money, but whether the troops would follow those orders is seriously up for grabs there Katie.

      Conservative estimates are that at least 75% of ALL military and police would stand with secession and move to Texas…

      We would have an AWESOME standing Army of The Republic!

      • Obama would order troops inserted for two reasons:

        1. Loss of revenue: Texas is a powerful producer;
        2. Loss of votes: Texas is a BORDER state and a lot of his VOTERS cross there

        He would NOT order in troops for “ideals” such as cohesiveness of the Union, to continue the Constitution, etc.

        BZ

  4. NativeSon says:

    Great post Fred! I have to assume you meant “politically speaking” “When in the course of human events … the most powerful words ever written.” Is the most powerful sentence ever written.

    I woud disagree and state unequivocally, “For God so loved the world…” IS the greatest thought/action/sentence ever surmised/done/written! :)

  5. Bunkerville says:

    Of course all that signed the WH petition will be rounded up first as your previous post so aptly described the brilliance of the move.

  6. wildbill208 says:

    Fred,correct me if I am wrong,but I think that I read that the U.S.M.C. said that they would never fire on a U.S. citizen on U.S. soil?

    • TexasFred says:

      I have heard that too Bill, I haven’t seen it in writing but I am certain that at least 75% of ALL military and police would refuse those orders as well..

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