Politics of Texas - Secessionist Sentiment

Secessionist Sentiment

Many Texans believe that because it joined the United States as a country, Texas retains the right to secede. However, neither the ordinance of The Texas Annexation of 1845 nor The Annexation of Texas Joint Resolution of Congress March 1, 1845 included provisions giving Texas the right to secede. Texas did originally retain the right to divide into as many as five independent States, and as part of the Compromise of 1850 continues to retain that right while ceding former claims westward and northward along the full length of the Rio Grande in exchange for $10 million from the federal government.

The United States Supreme Court's primary ruling on the legality of secession involved a case brought by Texas involving a Civil War era bonds transfer. In deciding the 1869 Texas v. White case, the Supreme Court first addressed the issue of whether Texas had in fact seceded when it joined the Confederacy. In a 5-3 vote the Court "held that as a matter of constitutional law, no state could leave the Union, explicitly repudiating the position of the Confederate States that the United States was a voluntary compact between sovereign states." In writing the majority opinion Chief Justice Salmon Chase opined that:

When, therefore, Texas became one of the United States, she entered into an indissoluble relation. All the obligations of perpetual union, and all the guaranties of republican government in the Union, attached at once to the State. The act which consummated her admission into the Union was something more than a compact; it was the incorporation of a new member into the political body. And it was final. The union between Texas and the other States was as complete, as perpetual, and as indissoluble as the union between the original States. There was no place for reconsideration or revocation, except through revolution or through consent of the States.

However, as the issue of secession per se was not the one before the court, it has been debated as to whether this reasoning is merely dicta or a binding ruling on the question.

While the state's organized secessionist movement is relatively small, a notable minority of Texans hold secessionist sentiments. A 2009 poll found that 31% of Texans believe that Texas has the legal right to secede and form an independent country and 18% believe it should do so.

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