Texas Nationalist Movement

Is It Legal?

Would Texans keep Bill of Rights protections?

Yes. Texans keep their fundamental rights, because those rights are written into the Texas Constitution, not borrowed from Washington. The Texas Bill of Rights already guarantees the freedoms Texans care about, and in several respects it guarantees them more strongly than the federal Bill of Rights does.

Your rights are Texas rights, and they already exist

The most common worry is that Bill of Rights protections somehow come only from the federal Constitution, so leaving the union would strip them away. That is not how it works. Texas has its own Bill of Rights, the very first article of the Texas Constitution, and it has been in force for 150 years. Free speech, free exercise of religion, the right to keep and bear arms, due process, trial by jury, protection against unreasonable searches and seizures, protection of property: all of it is written into Texas law independently of the federal document. Independence does not remove these protections, because they were never dependent on Washington to begin with.

In several areas Texas protects more, not less

The Texas Bill of Rights is longer and more detailed than the federal one, and Texas courts have repeatedly held it can provide broader protection than its federal counterpart, and never less. In practice that means a Texan can win protection under the Texas Constitution in situations where the federal Constitution would not reach. Texas courts apply key Texas guarantees, like the protection against unreasonable searches and the guarantee of due course of law, on their own terms rather than as an echo of federal doctrine. The floor on Texans' rights does not drop at independence. In a number of places it is already higher.

The Texas Constitution makes these rights inviolate

The Framers of the Texas Constitution did not leave the Bill of Rights as a suggestion. Article 1, Section 29 declares that everything in the Texas Bill of Rights "is excepted out of the general powers of government, and shall forever remain inviolate, and all laws contrary thereto, or to the following provisions, shall be void." Any law that violates those rights is void in Texas, by the Texas Constitution's own command. That guarantee is enforced by Texas courts and depends on no government outside Texas.

Equal protection is written in, in plain words

Texans of every background keep equal protection of the law, and on this the Texas Constitution is explicit. Article 1, Section 3 guarantees that all free people have equal rights. Article 1, Section 3a, the Texas equal rights provision, states that "Equality under the law shall not be denied or abridged because of sex, race, color, creed, or national origin." That is direct, self-operative text in the Texas Bill of Rights, and it has no exact counterpart in the federal Constitution. Texas courts have treated it as a strong guarantee. Every Texan is protected equally under Texas law, and that protection is spelled out in the founding charter itself.

Texas courts become the direct guardians of your rights

What changes at independence is not the existence of these rights but who has the final say in protecting them. Today, the last word on many rights questions can run to a federal court. In an independent Texas, the Texas courts are the guardians of the Texas Bill of Rights, answerable to the Texas Constitution and to Texans. Your rights move closer to home, under the protection of the courts of your own nation, with no outside authority able to narrow them.

The bottom line

Texans keep every Bill of Rights protection, because those protections live in the Texas Constitution, which in several respects guards them more strongly than the federal one and declares them inviolate. Equal protection is written in by name. Independence puts those rights under the direct guardianship of Texas courts, and lowers nothing.

Texas First. Texas Forever.

Texas should govern Texas. Be counted.

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