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May 2008, Week 4

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Subject:
From:
"James B. Byrne" <[log in to unmask]>
Reply To:
James B. Byrne
Date:
Mon, 26 May 2008 13:08:21 -0400
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> A while ago we had a group of people that insisted that Texas had the right
> to withdraw from the union and was the only state that retained that right
> as it joined the union.

The exception that the nation of Texas negotiated was the right to form four
separate states from its territory within the Union at a future date after
joining; in contravention of article 4, section 3, paragraph 1 of the U.S.
Constitution (1788).  This exceptional relief has never, to my knowledge, been
acted upon by any group within the State of Texas. Some obscure group may
have, but I am unaware of it.

The belief that Texas had a right to secede was put to rest quite conclusively
de jure in "Texas v. White, 74 U.S. 700 (1869)", ignoring for the nonce the
previous de facto resolution some four years previous.  There has never been a
provision in the U.S. Constitution for a member State to unilaterally declare
independence from the Union.  The last attempt was met with, shall we say
considerable resistance from the relic; and ended in abject failure.

It may be of some interest to note that the United Nations Charter, which
borrowed heavily from the U.S. Constitution in other matters, also adopted
this one. The only way that a member state can leave the United Nations is to
be voted out of the organization by the General Assembly.

Similarly, the only way for a state to leave the Union is by an Act of
Congress. Presumably this would be by means of an amendment to the U.S.
Constitution, the proposal for which requires a two-thirds passage in each
house of Congress followed ratification by three-quarters of the member states
assemblies for adoption.  I doubt very much that, given the conservative
nature of most citizens when it comes to the lands that they consider 'their'
own, such ratification would be forthcoming.  Even in the unlikely event
something of this nature made through both the House of Representative and the
Senate with the necessary two-thirds majorities, I still cannot see 38 state
legislatures going along with it.

> assertion is true or not, but seeing as Texas still isn't on the national
> electrical grid and we have enough oil for our own needs under our own soil
> and Gulf of Mexico waters, I say "Fellow Texans, Unite! Independence! Bring
> back the Republic of Texas!"   Yeeeeeeeee Haaaaaaaaaaaaaawwwwwww!
>

The former Republic of Texas, as do all States, surrendered all rights to its
coastal waters, and to the mineral rights thereunder, to the Federal
government of the United States upon ascension to statehood.  Any present
controls and revenues exercised over or retained from these assets by the
State of Texas are granted at the sole discretion of the U.S. Congress.  Texas
enjoys the priviledge of some benefits from its coastal waters but does not
possess the rights thereto.

Illusion, willful or not, is at the root of most conflict.

-- 
***          E-Mail is NOT a SECURE channel          ***
James B. Byrne                mailto:[log in to unmask]
Harte & Lyne Limited          http://www.harte-lyne.ca
9 Brockley Drive              vox: +1 905 561 1241
Hamilton, Ontario             fax: +1 905 561 0757
Canada  L8E 3C3

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