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Constitutional Silence Does Not Equal Constitutional Prohibition
Constitutional Silence Does Not Equal Constitutional Prohibition
(Texian Partisan) - Critics of Texas independence often point to a constitutional argument they believe settles the matter: “The Constitution has procedures for admitting states, not removing them.” This objection sounds authoritative, but it rests on a fundamental misunderstanding of how the Constitution works.
The Fear: If the Constitution doesn’t explicitly provide an “exit procedure,” then Texas cannot legally leave the Union. Therefore, fighting for independence is hopeless and illegal.
The Reality: Constitutional silence does not equal constitutional prohibition. The Constitution operates on a principle of enumerated powers—what it doesn’t forbid, it allows.
Article IV, Section 3 does indeed outline how Congress can admit new states: “New States may be admitted by the Congress into this Union.” But the absence of a removal procedure means nothing legally. The Constitution lists specific restrictions on states in Article I, Section 10—things like coining money, entering into treaties, or maintaining armies in peacetime. Notably absent from this list is any prohibition on leaving the Union.
The Tenth Amendment makes this principle explicit: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” If withdrawing from the Union is neither delegated to the federal government nor explicitly prohibited to the states, then it remains a…