Joe (@Notsoavgjoe91)

Q: Is Texit unconstitutional? A: There is no prohibition in the United States Constitution that forbids any state from exiting the union. The Constitution of the United States defines the specific acts States are forbidden from committing in Article 1, Section 10. Nowhere in the remainder of the Constitution is the issue of a State leaving the Union explicitly forbidden, nor is power ceded to the federal government to prohibit one from doing so. In this silence, the Tenth Amendment to the Constitution applies:   “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”   This constitutional silence consolidated with the definitive reservation of power by the States, leaves the decision to the people of a State and to those people alone. And For this, the Texas Constitution. Article 1, Section 1 applies:   “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.”   This clause not only reserves all sovereignty not granted through the United States Constitution, but it also sets the conditions upon which Texas will remain in the union. The power to determine how Texans govern themselves is overtly declared to reside in the people of Texas alone, as Texas Constitution, Article 1 Section 2 clearly indicates:   “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.”