The Court made this same point in Coyle v. Smith (1911): But what is this power? [14] In some cases, an entire territory became a state; in others some part of a territory became a state. While Congress, which has ultimate authority over the admission of new states, has usually followed this procedure, there have been occasions (due to unique case-specific circumstances) where it did not.[15][16]. The small-state delegates in particular insisted as part of their demand for equal representation in Congress that, as William Patterson put it, “[a] confederacy supposes sovereignty in the members composing it, and sovereignty supposes equality.” The large-state delegates did not disagree with the notion of equal sovereignty; they disagreed instead with the insistence that equal representation was necessary for equal sovereignty. . The Court has stated that the Equal Footing Doctrine does not prevent Congress from imposing conditions on the admission of new states so long as Congress would have the power to impose those conditions under another clause of the Constitution separate from the Admissions Clause.

. “Equality of constitutional right and power is the condition of all the States of the Union, old and new.” Escanaba Co. v. Chicago (1883). You have a different Union if you have a Union of unequal States.”. Congress then directed that government to organize a constitutional convention to write a state constitution. Instead, the Indian Territory was incorporated into the new state of Oklahoma in 1907. Explore key historical documents that inspired the Framers of the Constitution and each amendment during the drafting process, the early drafts and major proposals behind each provision, and discover how the drafters deliberated, agreed and disagreed, on the path to compromise and the final text. This power is thus an important one. At the Constitutional Convention, the notion of equal sovereignty consistently held center stage. The Interactive Constitution is available as a free app on your mobile device. That is not to say that the Doctrine is not important—it is surely important that Congress cannot use its Admissions Clause powers to force a newly admitted state to only accept one Senator as representation in the Senate. The primary intent of this caveat was to give Eastern states that still had western land claims (there were four at that time: Connecticut, Georgia, North Carolina, and Virginia) a veto over whether their western counties could become states. The primary issue that the courts have wrestled with pursuant to the Admissions Clause is the extent to which it limits the power of Congress to impose the aforementioned conditions on, or otherwise to limit the sovereignty of, admitted states. Many delegates objected to including the phrase however, fearing that the political power of future new western states would ultimately overwhelm that of the established eastern states.

English and American common law traditions came to take a leading role in Louisiana politics and law; Mormons in Utah abandoned polygamy. This axiom was born of history. Learn vocabulary, terms, and more with flashcards, games, and other study tools. Hugh Williamson, for instance, expressed the view “that if the states were equally sovereign now, and parted with equal proportions of sovereignty, that they would remain equally sovereign.”, The ultimate decision to afford the states equal representation in the Senate—a partial victory for the small states—was an explicit reflection of the equal sovereignty principle.

In August, 1789, the ordinance was replaced by the Northwest Ordinance of 1789, in which the new Congress (under the present Constitution) reaffirmed the Ordinance with slight modifications. Or. Moreover, regardless of the extent to which the Court as a matter of caselaw imposed limits on admissions conditions pursuant to the Equal Footing Doctrine, Congress imposed significant constraints on newly admitted states, and the process of admission subject to these conditions often (though not always) led to substantial assimilation by the newly admitted states. Although the use of an enabling act was a common historic practice, a number of states were admitted to the Union without one. See, e.g., Zachary S. Price, NAMUDNO’s Non-Existent Principle of State Equality, 88 N.Y.U. Most famously, the Supreme Court applied the Equal Footing Doctrine in Coyle v. Smith (1911) to strike down a condition in the Oklahoma Enabling Act that restricted the ability of the newly admitted state to move the location of its state capital. [13], Shortly after the new Constitution went into effect Congress admitted Vermont and Kentucky on equal terms with the existing 13 states, and thereafter formalized the condition in its acts of admission for subsequent states. During this period, the Confederation Congress enacted two ordinances governing the admission of new states into the Union. In one instance, Mormon pioneers in Salt Lake City sought to establish the state of Deseret in 1849. In Shelby County v. Holder (2013), the Supreme Court cited the Equal Footing Doctrine cases in support of its assertion that “there is . Of the 37 states admitted to the Union by Congress, all but six have been established within an existing U.S. organized incorporated territory.

