Texas secession movements, also known as the Texas independence movement or Texit, refers to both the secession of Texas during the American Civil War as well as activities of modern organizations supporting such efforts to secede from the United States and become an independent sovereign state.
The U.S. Constitution does not specifically address the secession of states, and the issue was a topic of debate after the American Revolutionary War until the Civil War, when the Supreme Court ruled in Texas v. White that states strictly cannot unilaterally secede except through revolution or the expressed consent of the other states.
Texas was formerly called the Republic of Texas, a sovereign state for nine years prior to the Texas annexation with the United States. Accordingly, its sovereignty was not recognized by Mexico although Texas defeated the Mexican forces in the Texas Revolution, and authorities in Texas did not actually control all of its claimed territory.
Modern secession efforts have existed in the state at least since the 1990s and focused first on the Republic of Texas organization as well as the Texas Nationalist Movement. Recent discussions between Texas Republican Party representatives renewed talks of secession after the decision of the Supreme Court in Texas v. Pennsylvania, which declined to hear the case regarding attempts to overturn the 2020 presidential election due to lack of standing.
Secession in the United States
Discussion about the right of U.S. states to secede from the union began shortly after the American Revolutionary War. The United States Constitution does not address secession. Each of the colonies originated by separate grants from the British Crown and had evolved relatively distinct political and cultural institutions prior to national independence. Craig S. Lerner has written that the Constitution's Supremacy Clause weighs against a right of secession, but that the Republican Guarantee Clause can be interpreted to indicate that the federal government has no right to keep a state from leaving as long as it maintains a republican form of government.
The question remained open in the decades before the Civil War. In 1825, Alexis de Tocqueville observed, "If today one of these same states wanted to withdraw its name from the contract, it would be quite difficult to prove that it could not do so. To combat it, the federal government would have no evident support in either force or right." However, Joseph Story wrote in 1830 in Commentaries on the Constitution that the document foreclosed the right of secession. On the eve of the Civil War, President Abraham Lincoln argued that states were not sovereign before the Constitution but instead they were created by it.
Current Supreme Court precedent, in Texas v. White, holds that the states cannot secede from the union by an act of the state. More recently, in 2006, Supreme Court Justice Antonin Scalia stated, "If there was any constitutional issue resolved by the Civil War, it is that there is no right to secede."
Republic of Texas (19th century)
Texas seceded from Mexico in 1836, spurred on primarily by American settlers in the former Mexican territory against the government of Santa Anna.
After the final engagement at San Jacinto in 1836, there were two different visions of the future of Texas: one as a state of the United States and the other as an independent republic. Sam Houston promoted the first, as he felt that the newly independent country, lacking hard currency and still facing threats from Mexico, could not survive on its own. The other was promoted by second Texas president Mirabeau B. Lamar, who felt that it was Texas's destiny to be a nation that extended from the Louisiana border to the Pacific Ocean. For this reason, Lamar is considered the father of Texas nationalism.
The Republic under Lamar incurred large-scale debt, and suffered from a poor economy and inadequate defenses, which led to the annexation of Texas into the United States in 1845. Since then, the state's time as an independent nation has been the basis of a lasting sense of national identity.