The Myth of Our 'Trial by Combat' #SECEDE #TEXIT
Wars Don't Decide Constitutional Law
Wars Don’t Decide Constitutional Law
(Texian Partisan) - Opponents of Texas independence frequently cite Justice Antonin Scalia’s 2006 letter claiming “If there was any constitutional issue resolved by the Civil War, it is that there is no right to secede.” This statement has become gospel for those who want to keep Texas trapped in an abusive federal relationship. But wars don’t decide constitutional questions—courts do.
The fear behind this objection runs deep: If the Civil War “settled” secession, then any attempt at Texas independence would face immediate federal force. This conditioning keeps many Texans believing they have no choice but to accept whatever Washington demands. Scalia’s letter was written to a screenwriter working on a political farce, not as a formal legal opinion.
The Reality: Legal Questions Require Legal Answers
TNM President Daniel Miller puts it plainly: “Wars don’t solve legal questions. Using the Civil War as ‘legal’ precedent is a might-makes-right philosophy with no basis in constitutional law.” The Constitution contains no prohibition against secession. Article I, Section 10 lists powers denied to states—secession isn’t among them.
The Tenth Amendment reserves all unspecified powers to…
While I agree that secession is legal under the Constitution, the ultimate question remains, who benefits? As I understand the history, a break up of the US in the Civil War would benefit the Rothschilds and their cohorts. Was that the plan? Will Texans benefit from secession?