Republic of Texas

[Salty]

Does a State or Commonwealth have the right to leave the union.

Some will say that the Lost Cause (aka) War Between the States settled the fact that the answer is NO.
In addition, the SCOTUS confirmed that.

BUT:
1) SCOTUS rulings, thou rare, can be overturned by a later court.
2) The COTUS only gives instructions on how a State/Commonwealth can enter the Union
3) Since there are no COTUS provisions to leave the Union - then the 10th Amendment should apply.

So where do you stand?
Should a S/C have the right to leave the Union?

Texplainer: If Brexit Can Happen, Can Texit?

These states are experiencing secession movements

 

[canadyjd]

No. Texas is part of the United States and must always remain so.

California on the other hand........

peace to you

 

[Salty]

No. Texas is part of the United States and must always remain so. ...

Why?

 

[Scott Downey]

Legally no state can leave, but there could be negotiations and laws changed.
The 'great reset' people want the US to no longer be a super power nation.
Divide up the USA into many nations would make that easier. Easily could become 3 or 4.

 

[Jerome]

Does a State or Commonwealth have the right to leave the union....Since there are no COTUS provisions to leave the Union - then the 10th Amendment should apply.

Oh brother.

If someone thinks they know better than the Founding Fathers, thinks there should be a way for a state to secede from the Union, there is a way provided by the Founders to do that: Amend the Constitution. Simple as that.
This is Civics 101 stuff: Article V "Amending the Constitution"

 

[canadyjd]

Why?

Just making a little joke

peace to you

 

[Conan]

I thought that Texas secured the Right to leave before they became a State.?

 

[JonC]

As it stands, no state can withdraw from the Union.

 

[JonC]

I thought that Texas secured the Right to leave before they became a State.?

See Texas vs White.

* Disclaimer: no hidden racist joke in Texas vs White

 

[just-want-peace]

See Texas vs White.

* Disclaimer: no hidden racist joke in Texas vs White

It's obvious that the inmates are now running the asylum, hence the need for your disclaimer!

 

[Conan]

Can Texas Legally Secede From The Union?

 

[Salty]

Interesting article - above!

From the Link: Treason is a criminal act committed by an individual, not a political body and, therefore, cannot be committed by a State. To continue to level the charge of treason, one must believe that the entirety of the population of Texas who would vote in support of Texit would be individually guilty of treason. This, however, completely ignores the constitutional definition of treason.

 

[RighteousnessTemperance&]

Interesting article - above!

From the Link: Treason is a criminal act committed by an individual, not a political body and, therefore, cannot be committed by a State. To continue to level the charge of treason, one must believe that the entirety of the population of Texas who would vote in support of Texit would be individually guilty of treason. This, however, completely ignores the constitutional definition of treason.

Doubt that analysis would stand muster. The number committing treason is not stated as limited, that is, there is no stipulation that an act of treason cannot involve more than one person, nor is it reasonable to assume such. However there are other categories that may apply.

18 U.S. Code CHAPTER 115— TREASON, SEDITION, AND SUBVERSIVE ACTIVITIES

In addition, not participating in yet failing to notify of such an act can land you in hot water. They call it "misprision of treason."

18 U.S. Code § 2382 - Misprision of treason