The process of creating a new state is written in Article IV, Section 3 of the Constitution which reads, "New States may be admitted by the Congress into this Union; but no new State shall be formed or erected within the Jurisdiction of any other State; nor any State be formed by the Junction of two or more States, or Parts of States, without the Consent of the Legislatures of the States concerned as well as of the Congress. [19] One notable example is the case New Jersey v. New York, in which New Jersey won roughly 90% of Ellis Island from New York in 1998.[20]. New States may be admitted by the Congress into this Union; but no new State shall be formed or erected within the Jurisdiction of any other State; nor any State be formed by the Junction of two or more States, or Parts of States, without the Consent of the Legislatures of the States concerned as well as of the Congress. Similarly, lower courts have regularly concluded that the Doctrine does not require that states be equal in any sense other than in core attributes of sovereignty.

Then, the president would sign the resolution and issue a proclamation announcing that a new state had been added to the Union. While the articles of Confederation were in effect, the Congress considered various ordinances admitting particular new states into the Union, none of which were approved: At the 1787 Constitutional Convention, a proposal to include the phrase, "new States shall be admitted on the same terms with the original States", in the new states clause was defeated. By far the most important aspect of the Admissions Clause, in terms of constitutional law, is the Supreme Court’s articulation of the Equal Footing Doctrine. One variation in the Enabling Act process involved Congress delegating the final approval process to the President. Thus, per Esconaba, Congress, even when it is exercising its legitimate powers, is constrained to respect the constitutionally mandated sovereign equality of all of the states. On March 12, 1959, Congress approved Hawaii for admission to the union as the 50th state, marking the last time statehood was…, The 1857 Supreme Court case Dred Scott v. Sandford inflamed sectional tensions over slavery and propelled the United States toward…, On March 10, 1848, the Senate approved a treaty that led to California and much of the Southwest joining the United States. A separate question that is raised by the Equal Footing Doctrine is the extent to which the Equal Footing Doctrine might reflect a fundamental constitutional requirement that all states be treated equally by Congress with respect to certain core areas of sovereignty, regardless of whether Congress is acting in connection with the admission of a new state or not. Hawaii is the last state to have been admitted to the Union. An Act of Congress established the territorial government, often giving greater self-government (e.g., in the form of an elected territorial legislature) as the territory’s population increased over time. The first such ordinance was the Land Ordinance of 1784, enacted April 23, 1784. A state so created might encompass all or a portion of a territory. With the growth of states' rights advocacy during the antebellum period, the Supreme Court asserted, in Lessee of Pollard v. Hagan (1845), that the Constitution mandated admission of new states on the basis of equality. Once established, most state borders have, with few exceptions, been generally stable. .

. It is not to admit political organizations which are less or greater, or different in dignity or power, from those political entities which constitute the Union. . The Admissions Clause’s Equal Footing Doctrine is therefore a specific manifestation of a general constitutional principle of state sovereign equality that is “necessarily implied and guarantied by the very nature of the Federal compact.” Withers v. Buckley (1857). That proposal would have taken the policy articulated in the Ordinance of 1784 and made it a constitutional imperative. Some U.S. territories existed only a short time before becoming states, while others remained territories for decades. Most of the discussion at the Constitutional Convention focused on the latter, limiting, portion of the Clause—providing that new states can be carved out of or formed from existing states only with the consent of those existing states. According to Article IV, Section 3 of the U.S. Constitution, only Congress has the ability to authorize the creation of a new state. The Admission to the Union Clause of the United States Constitution, often called the New States Clause, found at Article IV, Section 3, Clause 1, authorizes the Congress to admit new states into the United States beyond the thirteen already in existence at the time the Constitution went into effect.

on what is considered .

The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States; and nothing in this Constitution shall be so construed as to Prejudice any Claims of the United States, or of any particular State.

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