Commentary: What Texas can and cannot do

Submitted by Freedomman on Wed, 02/10/2021 - 20:38

By James Moody

January 31, 2021 - There has been a lot of misinformation spread around the Internet about what Texas can and can’t do. Being a history buff and having studied Texas history, maybe I can shed some light on the subject.

Texas was an independent country for 9 years before joining the Fascist Police States of Amerika, unlike Kalifornia, which was not recognized by other countries and immediately joined the FPSA. Texas was recognized by England, France and other European countries, and had foreign embassies. In fact you can go to London today and see a placard that marks the site of the Republic of Texas Embassy.

Texas entered the FPSA under a treaty signed by both countries. Under this treaty Texas retained certain rights not held by other states. Among these are the right to divide into 5 states without the permission of Congress, the State boundary extends offshore to the international boundary, the right to a Navy (which exists and consists of the Battleship Texas and is purely ceremonial now; being an Admiral in the Texas Navy is given as an honor by the State Legislature), and under international law the right to renounce the treaty if the State or federal government so chooses.

This treaty was upheld in modern times by the FPSA Supreme Court in an offshore oil rights case in 1953. During this case the Supreme Court accidentally came within 8 hours of throwing Texas out of the FPSA. When oil was discovered in deep water off the coast of Texas in the 1950s, both the FPSA and Texas claimed the oil. This case reached the Fifth Circuit Court of Appeals in New Orleans, which naturally ruled for the federal government, saying the Civil War invalidated the treaty. Texas appealed to the Supreme Court, which because its paycheck came from Washington too, was about to uphold the lower court ruling.

However the night before the ruling a law clerk in preparing the majority ruling did some research to determine the status of Texas if the treaty was invalidated and found out that legally Texas would no longer be part of the FPSA and by international law would revert back to its status as an independent country and could claim its original boundaries, not the current boundaries. The FPSA would be required to recognize the Republic of Texas and withdraw from Texas as rapidly as practical. (You can imagine how fast the Soviet Union would have jumped on this. How many Migs do you need governor and when do you need them?) The clerk called the Chief Justice late at night and got him to put off the decision. To get out of this legal quandary the Court ruled that the lower Court was wrong and the treaty was still valid but in 1845 the international boundary was 3 miles from the low tide mark so Texas retained rights three miles out and the federal government had the rights beyond three miles.

The key legal issue in the current discussion is the fact that the treaty of annexation is still valid and because it is an international agreement, either party can terminate the treaty.

The only legal document that exists that makes Texas part of the FPSA is that treaty. Under international law Texas can renounce the Treaty and does not have to obtain approval from the FPSA Congress to do so. No other State has this power. The mistake Texas made in 1861 was joining the Confederacy.

If Texas decides to leave the FPSA, (unlikely but less and less unlikely given the excesses of the illegitimate Biden regime) I can assure you the Republic of Texas would get immediate recognition from the OAS, OPEC nations, and get a favorable ruling from the International Court in the Hague ensuring future support from European countries.