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U.S. Constitution

Constitutional FAQ Answer #65

Constitutional FAQ Answer #65

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Q65. “Where in the Constitution does it mention
states’ right to secede from the union?”

A. The Constitution does not permit a state to secede once it is a part of
the Union. However, it does not prevent it either. It could be argued either
way. The Supreme Court added its opinion in Texas v White (74 US 700
[1869]). It said that the entry of Texas into the United States was its entry
into “an indissoluble relation.” It said that only through revolution or
mutual consent of the state and the United States could a state leave the Union
(it is interesting to note that Texas benefited from the decision that it had
unconstitutionally attempted to leave the Union).

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