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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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