Pettifoggery

Pettifogger - 1) a lawyer whose methods are petty, underhanded, or disreputable 2) one given to quibbling over trifles

Name:
Location: The Wild and Woolly West, United States

Saturday, September 17, 2005

The Great State of Texas

Citizens of Texas are insufferably proud about their state. They claim to be the only state that existed as a nation before annexation into the United States. Never mind instances such as Hawaii, California, Florida, and Vermont. Because of this singular fact, they enjoy rights above and beyond every other state of the union. One is that they may fly their state flag at the same height as the national flag. Another is that they have a right to secede.

That Texas is the only state that may fly its flag at the same height as the national flag is thoroughly debunked on Snopes.com.

As for Texas' right to secede, that is non-existant as well

The text of the current Texas constitution is available online. I can find no mention of a right to secession from the United States. In fact, I find many places where the State of Texas submits itself to the government and constitution of the United States.

I can not find in the Joint Resolution for Annexing Texas to the United States by the Congress of the United States, the Ordinance of Annexation by a Texas constitutional convention, and the Joint Resolution for Admission of the State of Texas into the Union, a mention of a right to secession either.

A more elaborate version goes that the right for Texas to secede was part of the Treaty of Guadelupe-Hildago, in Article VII, Chapter 2, ratified by the United States Senate in 1845, that would permit the State of Texas to secede based on a 2/3rd majority vote in its state legislature. The Treaty of Guadalupe-Hidalgo was ratified in 1848. The text of Article VII reads:

The river Gila, and the part of the Rio Bravo del Norte lying below the southern boundary of New Mexico, being, agreeably to the fifth article, divided in the middle between the two republics, the navigation of the Gila and of the Bravo below said boundary shall be free and common to the vessels and citizens of both countries; and neither shall, without the consent of the other, construct any work that may impede or interrupt, in whole or in part, the exercise of this right; not even for the purpose of favoring new methods of navigation. Nor shall any tax or contribution, under any denomination or title, be levied upon vessels or persons navigating the same or upon merchandise or effects transported thereon, except in the case of landing upon one of their shores. If, for the purpose of making the said rivers navigable, or for maintaining them in such state, it should be necessary or advantageous to establish any tax or contribution, this shall not be done without the consent of both Governments.

The stipulations contained in the present article shall not impair the territorial rights of either republic within its established limits.


So I wish Texans would stop threatening to secede.

0 Comments:

Post a Comment

<< Home