Skip O'Neill – Liberty for All

Ron Paul for A New Direction

Questions About Texas Independence?

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Can Texas actually secede?

The definition of “secede” is as follows: “To withdraw formally from membership in a federal union, an alliance, or a political or religious organization.” Secession is a very general term to describe a wide range of processes to achieve autonomy and self-government within a political or social context. The question then, really, is there any path for Texas to achieve autonomy and self-government? The paths are endless.

Is secession legal?

It is not illegal to withdraw from membership in the Union as no law exists which makes it illegal nor could one exist and be congruent with the fundamental construction of the Union. Were secession of a state from the United States declared illegal it would so fundamentally alter the nature of the relationship of the states that the very act of doing so would serve to end the Union.

Does Texas have a secession clause in its annexation agreement?

No. There is no explicit clause in the Joint Resolution of Annexation stating that Texas has a special right of secession. It is an understood right given to all states when they joined the Union.

Weren’t there irregularities in the annexation of Texas?

Yes. Texas was a recognized foreign nation at the time of annexation. The proper constitutional procedure for dealing with foreign nations is by treaty. The treaty of annexation, ratified by the Senate of the Republic of Texas, was not ratified by the United States Senate. The United States Congress passed a Joint Resolution of Annexation which was offered to the Republic of Texas. It was accepted by the convention and put to a vote of the people of Texas. While assent to the

agreement is consistent with the laws and Constitution of the Republic of Texas, there are those who assert that the annexation of Texas was an unconstitutional act by the Federal Government. In addition, the Supreme Court’s dicta in Texas v. White regarding “indestructible states” and the lack of a severability clause in the agreement lead others to say that any enforcement of Texas v. White invalidates the annexation agreement altogether.

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Written by opinionoregon

January 25, 2013 at 8:54 pm

One Response

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