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Texas can’t legally secede from the U.S., despite popular myth

Posted on 1/30/21 at 1:00 pm
Posted by arp0925
Member since Nov 2016
1323 posts
Posted on 1/30/21 at 1:00 pm
LINK

quote:

Texas declared independence from Mexico in 1836 and spent the next nine years as its own nation. While the young country’s leaders first expressed interest in becoming a state in 1836, the Republic of Texas did not join the United States until 1845, when Congress approved the Joint Resolution for Annexing Texas to the United States.

This resolution, which stipulated that Texas could, in the future, choose to divide itself into “New States of convenient size not exceeding four in number, in addition to said State of Texas” is often a cause of confusion about the state’s ability to secede. But the language of the resolution is clear: Texas can split itself into five new states. It says nothing of splitting apart from the United States.


quote:

“The answer is clear,” Scalia wrote. “If there was any constitutional issue resolved by the Civil War, it is that there is no right to secede. (Hence, in the Pledge of Allegiance, ‘one Nation, indivisible.’)”
Posted by Nguyener
Kame House
Member since Mar 2013
21057 posts
Posted on 1/30/21 at 1:01 pm to
Now do executive orders, the budget, and the job of congress.

quote:

If there was any constitutional issue resolved by the Civil War, it is that there is no right to secede.


The War of Northern Aggression
This post was edited on 1/30/21 at 1:03 pm
Posted by StarSaint
lafayette
Member since Nov 2006
7490 posts
Posted on 1/30/21 at 1:01 pm to
Sure, snowflake.
Posted by Bulldogblitz
In my house
Member since Dec 2018
28155 posts
Posted on 1/30/21 at 1:02 pm to
quote:

“The answer is clear,” Scalia wrote. “If there was any constitutional issue resolved by the Civil War, it is that there is no right to secede. (Hence, in the Pledge of Allegiance, ‘one Nation, indivisible.’)”


Democrats don't subscribe to the pledge.
Posted by TrueTiger
Chicken's most valuable
Member since Sep 2004
79756 posts
Posted on 1/30/21 at 1:02 pm to

If you win you get to write your own laws and make it legal.

Take the American colonies in 1776 for example.
Posted by EKG
Houston, TX
Member since Jun 2010
45154 posts
Posted on 1/30/21 at 1:02 pm to
The only group more TEXICANT than the Texas Tribune is ... er ... no one.
Posted by KCRoyalBlue
Member since Nov 2020
1858 posts
Posted on 1/30/21 at 1:02 pm to
Who cares about doing it legally? That's the whole point.
Posted by LSUTIGER in TEXAS
Member since Jan 2008
13683 posts
Posted on 1/30/21 at 1:03 pm to
So now the constitution is ironclad. Maybe I now view it as a living document open to my own interpretation
Posted by Kafka
I am the moral conscience of TD
Member since Jul 2007
153855 posts
Posted on 1/30/21 at 1:03 pm to
quote:

Texas can split itself into five new states.
if they do it carefully they can get eight new GOP senators
Posted by gthog61
Irving, TX
Member since Nov 2009
71001 posts
Posted on 1/30/21 at 1:03 pm to
quote:

If there were any doubt remaining after that, late Supreme Court Justice Antonin Scalia set it to rest more than a century later with his response to a letter from a screenwriter in 2006 asking if there is a legal basis for secession.

“The answer is clear,” Scalia wrote. “If there was any constitutional issue resolved by the Civil War, it is that there is no right to secede. (Hence, in the Pledge of Allegiance, ‘one Nation, indivisible.’)”


Silly me, I did not realize SCOTUS justices could individually set law in random replies to letters they get.

It could happen if enough people wanted it bad enough. It was "illegal" to break away from the Roman Empire too.

There is a social contract that makes this shite work.
Posted by Thundercles
Mars
Member since Sep 2010
6106 posts
Posted on 1/30/21 at 1:04 pm to
This will be interesting over the next few years as this gets more and more traction.

