Brietbart reported that Texans are so upset about the federal government that over a quarter of all voters (26 percent) would support leaving the United States regardless of the 2016 Election. Among Trump voters, that number goes up to 37 percent. Their poll also found that %40 of Texans would support Seceding from the United States if Hillary Clinton were to win the upcoming presidential election. But is it actually legal for Texas to leave the United States?
Historical and legal precedents argue that Texas could not pull off a Texit — at least not legally.
Article IV, Section 3 of the Constitution specifies how a state can gain admission to the United States. There is no stipulation, though, for the reverse.
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.
Many historians believe that when the Confederacy surrendered at Appomattox in 1865, the idea of secession was also defeated. The Union’s victory set a precedent that states could not legally secede.
Texas v. White made voluntary secession with permission impractical without a constitutional amendment granting the government the power to let Texas go.
Pro-secession activists are inspired in part by Texas’ history and are aggrieved by what they see as misconduct by the federal government. Before 1836, Texas was a Mexican province, but seceded for various reasons, including a slavery ban in Mexico and geographical proximity to and important trade relations with the United States. After existing as the independent Republic of Texas for 9 years, Texas was ultimately admitted as a state in 1845, which precipitated the Mexican-American War.
Despite the usual cries against secession, there has never been any law passed by Congress against secession and indeed the one time such a law was proposed it was voted down.