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Texas v. White

April 12, 1869

By: Kelsie Aycock and Ethan Hunt

Going to the Courts

Lower Courts v. Supreme Court

History and the Facts

Instead of going to the lower state courts first, the state of Texas went directly to the Supreme Court. The people of Texas were able to retain original jurisdiction on the case because it was a case for the entire state, not a specific person or group.

Texas v. White

Majority Decision

Chief Justice Salmon P. Chase

This case was first argued on Feb. 5th, 1869 when a claim by the Reconstruction government of Texas stated that United States bonds were illegally sold during the Civil War since there was a debate of whether Texas suceeded from the Union

The majority decision that was decided under and written by Chief Justice Salmon P. Chase stated that the Constitution did not permit states to unilaterally secede from the United States.

This majority opinion ordered that Texas still retained ownership of the bonds and the people of Texas were still entitled to return the bonds to parties who redeemed them. There were no concurring opinions on the Texas v. White case, the decision was unanimous.

The Vote was 5-3 in favor of no state legally being allowed to seceed from "an indestructible union."

It was confirmed and strengthened by the necessities of war, and received definite form and character and sanction from the Articles of Confederation.

Chief Justice Salmon P. Chase

SOURCES:

Dissenting Opinion

Significance of this Case

https://en.wikipedia.org/wiki/Texas_v._White

Justice Robert Grier

https://quizlet.com/17724963/supreme-court-cases-flash-cards/

https://www.britannica.com/event/Texas-v-White

The dissenting opinion was written by Justice Robert Grier and relied on the previous case of Hepurn v. Ellzey. There were no concuring opinions created.

The dissent disagreed with "all points raised and decided" by the majority. Grier had also believed that this decision was not for the Courts, but was to be decided on by Congress. He had written that the jurisdiction of the Supreme Court is only to those of the United State, in which he thought Texas was not apart of.

The case of Texas v. White had declared that the Constitution did not allow states to secede by itself, without the approval of other states. It also decreed that all acts of seceding states and their legislatures were null and invalid.

The outcome of Texas v. White has never been superseded and remains relevant to this day.

https://www.law.cornell.edu/supremecourt/text/74/700#writing-USSC_CR_0074_0700_ZX

In the case of Hepburn v. Ellzey the opinion of the Court said that a state is officially a state if it has at least one representative in the House of Representatives. Also a state must have two Senators in the Senate and electors in the Electoral College.

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