Tuesday, April 27, 2010

Texas v. White: Judge Napolitano's opinion

On Saturday, I commented on an article by Joseph Becker citing the U.S. Supreme Court decision in Texas v. White (1868) as the final word that secession is unconstitutional. At the reception prior to the Young Americans for Liberty rally at the Ohio State University Mar. 8, I asked Judge Andrew Napolitano about this. This is what he told me:

[It doesn't forbid secession, but] It raises the bar very high... Texas v. White says states can secede if 37 states agree to it. This shouldn't be necessary, because each state entered the union in a legislative act [Ohio's was by its First Constitutional Convention in November 1802], and it can be reversed the same way.

"The last time, South Carolina addressed the issue of secession, the court said you can secede." Judge Napolitano's conclusion about Texas v. White: "The glass isn't half empty, it is half full."

1 comment:

Barga said...

Why do we still call him Judge? This is a guy who formed a group opposing the inclusion of women at his school, and he is no longer on the bench. Why the hell does he matter one bit?

That said, I agree with his interpretation. He simply is saying that the states must approve leaving (akin to an amendment), and otherwise it is not allowed. Based on my interpretation of the Constitution, this is 100% correct.

As for the legislative act, not really sure why that matters one bit.

Also, what case is he specific referring to with SC?