Texas's constitution has the right to secede in it. It's not explicitly laid out in those words, but that's read to be the meaning. The United States of course is convinced it can't secede.

At some point in my lifetime Texas citizens may very well decided to exercise their state right, and then it will be fascinating to see how this plays out.

One thing is for certain: nothing will propel Texas citizens to push to secede faster than the federal government constantly reminding them they aren't allowed to.
Posted by gthog61
Irving, TX
Member since Nov 2009
71001 posts
Posted on 1/30/21 at 1:06 pm to
quote:

This will be interesting over the next few years as this gets more and more traction.

Texas's constitution has the right to secede in it. It's not explicitly laid out in those words, but that's read to be the meaning. The United States of course is convinced it can't secede.

At some point in my lifetime Texas citizens may very well decided to exercise their state right, and then it will be fascinating to see how this plays out.

One thing is for certain: nothing will propel Texas citizens to push to secede faster than the federal government constantly reminding them they aren't allowed to.



This won't happen

not because of transplants but because of immigrant brood mares in our borders.

I am sure there are stats on the makeup of those turning 18 in the next 4 years that are depressing as shite.
This post was edited on 1/30/21 at 1:07 pm
Posted by LoneStarRanger
Texas/Europe
Member since Aug 2018
2404 posts
Posted on 1/30/21 at 1:06 pm to
Anyone can secede. You just have to win the war that it’ll set off
Posted by EKG
Houston, TX
Member since Jun 2010
45154 posts
Posted on 1/30/21 at 1:07 pm to
FWIW I’d simply point the Texas Tribune—who by no means is introducing an argument that hasn’t been trotted out 100 times this week alone—in the direction of the many rebuttals made by the multiple modern publications and public presentations that detail why what happened under Lincoln, time of Texas vs. White, and even Scalia is very much inapplicable in 2021.

There was a time in U.S. history when citizens accepted the status quo, not knowing what we know now. But in our enlightenment, we have discovered that tyranny is not our cup of tea. Many Texans are ready to assert our freedom and liberty. We refuse to be yoked to decisions made by people before our time. No matter how wise they may have been, their decision to deny us the right to determine our own future is only binding if we bow and scrape like the subjugated people we have become.

We recognize the obstacles set before us, including those who will insist on enforcing the 1868 U.S. Supreme Court decision. So be it. We may find ourselves petitioning the 49 states that compose the “perpetual” union, but we will not petition as slaves; we will petition as free men and women, determined to reclaim the rights that our ancestors fought, bled and died to preserve for us.
Posted by Bass Tiger
Member since Oct 2014
53597 posts
Posted on 1/30/21 at 1:09 pm to
To the Dim Marxists our constitution is practically toilet paper. In the Dim Marxist’s mind if the constitution can’t be used to further the country’s march towards totalitarian Marxism then the constitution is to be ignored.
Posted by davyjones
NELA
Member since Feb 2019
34998 posts
Posted on 1/30/21 at 1:10 pm to
I suggest the leaders who would make those decisions suddenly switch party affiliation to Democrat and then no one could touch them.
Posted by mightyMick
Member since Aug 2018
3067 posts
Posted on 1/30/21 at 1:13 pm to
You don't ask for permission to declare independence.
Posted by Y.A. Tittle
Member since Sep 2003
109451 posts
Posted on 1/30/21 at 1:13 pm to
You prepared to invade to keep them from doing it?
Posted by ZZTIGERS
Member since Dec 2007
17370 posts
Posted on 1/30/21 at 1:17 pm to
If we’re gonna down the whole “legally” road, that’s been all thrown out a long time ago. Our freedom of assembly...restricted, freedom of speech has never been more at jeopardy, and of course our right to bear arms. So, please, spare me this bullshite.
Posted by TrueTiger
Chicken's most valuable
Member since Sep 2004
79756 posts
Posted on 1/30/21 at 1:20 pm to
quote:

If we’re gonna down the whole “legally” road, that’s been all thrown out a long time ago.


exactly,

How much of the bullshite going on right now is "legal"?


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