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Musicmystery -> RE: Is CalExit viable (11/12/2016 8:59:55 AM)
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Texas v. White[58] was argued before the United States Supreme Court during the December 1868 term. Chief Justice Salmon P. Chase read the Court's decision, on April 15, 1869.[60] Australian Professors Peter Radan and Aleksandar Pavkovic write:
Chase, [Chief Justice], ruled in favor of Texas on the ground that the Confederate state government in Texas had no legal existence on the basis that the secession of Texas from the United States was illegal. The critical finding underpinning the ruling that Texas could not secede from the United States was that, following its admission to the United States in 1845, Texas had become part of "an indestructible Union, composed of indestructible states." In practical terms, this meant that Texas has never seceded from the United States.[61]
However, the Court's decision recognized some possibility of the divisibility "through revolution, or through consent of the States".[61][62]
In 1877, the Williams v. Bruffy[63] decision was rendered, pertaining to civil war debts. The Court wrote regarding acts establishing an independent government that "The validity of its acts, both against the parent state and the citizens or subjects thereof, depends entirely upon its ultimate success; if it fail to establish itself permanently, all such acts perish with it; if it succeed and become recognized, its acts from the commencement of its existence are upheld as those of an independent nation."[61][64]
The Union as a sovereign state
Historian Kenneth Stampp notes that a historical case against secession had been made that argued that "the Union is older than the states" and that "the provision for a perpetual Union in the Articles of Confederation" was carried over into the Constitution by the "reminder that the preamble to the new Constitution gives us one of its purposes the formation of 'a more perfect Union'."[23] Concerning the White decision Stampp wrote:
In 1869, when the Supreme Court, in Texas v. White, finally rejected as untenable the case for a constitutional right of secession, it stressed this historical argument. The Union, the Court said, "never was a purely artificial and arbitrary relation." Rather, "It began among the Colonies. ...It was confirmed and strengthened by the necessities of war, and received definite form, and character, and sanction from the Articles of Confederation."[23]
Texas secession from Mexico
The Republic of Texas successfully seceded from Mexico in 1836 (this, however took the form of outright rebellion against Mexico, and claimed no warrant under the Mexican Constitution to do so). Mexico refused to recognize its revolted province as an independent country, but the major nations of the world did recognize it. In 1845, Congress admitted Texas as a state. The documents governing Texas' accession to the United States of America do not mention any right of secession—although they did raise the possibility of dividing Texas into multiple states inside the Union. Mexico warned that annexation meant war and the Mexican–American War followed in 1846.[65]
Partition of a state
Article IV, Section. 3, Clause 1 of the United States Constitutions provides:
New States may be admitted by the Congress into this Union; but no new States shall be formed or erected within the Jurisdiction of any other State; nor any State be formed by the Junction of two or more States, or parts of States, without the Consent of the Legislatures of the States concerned as well as of the Congress.
The separation referred to is not secession but partition. Some of the movements to partition states have incorrectly identified themselves as "secessionist" movements.
Of the new states admitted to the Union by Congress, three were set off from already existing states,[66] while one was established upon land claimed by an existing state after existing for several years as a de facto independent republic. They are:
Vermont was admitted as a new state in 1791[67] after the legislature of New York ceded its claim to the region in 1790. New York's claim that Vermont (also known as the New Hampshire Grants) was legally a part of New York was and remains a matter of disagreement. King George III, ruled in 1764 that the region belonged to the Province of New York.
Kentucky was a part of Virginia until it was admitted as a new state in 1792[68] with the consent of the legislature of Virginia in 1789.[69]
Maine was a part of Massachusetts until it was admitted as a new state in 1820[70] after the legislature of Massachusetts consented in 1819.[69]
West Virginia was a part of Virginia until it was admitted as a new state in 1863[71] after the General Assembly of the Restored Government of Virginia consented in 1862.[72] The question of whether the legislature of Virginia consented is controversial, as Virginia was one of the Confederate states. However, antisecessionist Virginians formed a government in exile, which was recognized by the United States and approved the state's partition. Later, by its ruling in Virginia v. West Virginia (1871), the Supreme Court implicitly affirmed that the breakaway Virginia counties did have the proper consents required to become a separate state.[73]
See also: Admission to the Union
Many proposals to partition U.S. states have been unsuccessful.
https://en.wikipedia.org/wiki/Secession_in_the_United_States
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