Facts of the Case
In 1851, Congress authorized the transfer of $10 million worth of United States bonds to the state of Texas. The Reconstruction government claimed that the bonds had been illegally sold by the Confederate state legislature during the American Civil War. When the Reconstruction government tried to reclaim the bonds, Texas filed suit directly in the United States Supreme Court, which retains original jurisdiction in certain cases in which a state is a party.
Questions
- Was Texas eligible to seek redress in the Supreme Court?
- Could Texas constitutionally reclaim the bonds?
Conclusions
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In a 5-to-3 decision, the Court held that Texas did indeed have the right to bring suit. The Court held that Texas had remained a state, despite joining the Confederate States of America and its being under military rule at the time of the decision. The Court further held that individual states could not unilaterally secede from the Union and that the acts of the insurgent Texas legislature--even if ratified by a majority of Texans--were "absolutely null." Even during the period of rebellion, however, the Court found that Texas continued to be a state.
Supreme Court Reaffirms State Sovereignty
Federalism & Separation of Powers Practice Group Newsletter - Volume 1, Issue 1, Fall 1996
The most significant decision involving federalism that was handed down during the October 1995 Term--indeed,...
