Austin American Statesman reporter Ken Herman asked Gov. Rick Perry on tape if a date had been set yet for Texas to secede from the Union, per his comments from yesterday.
“There's a lot of different scenarios. We've got a great union. There's absolutely no reason to dissolve it. But if Washington continues to thumb their nose at the American people, you know, who knows what might come out of that. But Texas is a very unique place, and we're a pretty independent lot to boot.”
Well, regardless of how Rick Perry feels, and the fact that we fought a war back in the 1800's that kind of settled the issue, and the fact that a 5-3 Supreme Court decision kind of settled the issue, well, you get the point.
AAS: Between the Texas Constitution, the U.S. Constitution and the Joint Resolution Annexing Texas to the United States of 1845, there is no explicit right for the state to return to its days as a Republic, said Sanford Levinson, a professor at the School of Law at University of Texas-Austin.
“We actually fought a war over this issue, and there is no possibility whatsoever that the United States or any court would recognize a “right” to secede,” Levinson wrote in an e-mail.
But if you are curious, here is the vote tally of the people of Texas in the public referendum for being Annexed into the United States in 1845. And below, is part of the Ordinance of Annexation passed July 4th, 1845 by the Texas Convention. Emphasis mine.
Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That Congress doth consent that the territory properly included within and rightfully belonging to the Republic of Texas, may be erected into a new State to be called the State of Texas, with a republican form of government adopted by the people of said Republic, by deputies in convention assembled, with the consent of the existing Government in order that the same may by admitted as one of the States of this Union.
2nd. And be it further resolved, That the foregoing consent of Congress is given upon the following conditions, to wit: First, said state to be formed, subject to the adjustment by this government of all questions of boundary that may arise with other government, –and the Constitution thereof, with the proper evidence of its adoption by the people of said Republic of Texas, shall be transmitted to the President of the United States, to be laid before Congress for its final action on, or before the first day of January, one thousand eight hundred and forty-six. Second, said state when admitted into the Union, after ceding to the United States all public edifices, fortifications, barracks, ports and harbors, navy and navy yards, docks, magazines and armaments, and all other means pertaining to the public defense, belonging to the said Republic of Texas, shall retain funds, debts, taxes and dues of every kind which may belong to, or be due and owing to the said Republic; and shall also retain all the vacant and unappropriated lands lying within its limits, to be applied to the payment of the debts and liabilities of said Republic of Texas, and the residue of said lands, after discharging said debts and liabilities, to be disposed of as said State may direct; but in no event are said debts and liabilities to become a charge upon the Government of the United States. Third — New States of convenient size not exceeding four in number, in addition to said State of Texas and having sufficient population, may, hereafter by the consent of said State, be formed out of the territory thereof, which shall be entitled to admission under the provisions of the Federal Constitution; and such states as may be formed out of the territory lying south of thirty-six degrees thirty minutes north latitude, commonly known as the Missouri Compromise Line, shall be admitted into the Union, with or without slavery, as the people of each State, asking admission shall desire; and in such State or States as shall be formed out of said territory, north of said Missouri compromise Line, slavery, or involuntary servitude (except for crime) shall be prohibited.”
Yes, Texas could be drawn and quartered to become 5 total states within the Union. But Texas as a state, nor any of those subdivided states may secede from the Union.