The question is not whether we can legally secede…. The question should be.. will we?
With the “Come and Take It” logo imprinted on his own boots, Texas Gov. Rick Perry was quoted as saying: “Texans have a different feeling about
independence. When we came into the nation in 1845, we were a republic, we were a stand-alone nation, and one of the deals was, we can leave anytime
we want. So we’re kind of thinking about that again.” Granted, he would rather us remain in the union but is not oppose to other options as things
are rapidly getting worse.
I’ve entered this argument a million times with folks that don’t believe we actually have the right to peacefully secede and sometimes its like
trying to explain colors to a blind man when talking to overly devoted liberals or disbelievers.
So here it is. First how about we go to the "Texas Bill of Rights", then the Declaration of Independence ,
ARTICLE 1. BILL OF RIGHTS.
That the general, great and essential principles of liberty and free government may be recognized and established, we declare:
Sec. 1. FREEDOM AND SOVEREIGNTY OF STATE. Texas is a free and independent
State, subject only to the Constitution of the United States, and the maintenance of our free institutions and the perpetuity of the Union depend upon
the preservation of the right of local self-government, unimpaired to all the States.
Sec. 2. INHERENT POLITICAL POWER; REPUBLICAN FORM OF GOVERNMENT. All political power is inherent in the people, and all free governments are founded
on their authority, and instituted for their benefit. The faith of the people of Texas stands pledged to the preservation of a republican form of
government, and, subject to this limitation only, they have at all times the inalienable right to alter, reform or abolish their government in such
manner as they may think expedient.
Declaration of Independence :
When in the Course of human events it becomes necessary for one people to dissolve the political bands which have connected them with another and to
assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature's God entitle them, a decent respect to
the opinions of mankind requires that they should declare the causes which impel them to the separation.
Then there is this…..
"A relatively obscure provision of the 1845 Joint Resolution for Annexing Texas to the United States provides that 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. This Essay (linked below) argues,
building on our earlier work concerning the constitutionality of the creation of West Virginia, that Article IV, Section 3 of the Constitution permits
new states to be carved out of existing ones, with the consent of Congress and the states involved. The New States language of the 1845 Joint
Resolution, the Texas Tots provision, constitutes the still-operative, legally-valid grant of Congress's consent to Texas's subdivision into five
states. All that remains is for Texas to take up Congress's standing offer."
papers.ssrn.com...
Addition of Content*** Don’t get me wrong, I am not saying I fully support it, this thread is not about that. Rather just proving the point it can
leagly be done***
edit on 21-11-2012 by JBpage76 because: Addition of content