The Legal Reality: #TEXIT Cannot Be Criminalized
Federal Law Cannot Criminalize Peaceful Texas Independence
Federal Law Cannot Criminalize Peaceful Texas Independence
(Texian Partisan) - Critics of Texas independence often deploy a fear-based argument designed to shut down discussion before it starts: “Secession would be considered rebellion or insurrection under US law.” This objection aims to make Texans believe that pursuing self-determination automatically makes them criminals. The reality tells a different story.
This myth relies on fundamental misunderstandings about constitutional law, the definition of treason, and the difference between peaceful political processes and armed rebellion. When examined against legal precedent and historical evidence, the argument collapses completely.
The Fear: Peaceful Independence Equals Criminal Rebellion
The objection assumes that any attempt to withdraw from the Union automatically constitutes rebellion, insurrection, or treason under federal law. Critics claim that TEXIT leaders would face federal prosecution regardless of how peaceful or democratic the process remains. This conditioning teaches Texans to fear their own right to self-determination.
But this fear ignores a critical legal distinction that even federal prosecutors recognized during the Civil War era.
The Jefferson Davis Case: When Secession Couldn’t Be Called Treason
The most powerful evidence against this myth comes from…