Is it legally possible for a state in the US to declare independence from the Union?
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Let's say Texas, for example. If all citizens in the state of Texas agree on becoming a new independent country, would it be possible for them to declare independence?
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Answer:
The Republic of Texas Funny you should mention Texas, because Texas is actually the only state which can declare it's independence for the Union. The reason for that is Texas was an Independent nation when it joined the union. It was The Republic of Texas having won it's idependence from Mexico at the Battle of San Jacinto when the Army of the Republic defeated General Santa Ana (sometimes spelled with 2 n's and sometimes spelled with 1 n) and captured him. By the men at the Alamo (a Holy site for native Texans) under Col. Travis holding out for 13 days it gave General Sam Houston time to form an army. By the way the song "The Yellow Rose of Texas" was written to honor Miss Emily for her part in the battle of San Jacinto. The orginal words to the song is "She is the prettiest woman of Color That I did ever see." Two versions about her: One the cleaned up version is she was a light skinned slave girl on a farm near there. The other version is she was General Houston's councubine whom had been his slave but he had freed, and she had remained with him after her freed her. Which ever version is true, the fact is she had a significant role in the battle. By her getting or letting Santa Ana seduce her she had him in bed with her when the battle started, and nor of his officers dared disturb him because he was with a lady. None of his officers dared give orders on their own the end result was the Mexican army was defeated. And Texas won it's independence from Mexico. In fact the reason the Texas army recognized him when he tried to escape dressed as a woman, after his army was routed, was because he was wearing her Miss Emily's clothes. The Texans knew what she was wearing so they would not accidently shot her thinking she was a Mexican Camp follower.
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Other answers
This question is what the Civil War was fought over. Essentially South Carolina said that their entry into the union was voluntary, and that if they would choose to leave, that would be voluntary too. Once they left, many of the other southern states did as well. Jefferson Davis, President of the Confederate States of America, had this to say on the subject: "The withdrawal of a State from a league has no revolutionary or insurrectionary characteristic. The government of the State remains unchanged as to all internal affairs. It is only its external or confederate relations that are altered. To term this action of a Sovereign a 'rebellion' is a gross abuse of language." Lincoln argued that if a state threatened to leave every time something didn't go it's way, then the nation as a whole would be weak and that was something he could not handle. Well, the Constitution has very clear rules on ratifying the document, and adding new states. It does NOT, however, say anything about leaving, one way ot the other. So from a purely legal and literal standpoint, there is no clear answer. In the end, of course, the north won the war over the south, and so Lincoln's view prevailed. Whether or not that's RIGHT is up to you I guess, but just remember that if Texas, to use your example, decided to leave, they wouldn't like leave without a fight.
wesleytj
A state cannot withdraw. However, Texas and Texas alone, can split into several states pursuant to its entry agreement with U.S.
politicaladvisor2
There are already some states that have started the process... http://therealnewsjunkies.ning.com/video/video/show?id=859527%3AVideo%3A3234 http://therealnewsjunkies.ning.com/video/video/show?id=859527%3AVideo%3A3232 an interesting website that has points out both fact and myth is http://www.secessionist.us/
Kacy H
some states did that once before, it did not work then either.
nebula
It's been tried, thus the civil war . . .
DanC
Well, according to the framers of the constitution, states were allowed to secede from the union if they chose to do so, however as you can see the result of the civil war, the politicians of that day did not allow it to happen (in my opinion mostly due to losing tax dollars). This decision by them greatly weakened states rights and gave most of the power to the federal government as much to the dismay of the framers of the constitution...
Kyle
Not any more, I think it was after the 60's that they all renounced the right of secession. However, many states have different agreements with the Union. Anyway, I don't know much about the subject, I hope some other user can give you a more informed opinion. Good luck!
Der weiße Hexenmeister
Nope.
ret_roch_cop
It is not allowed. Key West tried it a few years ago.
verybadkitten
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