Texas Can Legally Secede
Last updated
Last updated
"That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness."
Drafted by Thomas Jefferson and adopted by the Continental Congress on July 4, 1776, the Declaration of Independence declared the thirteen American colonies independent from British rule. The passage reflects Enlightenment ideas about the social contract and the rights of people to overthrow a government that no longer protects their inalienable rights, such as life, liberty, and the pursuit of happiness.
The Declaration of Independence provides a moral and philosophical justification for revolution but does not establish legal precedent under U.S. law. It was a justification for the American colonies to break away from British rule.
When Texas was annexed by the United States via the Annexation Agreement of 1845, it retained the right to divide itself into as many as five separate states but not the right to secede from the Union.
Before Texas formally the nation, the U.S. Supreme Court declared that secession had never been legal, and that, 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.”
However; if the President of the United States or Government agencies are openly committing treason against We the People and the Republic via coup or other measure; it provides a completely moral and legal basis for the secession of any state from the Union.
Texas legally is the only state that can divide itself into new states. The language in the 1845 Joint Resolution gives Texas a unique right to divide into up to five states. If Texas decided to divide, the newly created state would still need to be admitted to the Union, which is where Congress would have a say. Article IV, Section 3 of the U.S. Constitution gives Congress the power to admit new states. Thus, while Texas might divide itself, the creation of new states from Texas would still require congressional action to be admitted fully into the Union.
Therefore, Texas can secede legally by dividing itself. It can legally leave the state of Texas 1000 acres in the panhandle and place the rest of Texas in a new legal jurisdiction, thus, allowing for the legal secession of Texas and the reestablishment of sovereignty from the corrupt regime currently controlling the American government.
