Facing a tough challenge in his primary for reelection, Texas Gov. Rick Perry has taken up a curious new campaign slogan: Secession. In the audio tape below, Perry threatened that Texas reserved the right to secede from the Union in when it became a state in 1845. While Perry’s call for secession is likely to be echoed by many liberals across the country who have long criticized the state’s politics and politicians like George W. Bush, it may be a bit early to buy those Republic of Texas license plates and exchange your currency.

Crowds appear to have reacted well to Perry’s call, shouting “secede, secede.” Putting aside the obvious pandering and demagoguery, it is fascinating that Perry and the anti-tax demonstrators have rallied in opposition of what they see as a massive expansion of government and the denial of states rights. I happen to oppose many parts of the stimulus program and I have equal concerns over the tax increases being planned by the Democrats. However, it is a bit curious that these Texans were not demonstrating when the Bush Administration attacked the rights of states to determine for themselves how to handle such things as medical marijuana, assisted suicide, or same sex marriage. They were not in the streets when Bush massively increased the use of the military in domestic law enforcement and operations. There were no demonstrations when Bush asserted the right to detain U.S. citizens and strip them of their constitutional rights with access to courts or lawyers. It is taxes that appear to have pushed Texans to call for secession.

It appears that the great love for nation in this very patriotic state evaporates the minute that taxes are increased. For some love-it-or-leave-it Americans, they have little love and a great desire to leave. I do not support the proposed tax increases, but I would consider a call to leave the United States to be distinctly unpatriotic and unAmerican. To do so over taxes shows how shallow the patriotism of some of these demonstrators truly is.

I particularly loved the conflicting image of many of these people waving American flags while shouting “secede.” Perry is not generally viewed as the sharpest tool in the shed of Republican governors, but he may want to inform people that we will keep the flag if they secede. It will also be interesting how Perry is going to pursue his national ambitions when he first response to higher taxes was to suggest the possibility of dissolving the Union.

Perry told reporters, “[t]here’s a lot of different scenarios. We’ve got a great union. There’s absolutely no reason to dissolve it. But if Washington continues to thumb their nose at the American people, you know, who knows what might come out of that. But Texas is a very unique place, and we’re a pretty independent lot to boot.” “We’ve got a great union”? Sounds like the line you get when your boyfriend or girlfriend is about to dump with you. “Honey, we have a great relationship, but . . . .”. Perry did indicate that Texas wants to stay the best of friends after the breakup.

Of course, Texas did secede once — not that long after joining the Union. It ended with Union troops crushing the confederacy and imposing martial law. They then faced increased taxed with occupation. The Supreme Court ruled in Texas v. White, 74 U.S. 700 (1869) that no state may unilaterally secede. Writing for the Court, Chief Justice Salmon Chase noted that a state could be removed from the Union by consent of the states, but not unilaterally as Perry suggests: “The union between Texas and the other States was as complete, as perpetual, and as indissoluble as the union between the original States. There was no place for reconsideration, or revocation, except through revolution, or through consent of the States.”

Putting aside Perry’s interpretation of the Constitution, no one less than Madison rejects the idea of secession at will. In a March 15, 1833 letter to Daniel Webster. Madison noted:

I return my thanks for the copy of your late very powerful Speech in the Senate of the United S. It crushes “nullification” and must hasten the abandonment of “Secession.” But this dodges the blow by confounding the claim to secede at will, with the right of seceding from intolerable oppression. The former answers itself, being a violation, without cause, of a faith solemnly pledged. The latter is another name only for revolution, about which there is no theoretic controversy.

In point of fact, secession is not a handy option preserved to Texas despite a website for a Texas nation and secession. There are also websites supporting the right of all states to secede. even Vermont has secessionists, which could then embargo the nation in denying use readily available Ben and Jerry’s ice cream. In 1845, Texas preserved the right to divide into four additional states. For people in Austin, this option has always been enticing to form a separate state rather than live as a political island in the state.

Texas, however, does not have an express authority to secede — a common myth. While some argue that any state may secede from a voluntary union, the Civil War was fought over such claims. The right to form four other states (for a total of five) can be found in the 1845 joint resolution that admitted Texas to the Union. The resolution includes the following language:

“And be it further resolved, That the foregoing consent of Congress is given upon the following conditions, to wit: . . . Third — New States of convenient size not exceeding four in number, in addition to said State of Texas and having sufficient population, may, hereafter by the consent of said State, be formed out of the territory thereof, which shall be entitled to admission under the provisions of the Federal Constitution; and such states as may be formed out of the territory lying south of thirty-six degrees thirty minutes north latitude, commonly known as the Missouri Compromise Line, shall be admitted into the Union, with or without slavery, as the people of each State, asking admission shall desire; and in such State or States as shall be formed out of said territory, north of said Missouri Compromise Line, slavery, or involuntary servitude (except for crime) shall be prohibited.

Perry’s suggestion of a new state brings a certain quote from Sam Houston to mind: “All new states are invested, more or less, by a class of noisy, second-rate men who are always in favor of rash and extreme measures, but Texas was absolutely overrun by such men.”

That is indeed unique and was a byproduct of the raging debate over free and slave states. Thus, Texans may want to pay their taxes, stay in the Union, but form four more perfect state unions. The State of Austin awaits recognition.

For the audio recording, click here.

For the full story, click here.

“Texas, Our Texas”

Texas, Our Texas! all hail the mighty State!
Texas, Our Texas! so wonderful so great!
Boldest and grandest, withstanding ev’ry test
O Empire wide and glorious, you stand supremely blest.
(chorus)

Texas, O Texas! your freeborn single star,
Sends out its radiance to nations near and far,
Emblem of Freedom! it set our hearts aglow,
With thoughts of San Jacinto and glorious Alamo.
(chorus)

Texas, dear Texas! from tyrant grip now free,
Shines forth in splendor, your star of destiny!
Mother of heroes, we come your children true,
Proclaiming our allegiance, our faith, our love for you.

Chorus

God bless you Texas! And keep you brave and strong,
That you may grow in power and worth, throughout the ages long.
God bless you Texas! And keep you brave and strong,
That you may grow in power and worth, throughout the ages long.