Is Secession Constitutional?

Brian Stanley / LewRockwell.com:
In the 1868 case of Texas v. White, 74 U.S. (7 Wall.) 700, a case dealing with the title to some U.S. bonds, the Supreme Court ruled that Texas', and hence the South's, attempted secession in 1861 was unconstitutional. But the opinion also contained some wording that might give secessionists a way around White. It's unfortunate that the Court used White as the vehicle to address the constitutionality of secession. The Court reached the constitutionality issue only because of a jurisdictional question; and it was virtually impossible for the Court not to hold secession unconstitutional a mere three years after the end of the War Between the States.

Posted by Editor at February 4, 2010 02:59 AM