A loud minority of Texans call for Independence, which is not really possible as far as I know, BUT could the Rest of the USA just kick another state (Not necessary Texas) out? Or is this also not possible?

    • HobbitFoot @thelemmy.club
      link
      fedilink
      English
      arrow-up
      36
      ·
      9 months ago

      To further add, there is nothing in the Constitution which allows for having a state leave and the Constitution is where that process would be to be laid out. So, if a state wanted to leave and the rest of the country agreed, you would need a constitutional amendment to spell out that process.

      Given the high bar required to amend the Constitution, having a state leave would need to be very popular politically.

      • corsicanguppy@lemmy.ca
        link
        fedilink
        arrow-up
        4
        ·
        9 months ago
        1. Dems suggest texas can texit if the GOP drafts it.

        2. GoP doesn’t want to blink, crafts it in a way that gives Texas power when it leaves, to please the howling magats

        3. Dems say "cool. These 31 states on both coasts are seceding. Using the process laid out, each coastal block will reorganize into its own group.

        Now the red states are booted. Miller time.

        • HobbitFoot @thelemmy.club
          link
          fedilink
          English
          arrow-up
          1
          ·
          9 months ago

          There is no “gives Texas power” about that. If Texas were to leave, the big bargaining issues would be on water rights and what to do about social security.

          • VulKendov@reddthat.com
            link
            fedilink
            arrow-up
            1
            ·
            9 months ago

            There’s no legal way for Texas to leave the union. If Texas did, it’d be treason. No bargaining, only civil war.

            • lordnikon@lemmy.world
              link
              fedilink
              English
              arrow-up
              6
              ·
              9 months ago

              It’s Insurrection not treason. Treason is very narrowly defined as giving Aid & Comfort to a foreign power. People misuse treason way too often.

    • bitcrafter@programming.dev
      link
      fedilink
      arrow-up
      5
      ·
      9 months ago

      Except for denying a state equal representation on the Senate without its consent; the Constitution explicitlyforbids that.

      • kirklennon@kbin.social
        link
        fedilink
        arrow-up
        15
        ·
        9 months ago

        And yet that provision is itself still part of the constitution so really an amendment just needs to have an initial sentence to override that limitation first. If there’s actually support for a change, anything can be changed.

        • bitcrafter@programming.dev
          link
          fedilink
          arrow-up
          3
          ·
          9 months ago

          If it were really so easy to bypass that restriction, then what was the point of putting that sentence in in the first place?

          • dhork@lemmy.world
            link
            fedilink
            English
            arrow-up
            7
            ·
            edit-2
            9 months ago

            Because Congress has wide latitude to set its own membership by passing laws to that effect. The size of the House, for instance, used to increase on every Census, until Congress passed a law to fix it at 435. (A huge mistake, IMHO, and part of the reason why our politics are so wacky today.)

            This ensures that the Senate can never re-make itself to be anything other than the body with equal representation among states, unless the affected states also agree.

            • bitcrafter@programming.dev
              link
              fedilink
              arrow-up
              1
              ·
              9 months ago

              This ensures that the Senate can never re-make itself to be anything other than the body with equal representation among states, unless the affected states also agree.

              Yes, that is exactly my point: if this restriction could itself be eliminated through the amendment process, then it effectively does not exist.

              • dhork@lemmy.world
                link
                fedilink
                English
                arrow-up
                4
                ·
                9 months ago

                No, you don’t get my point, if that specific clause weren’t in the Constitution then Congress could enact a law to change how the Senate is constructed. The clause serves a purpose, even if it can be itself changed via amendment.

                • bitcrafter@programming.dev
                  link
                  fedilink
                  arrow-up
                  1
                  ·
                  9 months ago

                  If the purpose of that clause were to restrict the kinds of laws that Congress can pass instead of the kinds of amendments that are allowed, then why does it appear in Article V, which relates to amendments, rather than Article I, which relates to Congress?

            • bitcrafter@programming.dev
              link
              fedilink
              arrow-up
              2
              ·
              9 months ago

              Sure, but once there is enough determination to deprive a state of equal representation in the Senate that there are sufficient votes to amend the Constitution once in order to do this–which, as you have pointed out, is a very high bar–then it is no harder to go through the amendment process twice in order to first drop that sentence.

              • kirklennon@kbin.social
                link
                fedilink
                arrow-up
                2
                ·
                9 months ago

                Indeed, the limitation in what can be amended is in practice totally powerless. I think of it as a rhetorical flourish to emphasize the importance they placed on representing states rather than people. For what it’s worth, I advocate for the full abolition of the Senate. It’s an anti-democratic institution. There’s no way to fix it without making it a clone of the House so let’s just do away with it entirely.

                • bitcrafter@programming.dev
                  link
                  fedilink
                  arrow-up
                  1
                  ·
                  9 months ago

                  Indeed, the limitation in what can be amended is in practice totally powerless. I think of it as a rhetorical flourish to emphasize the importance they placed on representing states rather than people.

                  It isn’t worded as a “rhetorical flourish”; it is worded incredibly clearly and explicitly as a prohibition:

                  Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate.

                  In fact, taking your reasoning a step further: are you likewise arguing that when the prohibition against banning the slave trade prior to 1808 was included here, that it was also understood to be a “rhetorical flourish” with no teeth behind it? If so, then why did they go to so much trouble to put it in? It seems like a lot of wasted effort in that case.

                  • kirklennon@kbin.social
                    link
                    fedilink
                    arrow-up
                    1
                    ·
                    9 months ago

                    it is worded incredibly clearly and explicitly as a prohibition

                    And yet it’s inherently non-operative. I’m unconcerned with how it was intended since that’s totally irrelevant to what it actually is.

      • voracitude@lemmy.world
        link
        fedilink
        arrow-up
        5
        ·
        9 months ago

        Any amendment to the Constitution to show secession or for a state to be removed would obviously change that, too.

        • bitcrafter@programming.dev
          link
          fedilink
          arrow-up
          1
          ·
          9 months ago

          Sure, but obviously in that case it would no longer matter whether that state had Senators or not because it would no longer be subject to the laws of the U.S. government.

    • Bwaz@lemmy.world
      link
      fedilink
      arrow-up
      5
      ·
      9 months ago

      Or if most of the population just decides to ignore the constitution. But how likely is that?

      • corsicanguppy@lemmy.ca
        link
        fedilink
        arrow-up
        3
        ·
        9 months ago

        If you poll half the population, they don’t even know what the Constitution says. They could be ignoring it now.