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Piece of Mind: Secession Is Illegal!

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Secession cannot go forward in Texas.

Is it OK to presume that every state legislative body has a wacky caucus in its ranks? If so, then Texas isn't alone in the legislative wackiness that presents itself from time to time.

Consider this from a Republican state representative, Kyle Biedermann of Fredericksburg, who has pitched a resolution calling for a statewide election to determine whether Texas can secede from the Union.

Yes, the secessionists have returned! Oh, my. When does the madness stop? Don't answer that. I know that it will never stop. It will never end.

The Texas Tribune reports what many of us know already, that the state cannot secede legally. The Civil War took care of that, right?

Texas seceded once already, joining the Confederacy in trying to break apart the United States of America. The state went to war against the government, against fellow Americans. The issue? Slavery. The Civil War ended correctly, with the Union prevailing.

The Tribune wrote this about Biedermann's idea:

“It is now time that the People of Texas are allowed the right to decide their own future,” he said in a statement announcing the legislation.

The bill d oesn’t appear to have much of a chance. And even if it did, experts say, Texas can’t just secede.

“The legality of seceding is problematic,” Eric McDaniel, associate professor of government at the University of Texas at Austin, told The Texas Tribune in 2016. “The Civil War played a very big role in establishing the power of the federal government and cementing that the federal government has the final say in these issues.”

Texas can’t secede from the U.S. Here’s why. | The Texas Tribune

Texas declared independence from Mexico in 1836. We joined the Union in 1845, adopting a resolution that contained language that said the state could partition itself into four parts if it wanted. Indeed, a former Texas Panhandle legislator, David Swinford of Dumas, once pitched the notion as recently as 1991. I asked Rep. Swinford whether he meant it as a serious proposal ... and he did not say he was joking. 

Secession, though, is a non-starter. The Tribune cites a bit of wisdom offered by the late U.S. Supreme Court Justice Antonin Scalia: “The answer is clear,” Scalia wrote. “If there was any constitutional issue resolved by the Civil War, it is that there is no right to secede. (Hence, in the Pledge of Allegiance, ‘one Nation, indivisible.’)”

John Kanelis, former editorial page editor for the Amarillo Globe-News and the Beaumont Enterprise, is also a former blogger for Panhandle PBS in Amarillo. He is now retired, but still writing. Kanelis can be contacted via Twitter @jkanelis, on Facebook, or his blog, www.highplainsblogger.com.Kanelis' blog for KETR, "Piece of Mind," presents his views, and does not necessarily reflect the opinion of KETR, its staff, or its members.

Kanelis lives in Princeton with his wife, Kathy.

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