Thursday, January 10, 2013

Texas v White Did Not Settle the Issue of Secession

American Thinker has an article today that analyzes the legal case of Texas v (versus) White (1869).  The case has often been cited as proof that the Supreme Court declared secession to be unconstitutional, and that should settle the matter for all time.

Not so fast.  Texas v White wasn't even about secession.  Cory Genelin, writing for American Thinker, concludes:
In summary, Texas v. White, even if given the utmost respect, and considered binding precedent, does not stand for the proposition that no state may ever break its bonds with the Federal Government of the United States. At the same time, if it is considered the final word on the Federal Government's right to prohibit a state from seceding, then that right is far from established.
The article is a bit long and legalistic, but is a worthy source for any Southern scholars who stockpile intellectual ammo for fighting the Northern Myth.

Read it all here.

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