The Texas Tribune contributes this:
“...Texas in 1861 voted to secede from the Union. In the ensuing Civil War, up to 750,000 people — more than 2 percent of all Americans — died. Following the defeat of the Confederacy in 1865, Texas was formally readmitted to the Union in 1870, during the Reconstruction Era. Many historians believe that when the Confederacy surrendered at Appomattox in 1865, the idea of secession was forever defeated, McDaniel said. The Union’s victory set a precedent that states could not legally secede.
Even before Texas formally rejoined the nation, the U.S. Supreme Court declared that secession had never been legal, and that, even during the rebellion, Texas continued to be a state.”
Sounds like that Supreme Court decision would have to be overturned.
> Even before Texas formally rejoined the nation, the U.S. Supreme Court declared that secession had never been legal, and that, even during the rebellion, Texas continued to be a state.”
> Sounds like that Supreme Court decision would have to be overturned.
it would be interesting to learn more. specifically, when and how did the USA serve CSA state of texas with a notice of trial? was the notice, if there even was a notice, legal?
“Sounds like that Supreme Court decision would have to be overturned.”
Or more likely, given the finger. The things that would compel a state to leave, would naturally cause them to also not ask permission. DC would not invade, but they would try to use heavy economic warfare. And remember, a breakup would not happen with a healthy happy US economy. It would be most likely when DC and America was utterly wiped out, worse than a depression. That would be when someone wanted to leave, so DC would likely find it hard to find money or soldiers to stop the departure.
Texas was formally readmitted to the Union in 1870
Scotus, in Texas v. White, called ours an indestructable union of indestructable states. It denied that any of the states left the union, or could leave the union. Texas was not readmitted to the union in 1870 but declared reconstructed.
All the twaddle ignored the fact the Vermont seceded in 1777 and joined the constitutional union in 1791. It joined not under the procedure for a territory, but as a free, sovereign and independent state, with self-appointed borders. Vermont v. New Hampshire, 289 U.S. 593, 607-608 (1933)
When the first constitutional government was formed, Washington was elected President with the votes of ten of the eleven states then in that union. NY did not participate, and NC and RI had not ratified the Constitution and were not in that union. Eleven states seceded from the Articles of Confederation union without the unanimous consent to change a word of the Articles.
From Texas v. White, the dissenting opinion of Justice Grier:
Now, whether we assume the State of Texas to be judicially in the Union (though actually out of it) or not, it will not alter the case. The contest now is between the State of Texas and her own citizens. She seeks to annul a contract with the respondents, based on the allegation that there was no authority in Texas competent to enter into an agreement during the rebellion. Having relied upon one fiction, namely, that she is a State in the Union, she now relies upon a second one, which she wishes this court to adopt, that she was not a State at all during the five years that she was in rebellion. She now sets up the plea of insanity, and asks the court to treat all her acts made during the disease as void.