You’ve heard it at the backyard BBQ. Maybe you saw it on a bumper sticker behind a dually truck on I-35. Someone eventually says it with total confidence: "Texas is the only state that can legally leave the Union because of how we joined."
It’s a great story. It feels rugged. It fits the whole "Lone Star" vibe perfectly.
But is it true? Honestly, no.
The idea that Texas has a "get out of jail free" card tucked away in its 1845 annexation papers is one of the most persistent myths in American politics. People love to talk about "Texit" like it’s a simple paperwork issue. It isn’t. Between the Supreme Court, the ghost of the Civil War, and the way the U.S. Constitution is actually written, the door to secession isn't just locked—it's basically welded shut.
The 1845 Myth: What the Papers Actually Say
If you dig into the Joint Resolution for Annexing Texas to the United States, you won't find the word "secede." You won’t find a "breakup" clause.
What you will find is a weird little provision about splitting.
Back in 1845, Texas was huge and sparsely populated. The U.S. Congress was worried about maintaining the balance between slave states and free states. So, they added a line saying Texas could, if it wanted to, divide itself into five separate states.
- Texas stays Texas.
- It could birth four additional states.
- This would mean ten U.S. Senators instead of two.
That is where the "legal right" talk usually starts. People hear "split up" and think "leave." But there is a massive difference between moving into a different room in the same house and moving out of the neighborhood entirely. Dividing into more states keeps you in the Union. It doesn't give you a ticket out.
The Court Case That Ended the Debate
If the 1845 documents left any room for a "maybe," the Supreme Court slammed it shut in 1869.
The case was Texas v. White.
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It’s a bit dry—mostly about some government bonds that the Confederate-era Texas government tried to sell—but the ruling was a bombshell. Chief Justice Salmon P. Chase didn't just talk about money; he talked about the nature of the country.
"The Constitution, in all its provisions, looks to an indestructible Union, composed of indestructible States."
Chase was pretty clear. He argued that when Texas joined the U.S., it entered into an "indissoluble relation." Think of it like a marriage where there is no such thing as divorce, only "till death do us part." He basically said that once you’re in, you’re in. Forever.
Wait, there’s a tiny asterisk.
Chase did mention two ways a state could leave: revolution or the consent of the States.
Basically, you either win a war (which didn't work out the first time) or you get every other state to agree to let you go. Imagine trying to get 49 other states to agree on anything in 2026. It’s a bit of a long shot.
Why "Texit" Keeps Bubbling Up
So why do we keep talking about this?
Groups like the Texas Nationalist Movement (TNM) have been pushing for a "Texit" referendum for years. They point to the "Right of Reform" in the Texas Constitution, which says the people have the "inalienable right to alter, reform or abolish their government."
It’s powerful language. It sounds very "Declaration of Independence."
But there’s a catch. The U.S. Constitution’s Supremacy Clause (Article VI, Clause 2) says that federal law and the U.S. Constitution are the "supreme Law of the Land." If the U.S. Supreme Court says you can't secede, your state constitution doesn't really get to say otherwise.
The Reality of a Modern Breakup
Let's play "what if" for a second.
Suppose Texas ignored the courts and the history. Suppose they just... left.
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It would be a nightmare. We’re not talking about just changing the flags. You’ve got the U.S. military bases (Fort Cavazos, Lackland, etc.). Who owns the tanks? Who pays the soldiers? Then there’s Social Security. Millions of Texans have paid into a federal system for decades. If you leave the U.S., does Washington keep sending the checks? Probably not.
You’d need a new currency. A new border patrol. A new postal service.
Even the late Justice Antonin Scalia, who was no fan of federal overreach, was blunt about it. In a 2006 letter, he wrote: "If there was any constitutional issue resolved by the Civil War, it is that there is no right to secede."
No gray area there.
What Actually Matters Right Now
Secession is mostly a "vibes" movement. It’s a way for people to express how frustrated they are with Washington D.C. It's a protest.
If you are following the TEXIT movement or just curious about how this works, here is the real-world status of the "Can Texas Secede" question:
- Legality: Under current U.S. law and Supreme Court precedent, it is impossible for Texas to unilaterally secede.
- The "Five States" Rule: Texas can legally split into five states, but they would all still be part of the USA.
- Political Pathway: The only non-violent way out would be a Constitutional Amendment, which requires a two-thirds vote in both the House and Senate, plus ratification by 38 states.
The talk isn't going away. It's part of the Texas DNA to be a little defiant. But for now, the Lone Star is staying firmly on the blue field of the American flag.
If you're looking to dive deeper into the legal side, check out the full text of Texas v. White or read up on the 10th Amendment. Understanding the "Reserved Powers" of states is the best way to see where the real battles for autonomy are actually fought—usually in courtrooms, not on battlefields.
Keep an eye on the Texas Legislature in the coming sessions. Even if they can't leave the Union, they’re constantly testing the boundaries of state vs. federal power on things like border security and education. That's where the real action is.