Texas Secession? Perry, One Third of Texans Are Wrong: Texas Can't Secede

April 17, 2009 RSS Feed Print

By Robert Schlesinger, Thomas Jefferson Street blog

As if their current governor and his predecessor have not done enough damage to Texans' reputation for Constitutional acuity, nearly 1 in 3 Texas voters think that their state has the legal right to secede from the Union, according to a new Rasmussen Poll.

Umm, no.

On the bright side (such as it is), only 1 in 5 Texas voters would actually like to break off from the Union. Fully three quarters of Texas voters are content to remain part of these United States. Gee, thanks.

This discussion was sparked by Texas Gov. Rick Perry's assertion that Texas has the unique right to secede from the U.S. of A. (Side question: Why the quiescence of the hyper-patriotic right? Why are they not demanding that Perry love this country or leave it—and reminding him he can't take his state with him?)

It is of course an old urban legend that since Texas entered the Union as a sovereign Republic, it has reserved the right to reclaim its old status. Horse-hockey.

Two points to consider. First, there's this brief history of the Lone Star State's 1845 entry into the Union, emphasis added:

When all attempts to arrive at a formal annexation treaty failed, the United States Congress passed—after much debate and only a simple majority—a Joint Resolution for Annexing Texas to the United States. Under these terms, Texas would keep both its public lands and its public debt, it would have the power to divide into four additional states "of convenient size" in the future if it so desired, and it would deliver all military, postal, and customs facilities and authority to the United States government. (Neither this joint resolution or the ordinance passed by the Republic of Texas ' Annexation Convention gave Texas the right to secede.)

That paragraph comes from what I can only assume to be an authoritative source on the matter: the Texas State Library and Archives Commission. (Tip of my cowboy hat to an old college pal—from Texas—who posted the link on Facebook.)

Second point: We fought a war over this. Lots of Americans died. The secessionists lost—including the ones in Texas. Secession is no more legal now than it was then.

And while talking about secession undoubtedly plays well among the 3 in 10 Texas voters ill-informed enough to think it's a serious political statement, it also makes the rest of the country (and likely the rest of the state) roll our eyes in bewilderment at the Lone Star Clown.

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The write of this column is ignorant. texas, or any state for that matter, can secede. The states are soverign "nation-states" who have power over the federal government. It doesn't matter what the federal government says.

If this writer wasn't so ignorant he would only have to read the words of someone who knew the COTUS better than most of us-Thomas Jefferson; Jefferson assumed that states would seceded at some point. It is the nature of a free person.

The United States is too big today to support a (r)epublican form of government. Madison warned about having more than 30,000 citizens per representative; today, we would need a congress of 10,500 members in order to give true representation to the people.

We need to divide into 8 or so regional confederacies but still maintain one nation. Each of those 8 regions would make all its own laws, while the federal government coined money and engaged in foreign policies; all else would fall on the regional governments.

shannon1776 of GA 5:36PM May 22, 2012

The constitution does not expressly address the topic of seccession. All states joined the union voluntarily. There is no provision in the constitution to prohibit, or make it illegal, for any state to leave the union. And the tenth amendment states that any powers not specifically granted to the federal government, or specifically denied the states, is reserved to the independent states. States legally do have the right to secede, for there is no legal precedent to prevent it. Although I may agree that it was good to preserve the union during the civil war, for we are a stronger nation as a whole, it was not a legal act by the federal government. Lincoln and the congress took on powers which they did not possess.

Davi of WI 11:01PM April 28, 2012

Whether or not you believe that Texas has the right to secede doesn't change the fact that many people are already lining up to leave the US. I'm from Texas and have both Texas pride and American pride. When asked where I'm from I answer Texas. When asked my race I say American. But even though I have all that pride, I found that I couldn't find a job in the US and felt that the best thing for me to do is leave the country all together, so now I live in Japan.

Many Indians are going back to India according to articles in the NYtimes.

Any state and any person can secede from the United States. Whether or not it's legal is of no concern. Many countries secede from their government or break off from their country. Some are seen as being just whereas others aren't. Doesn't change the fact that they did and are considered to be their independent country. Whether it's a good idea or not I don't know, but in today's age if Texas did decide to secede they'd have the full backing of almost every country in the United Nations.

Ken of TX 8:46PM April 19, 2012

Robert Schlesinger

Robert Schlesinger

Robert Schlesinger is managing editor for opinion at U.S. News and World Report, overseeing all opinion editorial content. He is the author of White House Ghosts: Presidents and Their Speechwriters. E-mail him at rschlesinger@usnews.com. Follow him on Twitter: @rschles.

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