Legal status of Texas - AbsoluteAstronomy.com

The legal status of Texas
Texas
Texas is the second largest U.S. state by both area and population, and the largest state by area in the contiguous United States.The name, based on the Caddo word "Tejas" meaning "friends" or "allies", was applied by the Spanish to the Caddo themselves and to the region of their settlement in...

is the standing of Texas as a political entity. The legal status of Texas relative to the United States of America has been the subject of debate. Texas is considered to be a state under the sovereignty of the United States of America. United States sovereignty over Texas has been disputed most recently by a movement launched by Richard McLaren. Adherents of that movement claim that American sovereignty is illegal. In disputes over the legal status of Texas, a key issue has been the tension between its de facto

De facto

De facto is a Latin expression that means "concerning fact." In law, it often means "in practice but not necessarily ordained by law" or "in practice or actuality, but not officially established." It is commonly used in contrast to de jure when referring to matters of law, governance, or...

and de jure

De jure

De jure is an expression that means "concerning law", as contrasted with de facto, which means "concerning fact".De jure = 'Legally', De facto = 'In fact'....

international standing. The boundaries of Texas have also been questioned, since the current state is not the same as the former Republic of Texas

Republic of Texas

The Republic of Texas was an independent nation in North America, bordering the United States and Mexico, that existed from 1836 to 1846.Formed as a break-away republic from Mexico by the Texas Revolution, the state claimed borders that encompassed an area that included all of the present U.S...

History

The dispute dates back to events in the 19th century. In 1845, the Republic of Texas

Republic of Texas

was admitted to the Union via a Joint Resolution

Joint resolution

In the United States Congress, a joint resolution is a legislative measure that requires approval by the Senate and the House and is presented to the President for his/her approval or disapproval, in exactly the same case as a bill....

of Congress which some scholars believe is not legal under international law. On February 23, 1861, citizens of the state voted overwhelmingly not to be part of the United States. During the American Civil War

American Civil War

The American Civil War was a civil war fought in the United States of America. In response to the election of Abraham Lincoln as President of the United States, 11 southern slave states declared their secession from the United States and formed the Confederate States of America ; the other 25...

, Texas was invaded by Union troops many times including the final major clash of the war which was the Battle of Palmito Ranch

Battle of Palmito Ranch

The Battle of Palmito Ranch, also known as the Battle of Palmito Hill and the Battle of Palmetto Ranch, was fought on May 12–13, 1865, during the American Civil War. It was the last major clash of arms in the war...

. Republic of Texas

Republic of Texas (group)

The Republic of Texas is a militia group that claims that the annexation of Texas by the United States was illegal and that Texas remains an independent nation under occupation. The issue of the Legal status of Texas led the group to claim to reinstate a provisional government on December 13, 1995...

supporters feel that Texas remains an independent nation and that American actions in the American Civil War has resulted in an illegal military occupation of Texas.

This article deals primarily with theoretical arguments regarding Texas' de jure
De jure
De jure is an expression that means "concerning law", as contrasted with de facto, which means "concerning fact".De jure = 'Legally', De facto = 'In fact'....

status under certain interpretations of international law. The debate is considered by some to resemble the same academic discourse being argued by several other activist groups in the United States, including 162 military personnel in Hawaii in 1893 does not easily compare to the invasions of the Union Army

Union Army

The Union Army was the land force that fought for the Union during the American Civil War. It was also known as the Federal Army, the U.S. Army, the Northern Army and the National Army...

in Texas from 1861–1865.

Colorado case

In January 2004, Timothy Paul Kootenay, in jail in Aspen, Colorado

Aspen, Colorado

The City of Aspen is a Home Rule Municipality that is the county seat and the most populous city of Pitkin County, Colorado, United States. The United States Census Bureau estimates that the city population was 5,804 in 2005...

, claimed that the state of Colorado

Colorado

Colorado is a U.S. state that encompasses much of the Rocky Mountains as well as the northeastern portion of the Colorado Plateau and the western edge of the Great Plains...

had no jurisdiction to extradite him to California

California

California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...

on a probation warrant, on the grounds that he was a citizen of the Republic of Texas. He claimed that the sliver of land which contains Aspen was a part of the original Republic of Texas and, as such, he was not a citizen of the United States. His claim was rejected by the courts.

Petition to the International Court of Justice

The Handbook of the ICJ

International Court of Justice

The International Court of Justice is the primary judicial organ of the United Nations. It is based in the Peace Palace in The Hague, Netherlands...

states that "Only States may be parties to cases before the Court" and the Court will only decide disputes which are "submitted to it by States." In 1995, a petition was filed with the ICJ by Richard L. McLaren asking that the Republic of Texas be declared to still exist. The clerk at the ICJ refused to file the case and wrote back, "I have to inform you, however, that the function of the International Court of Justice is confined to the settling, in accordance with international law, of legal disputes submitted to it by States, and to the rendering of advisory opinions on legal questions referred to it by duly authorized international organs and agencies. It follows that neither the Court nor its Members can consider applications from private individuals, or other entities, or provide them with legal advice, or assist them in their relations with the authorities in any country. As a result, no action will be taken on your letter."

Regarding these types of petitions, the ICJ handbook states:

Hardly a day passes without the Registry receiving written or oral applications from private persons. However heart-rending, however well-founded, such applications may be, the ICJ is unable to entertain them and a standard reply is always sent: 'Under Article 34 of the Statute, only States may be parties in cases before the Court.'

Historical legal actions

Texas v. White
Texas v. White
Texas v. White, was a significant case argued before the United States Supreme Court in 1869. The case involved a claim by the Reconstruction government of Texas that United States bonds owned by Texas since 1850 had been illegally sold by the Confederate state legislature during the American...

, United States Supreme Court, (1869)

In 1869, the Supreme Court ruled that secession of Texas from the United States was illegal. The court wrote, "The Constitution, in all its provisions, looks to an indestructible Union, composed of indestructible States." The court did allow some possibility of the divisibility "through revolution, or through consent of the States."

DeLima v. Bidwell
DeLima v. Bidwell
DeLima v. Bidwell, , was one of a group of the first Insular Cases decided by the United States Supreme Court.The case was argued on January 8-11, 1901 and was decided on May 27, 1901....

, 182 U.S. 1 (1901)

Annexation via a joint resolution of Congress is legal. The Supreme Court wrote, "A treaty made by that power is said to be the supreme law of the land, as efficacious as an act of Congress; and, if subsequent and inconsistent with an act of Congress, repeals it. This must be granted, and also that one of the ordinary incidents of a treaty is the cession of territory, and that the territory thus acquired is acquired as absolutely as if the annexation were made, as in the case of Texas and Hawaii, by an act of Congress."

History

Colorado case

Petition to the International Court of Justice

Historical legal actions

U.S. Legislation

See also

Republic of Texas independence movement websites

Terrorism Knowledge Base profile of Republic of Texas

Texas Convention Pro-Continuation of 1861