The History of the Development of Legal Instruments to Prevent Secession: Texas v. White (1869)

On April 12, 1869 the Supreme Court of United States rendered decision in case Texas v. White connection with appeal on fate bonds issued by state during Civil War North and South. The resolution this issue, seemingly far from constitutional legal aspects secession, forced to speak a number related issues. These include «eternal indissoluble union» states that entered States, American nation its expressed will, nature federalism, possibility secession as such. court answered negative whether can unilaterally secede thereby laying foundations modern judicial doctrine admissibility secession. In European science, is still subject discussion. paper analyzes documents mentioned decision, outlines main arguments Court, reveals scientists criticizing decision. shows difference between approach US interpreting «silence» Constitution approaches other countries Anglo-Saxon system law (in Canada UK). problem validity context international touched upon. conclusion, author expresses her opinion reasons for use control bodies different countries. believes search justification existing framework conditions constitution chose those fundamental provisions do not directly relate it, but are contained constitutions many countries, at same time managed link them inadmissibility