The bill doesn’t appear to have much of a chance. And even if it did, experts say, Texas can’t just secede.
“The legality of seceding is problematic,” Eric McDaniel, associate professor of government at the University of Texas at Austin, told The Texas Tribune in 2016. “The Civil War played a very big role in establishing the power of the federal government and cementing that the federal government has the final say in these issues.”
Many historians believe that when the Confederacy surrendered at Appomattox in 1865, the idea of secession was also defeated, McDaniel said. The Union’s victory set a precedent that states could not legally secede.
In the years after Texas joined the United States, tensions over slavery and states’ rights mounted. A state convention in 1861 voted 166-8 in favor of secession — a measure that was then ratified by a popular vote, making Texas the seventh state to secede from the Union.
After the Civil War, Texas was readmitted to the Union in 1870.
Yet even before Texas formally rejoined the nation, the U.S. Supreme Court declared that secession was not legal, and thus, even during the rebellion, Texas continued to be a state. In the 1869 case Texas v. White, the court held that individual states could not unilaterally secede from the Union and that the acts of the insurgent Texas Legislature — even if ratified by a majority of Texans — were “absolutely null.”
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.’)”
The bill doesn’t appear to have much of a chance. And even if it did, experts say, Texas can’t just secede.
“The legality of seceding is problematic,” Eric McDaniel, associate professor of government at the University of Texas at Austin, told The Texas Tribune in 2016. “The Civil War played a very big role in establishing the power of the federal government and cementing that the federal government has the final say in these issues.”
Many historians believe that when the Confederacy surrendered at Appomattox in 1865, the idea of secession was also defeated, McDaniel said. The Union’s victory set a precedent that states could not legally secede.
In the years after Texas joined the United States, tensions over slavery and states’ rights mounted. A state convention in 1861 voted 166-8 in favor of secession — a measure that was then ratified by a popular vote, making Texas the seventh state to secede from the Union.
After the Civil War, Texas was readmitted to the Union in 1870.
Yet even before Texas formally rejoined the nation, the U.S. Supreme Court declared that secession was not legal, and thus, even during the rebellion, Texas continued to be a state. In the 1869 case Texas v. White, the court held that individual states could not unilaterally secede from the Union and that the acts of the insurgent Texas Legislature — even if ratified by a majority of Texans — were “absolutely null.”
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.’)”
https://www.texastribune.org/2021/01/29/texas-secession/
Lol federal gov has no say at all when it comes to war