TEXIT 2.0 | Should Texas become an independent nation? Again?

Some thoughts to ponder

What is the present Supreme Law of the Land?

Article VI, Clause 2 (U.S) Constitution

This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

How are treaties ratified?

Article II, Section 2, Clause 2 (U.S) Constitution

He [the President] shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two-thirds of the Senators present concur …

How did Texas become a state of the United States of America?

Yale Law School, The Avalon Project |  The Treaty of Annexation – Texas; April 12, 1844

Note: There is nothing specific to the cancellation of a treaty but historical practice comes into play. The Supreme Court has made clear that when the constitutional text is silent or ambiguous, it is appropriate to consider longstanding governmental practice in discerning the Constitution’s distribution of authority between Congress and the President. When Texas joined the CSA, the Treaty of Annexation of 12 April 1844 became null and void.

Abraham Lincoln was elected to the US presidency | 6 November 1860

Texas State Library and Archives Commission | An Ordinance: To dissolve the union between the State of Texas and the other States, united under the compact styled “The Constitution of the United States of America.” Adopted in Convention, at Austin City, the first day of February, A.D. 1861.

TEXIT version 1.0

Texas secedes from the union to join the CSA | 2 March 1861

President Abraham Lincoln was sworn into office | 4 March 1861

Gov. Sam Houston resigned from office because he refused to swear allegiance to the CSA | 16 Mar 1861

The CSA fired the first shot of the Civil War | 12 April 1861

American Historical Association: The Indissoluble Union | 20 November 1860

President Abraham Lincoln issued his Emancipation Proclamation | 1 January 1863

CSA Gen. Robert E. Lee surrenders to Gen. Ulysses S. Grant | 9 April 1865

Texas slaves were emancipated | 19 June 1865

The Civil War officially ended | 20 August 1866

The State of Texas Starts Over

The U.S. Supreme Court opines that states do not have the right to unilaterally secede from the United States: Texas v. White, 74 U.S. 700 (1868) | 12 April 1869

The Texas Convention, dominated by Republicans, ratified the new state constitution | January 1870

The Texas Legislature ratifies the 14th and the 15th Amendments to the U.S. Constitution | February 1870

Texas was formally readmitted to the Union by President Grant | 30 March 1870

Historical Note: “Edmund Davis, serving as the governor put in place by Reconstruction, enforced the ideas of Reconstruction. He used the militia (composed of blacks) to enforce order at the polls, centralized the public-school system, and supported higher taxes. Ultimately, Davis’ actions led to the undoing of the Republican party in Texas following Reconstruction. Additionally, during this time, African Americans were able to gain representation through the Republican party, and some even served as Texas State Representatives — such as Mitchell Kendall from New Town. However, starting in 1871, Republicans began to lose elections to Democrats, and in the 1873 election, Richard Coke won the governorship as a Democrat. This marked the end of Republican control in Texas and showed the strong response of Texas Democrats to the Republicans and Reconstruction.

In August 1875, Texans called for a new state constitution, in order to “redeem” the state from Republican Reconstruction efforts. Seventy-five of the ninety delegates to the constitutional convention were Democrats. The new constitution, completed by November, reflected the “redeemer’s” views and replaced the Reconstruction Era’s centralized, activist, and expensive government. The new state constitution effectively gave more power to local governments. It officially went into effect on April 18, 1876, wiping away the last vestiges of Reconstruction, Republican control, and military rule.”

TEXIT version 2.0

State Representative Kyle Biedermann proposed the Texas Independence Referendum Act HB1359. “the bill provides for the establishment of a committee to begin working on a transitional plan which would address all of the issues related to decoupling from the federal government.”

Learn about the Texas Nationalist Movement here: https://tnm.me/about

Constitutional Authority

US Constitution

Article IV, Section 4

The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence.

Texas State Constitution

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. (Feb. 15, 1876.) 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. (Feb. 15, 1876.)

QUESTIONS

  1. What form of government? If TEXIT does not alter our state constitution, Article 1, Section 2.
  2. How do we segregate and/or set aside federal tax obligations?
  3. How much will our TxDot budget increase to fund federal highways?
  4. How would we enforce our southern border with Mexico?
  5. What will be the state taxation system? Income tax? Property tax?
  6. If Texas becomes an independent nation, what treaties will we pursue with our nearest neighboring country? Louisiana, Arkansas, Oklahoma, and New Mexico will no longer be neighboring states; they would be states of a foreign country.
  7. What about the maintenance of the intercoastal Canal? How do we fund it? Will we have an independent Coast Guard?
  8. What will be the cost of our own air traffic control system?
  9. Regarding prisons, what will be the cost to purchase and manage federal prisons presently now in Texas? Would they be closed and abandoned?
  10. How long will it take to fully implement a department of naturalization and immigration? How much will it cost?
  11. Would we not craft a new constitution? Is one in development now? Is this not something that would follow the creation and adoption of a new Constitution?
  12. The BIG question, will TEXIT No. 2 lead to a second Civil War as did TEXIT No. 1? How would we defend ourselves against the United States of America?
  13. If we TEXIT as a whole, we will still have Tarrant, Dallas, Travis, and Bexar counties to live with. Has anyone considered cutting out of the present state a couple of new states that exclude the aforementioned counties?
  14. BEFORE and well ahead of TEXIT, there must be limitations of political contributions to be only from INDIVIDUALS residing within the State of Texas.
  15.  Pipelines, interstate now, international after TEXIT. Import-export taxation? All interconnections between TEXIT and the USA fall into total federal control, no longer interstate commerce.

To be amended…

John White
Rockwall, Texas

Published by John White

A lifetime (over 50 years) of experiences with automation and control systems ranging from aerospace navigation, radar, and ordinance delivery systems to the world's first robotic drilling machine for the oil patch, to process-control systems, energy management systems and general problem-solving. At present, my focus is on self-funding HVAC retrofit projects and indoor air quality with a view to preventing infections from airborne pathogens.

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