Can Texas secede from the US?

The Texas legend is a common myth mired in legal issues

Texas state flag stock image. (Pixabay)

SAN ANTONIO – It’s a common adage in Texas that we are the only state that can secede from the U.S. -- but is it true?

In short - no. Shocker right? Every Texan born and raised in our great state has heard the old saying about Texas being the only state that can secede.

However, a so-called Texit, or Texas exit from the union, is a common myth mired in legal issues that would make secession controversial, if not outright illegal.

Eric McDaniel, associate professor of government at the University of Texas at Austin, told the Texas Tribune in 2016 that “the legality of seceding is problematic. The Civil War played a very big role in establishing the power of the federal government and cementing that the federal government has the final say in these issues.”

A Supreme Court Case from 1868, Texas vs. White, also backs this up as the justices maintained that when Texas “became one of the United States, she entered into an indissoluble relation.”

The court’s decision meant that no individual states are now allowed to secede from the union.

“The union between Texas and the other States was as complete, as perpetual, and as indissoluble as the union between the original States. There was no place for reconsideration, or revocation, except through revolution, or through consent of the States,” according to the decision handed down by the justices.

So, without consent from the U.S. or by means of revolution, Texas can’t secede from the union.

Want to really have your mind blown? Picking bluebonnets is not illegal.


About the Author:

Mary Claire Patton has been a journalist with KSAT 12 since 2015. She has reported on several high-profile stories during her career at KSAT and specializes in trending news and things to do around Texas and San Antonio.