On LewRockwell.com, Brian Stanley wrote an interesting article on Texas v White and the court system’s view of the Constitutionality of secession.
Here’s an excerpt:
In the 1868 case of Texas v. White, 74 U.S. (7 Wall.) 700, a case dealing with the title to some U.S. bonds, the Supreme Court ruled that Texas’, and hence the South’s, attempted secession in 1861 was unconstitutional. But the opinion also contained some wording that might give secessionists a way around White.
So what is the potentially helpful language the Court used? After noting that it was “needless to discuss at length whether the right of a State to withdraw from the Union for any cause, regarded by herself as sufficient, is consistent with the Constitution of the United States[,]” the Court then determined that the Union was intended to be perpetual and then stated that after Texas entered into “an indissoluble relation” with the Union: “There was no place for reconsideration, or revocation, except through revolution or through the consent of the States.” (Emphasis added.)
Latest posts by Michael Boldin (see all)
- No, Republicans Can’t Be Trusted on the Constitution, Either - December 19, 2014
- Missouri vs NSA: New Bill Would Ban “Material Support or Resources” - December 18, 2014
- Nullification in Practice: New South Carolina Bill Would “Gut Obamacare” in the State - December 11, 2014