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Fact check: In the U.S. can counties legally secede from the state?
1. Summary of the results
The question of county secession in the U.S. is legally complex and practically nearly impossible. While technically there is a pathway for counties to join other states, it requires multiple levels of approval and faces significant legal barriers [1]. The Supreme Court case Texas v. White established that states cannot unilaterally secede from the Union [2], and this principle extends to counties. The process is described as "exceedingly arduous," requiring approval from both state legislatures and Congress [3].
2. Missing context/alternative viewpoints
Several important contextual elements are missing from the original question:
- Historical Precedent: The State of Jefferson movement serves as a historical example of unsuccessful county secession attempts [1].
- Legal Consequences: Some constitutional scholars suggest that secession attempts could be considered treasonous [2] [2].
- Alternative Solutions: Rather than full secession, counties have the option of pursuing "internal self-determination" - gaining greater autonomy while remaining within their state [4].
- International Context: International law generally favors maintaining state sovereignty over allowing secession, viewing it as a "last resort" only in cases of grave injustices [4].
3. Potential misinformation/bias in the original statement
The original question oversimplifies a complex legal and political issue. Here's who benefits from different interpretations:
- Rural Communities: Many current secession movements are driven by rural areas seeking to join politically aligned neighboring states [3]. These communities benefit from promoting the narrative that secession is legally viable.
- State Governments: Benefit from emphasizing the "indissoluble relation" interpretation of the Supreme Court [5], as it helps maintain their territorial integrity and tax base.
- Legal Scholars: Constitutional experts like Akhil Reed Amar benefit from promoting the strict interpretation that the only legal way to "secede" is through individual emigration [2], as it reinforces traditional constitutional interpretations.