Why can't Texas legally secede when it was annexed and used to be independent?
- wendy cLv 78 years agoFavorite Answer
Texas v. White, 74 U.S. 700 (1869) was a significant case argued before the United States Supreme Court in 1869. The case involved a claim by the Reconstruction government of Texas that United States bonds owned by Texas since 1850 had been illegally sold by the Confederate state legislature during the American Civil War. The state filed suit directly with the United States Supreme Court, which, under the United States Constitution, retains original jurisdiction on cases in which a state is a party.
In accepting original jurisdiction, the court ruled that Texas had remained a state ever since it first joined the Union, despite its joining the Confederate States of America and its being under military rule at the time of the decision in the case. In deciding the merits of the bond issue, the court further held that the Constitution did not permit states to unilaterally secede from the United States, and that the ordinances of secession, and all the acts of the legislatures within seceding states intended to give effect to such ordinances, were "absolutely null".
- MuttLv 78 years ago
No state can, including Texas. Many states tried during the Civil War, but they all were unsuccessful. So even though they claim they seceded, in reality, the secession never happened since it was not legal.
There are 4 states that were independent republics before becoming states: Texas, California, Hawaii, and Vermont. None of these states is granted any powers to secede anytime they want to. They gave that up when they decided to become a state.
- Anonymous8 years ago
This heavily popularized bit of Texas folklore finds no corroboration where it counts: No such provision is found in the current Texas Constitution (adopted in 1876) or the terms of annexation. However, it does state (in Article 1, Section 1) that "Texas is a free and independent State, subject only to the Constitution of the United States..." (note that it does not state "...subject to the President of the United States..." or "...subject to the Congress of the United States..." or "...subject to the collective will of one or more of the other States...")
Neither the Texas Constitution, nor the Constitution of the united States, explicitly or implicitly disallows the secession of Texas (or any other "free and independent State") from the United States. Joining the "Union" was ever and always voluntary, rendering voluntary withdrawal an equally lawful and viable option (regardless of what any self-appointed academic, media, or government "experts"—including Abraham Lincoln himself—may have ever said).
Both the original (1836) and the current (1876) Texas Constitutions also state that "All political power is inherent in the people ... they have at all times the inalienable right to alter their government in such manner as they might think proper."
Likewise, each of the united States is "united" with the others explicitly on the principle that "governments derive their just powers from the consent of the governed" and "whenever any form of government becomes destructive to these ends [i.e., protecting life, liberty, and property], it is the right of the people to alter or to abolish it, and to institute new government" and "when a long train of abuses and usurpation...evinces a design to reduce them under absolute despotism, it is their right, it is their duty, to throw off such government, and to provide new guards for their future security."Source(s): http://www.texassecede.com/faq.htm
- Chewy Ivan 2Lv 78 years ago
The Civil War. Texas already tried once and lost.
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- TeeknoLv 78 years ago
For the same reason that South Carolina couldn't.
- Sans DeityLv 78 years ago
It can. Good luck with that though. If China or some other country decides to invade you, don't come crying to us for help.
- Anonymous8 years ago
It's like the mafia. Once you join up, you can't just leave.