In Texas (and other states) there is all this talk of Seceding (do I capitalize that word?) by people angry with the election results. I think those petitioners should see the movie Lincoln that just came out, or read about history and law. Our differences usually are fought out in the legislature and in each election — and civil discourse and airing of disagreements usually make our country much stronger than secession ever could. Just ask Jefferson Davis and Robert E. Lee and over 600,000 if secession is any kind of good idea.
Beyond the “sour grapes” aspect of impotent Tea Party rage, let’s suspend reality for a moment and imagine what a “Free” Texas would look like.
First, of all 50 states Texas is about the only state that could survive secession economically. Texas has its own grid, gas reserves, and the gulf ports. BUT — in the event of secession the Federal government would have legal rights to ask TX to repay it for a few Interstate roads, dams, and other federally-funded (or co-funded) projects. Then there are import/export agreements, taxes, etc. So a TX “free of Uncle Sam” would still be very, very expensive for TX’s naturalized citizens the first few decades. Such citizens would be offered dual-citizenship by the US, too — leaving TX in a position to work to keep its skilled and educated workers from being lured away. And this is all, of course, if the US Government even agreed to let Texas go in the first place. Rest assured if the US Congress disagreed with secession, it could likely economically isolate TX & force back into the fold with no military effort.
Antebellum (or modern idiotic) thinking says states can leave anytime, but the Constitution doesn’t create a clean easy path to break away legally. Further, in SCOTUS decision “Texas v. White” (1869) it was ruled that unilateral secession was not permitted saying that the union between a state “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.”
People also think the Ordinance of Annexation of 1846 allows for TX to leave anytime. It doesn’t: annexation was legally viewed by US Congress as a treaty, at the time, and so TX withdrawing as a state could leave it technically at hostilities with the US (a militarily-superior foe, I don’t care how big Texas is).
So, let’s come back to reality: nobody threatened secession in 2000 when our Supreme Court decided it was time to stop re-counting votes, and thus awarded George W. Bush the 43rd Presidency. It’s time for TX conservatives to suck it up, reorganize into a more sane political block, and live to fight another day. But that will involve being true patriots of these United States and stopping all the BS talk about ending our Republic.
Originally published at julianwest.me on November 21, 2012.