Fact check: Can states legally withdraw from the Union through constitutional amendment processes?

1. Summary of the results

The question of states legally withdrawing from the Union through constitutional amendment processes is highly complex and contested. Constitutional law experts and Supreme Court precedent (specifically Texas v. White) have established the United States as an "indestructible union," effectively ruling out legal secession ^[1]. However, some legal scholars argue that states retain this right under the 10th Amendment and the founders' original intent ^[2]. Contemporary constitutions globally generally don't recognize a right to secede, though some exceptions exist ^[3].

2. Missing context/alternative viewpoints

Several important contextual elements are missing from the original question:

• The historical precedent of the Civil War and its legal implications are crucial to understanding this issue ^[1]
• The question of forced ratification during Reconstruction potentially undermines some arguments against secession ^[2]
• There's a distinction between unilateral secession and consensual secession through constitutional processes ^[3]
• The debate involves multiple frameworks including philosophical, legal, and international perspectives ^[4]
• While direct secession might not be legal, constitutional amendments could potentially create a qualified right to secede under specific conditions ^[3]

3. Potential misinformation/bias in the original statement

The original question oversimplifies a complex legal and constitutional issue. Several groups have vested interests in how this question is interpreted:

• States' rights advocates benefit from promoting the narrative of legal secession through the 10th Amendment ^[2]
• Federal government supporters benefit from maintaining the "indestructible union" interpretation ^[1]
• Constitutional scholars acknowledge the complexity of the issue, noting that while arguments exist for both sides, there is currently no clear lawful path for unilateral secession ^[5]

The question also assumes that constitutional amendment processes would be a viable path for secession, when in reality, the legal framework is much more complex and contested.