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Fact check: What legal barriers prevent US states from seceding from the Union?
Checked on June 11, 2025
1. Summary of the results
The legal barriers preventing US states from seceding are firmly established through multiple channels:
- The landmark Supreme Court case Texas v. White explicitly ruled that states cannot unilaterally secede, establishing that states enter an "indestructible union" with permanent obligations [1]
- Constitutional mechanisms, particularly Article V, make unilateral secession legally impossible by requiring broad consensus for any constitutional changes [2]
- Multiple constitutional law experts, including Justice Antonin Scalia, have confirmed the legal impossibility of unilateral secession [3]
2. Missing context/alternative viewpoints
Several important contextual elements are worth considering:
- While unilateral secession is illegal, there are technically two theoretical paths to secession:
1. Through revolution
2. Through consent of all states [1]
- Some argue for a theoretical right to secede based on the Tenth Amendment, though this interpretation is constitutionally questionable [4]
- The Constitution's silence on secession appears to be intentional by the Framers [4]
- For individuals wanting to leave the Union, individual emigration remains the only legal option, rather than state-wide secession [5]
3. Potential misinformation/bias in the original statement
The question itself might benefit from additional context about:
- Practical Implications: Beyond legal barriers, secession would face significant practical challenges:
- Loss of representation
- Economic difficulties
- Geopolitical complications [4]
- Constitutional Process: Any constitutional changes would require:
- Two-thirds of states to propose an amendment
- Three-fourths to ratify it [2]
- Legal Consequences: Attempts at secession could potentially be considered treason under the Constitution [5]
This complex legal framework benefits various stakeholders:
- Federal Government: Benefits from maintaining territorial integrity
- Constitutional Scholars and Legal Experts: Their interpretations shape the ongoing debate
- State Governments: Must operate within these established legal constraints, regardless of local political preferences
Want to dive deeper?
What did the Supreme Court rule in Texas v. White regarding state secession?
Can states legally withdraw from the Union through constitutional amendment processes?
What role does the Supremacy Clause play in preventing state secession?
How do nullification theories relate to modern secession movements in US states?
What would be the economic and legal consequences if a US state attempted to secede?