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by SewTexas
Sun Dec 13, 2020 2:22 am
Forum: General Legislative Discussions
Topic: Its Time to Texit.
Replies: 85
Views: 32938

Re: Its Time to Texit.

srothstein wrote: Sun Dec 13, 2020 2:04 am
philip964 wrote: Sat Dec 12, 2020 8:40 pm
crazy2medic wrote: Sat Dec 12, 2020 8:24 pm http://chng.it/W5FZ6KmmJC, my 2cents worth
This above seems to believe there is a legal way of leaving. If I remember during the Obama days, it was bantered about and I thought there was no legal mechanism.

Seems like since we were our own country, it would have been a good thing to stick in the joining agreement, but all I remember was Texas could become more smaller states if it wanted.

Any ideas?
In the case of Texas v. White, et al, SCOTUS ruled that membership in the United States was in perpetuity and that there was no legal or Constitutional way to dissolve that union. The logic used was that the original union was based on the Articles of Confederation specifically stated it was a perpetual union and the Constitution says it was to form a more perfect union. If a union is perpetual and then made more perfect, how could that not still be perpetual.

While this decision referred to Texas seceding during the Civil War, it can also be taken to mean the congress cannot kick us out nor can it agree to us leaving. The possibilities then become that a new SCOTUS disregards this precedent, either recognizes Texas independence on the basis of our secession or recognizing Texas independence on the basis of a congressional agreement granting us independence. Otherwise, Texas becomes independent solely by violent means and convincing the US and the world that we won the ensuing war.
sigh....
the Founders never intended or expected this country to 1. get this large, and/or 2. last this long, much less "in perpetuity". That's nuts.

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