Can a state split itself up without Congress?
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  Can a state split itself up without Congress?
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Author Topic: Can a state split itself up without Congress?  (Read 1055 times)
Blue3
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« on: June 27, 2018, 12:41:50 AM »
« edited: June 27, 2018, 12:58:31 AM by Blue3 »

Can a state split itself up without Congress? Or does it need the explicit approval of Congress? Both West Virginia (the part of Virginia that refused to secede from the union) and Maine (which seems to have been a territory, I think???, in the short time between independence from Massachusetts and admittance as a state as part of the Missouri Compromise) were unusual circumstances.
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Gary J
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« Reply #1 on: June 27, 2018, 05:38:14 AM »

The provision of the US constitution is clear.

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The original state consent for West Virginia to be split off as a new state was given by a rump pro-Union Virginia legislature, representing Union controlled parts of the state. The consent was confirmed by requiring it as a pre-condition for Virginia to be re-admitted to representation in Congress after the war.

Maine was a district of MA before statehood in 1821. It was represented in Congress as part of the MA delegation. I presume the area moved from being part of MA to a state in its own right, with no gap.
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Blue3
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« Reply #2 on: June 27, 2018, 03:28:11 PM »

Or what if a state is split, and the "new" part(s) don't care if they're "only" a territory and have no representation in Congress?
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Karpatsky
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« Reply #3 on: June 27, 2018, 06:35:09 PM »

Texas alone can, but that is only because Congress gave consent in advance.
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The Mikado
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« Reply #4 on: June 27, 2018, 07:40:31 PM »

Texas alone can, but that is only because Congress gave consent in advance.

It's unclear whether or not that's still true or if Texas lost that privilege when it was readmitted to the Union after the Civil War. It'd certainly go to the Supreme Court.
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« Reply #5 on: June 27, 2018, 09:49:41 PM »

Texas alone can, but that is only because Congress gave consent in advance.

It's unclear whether or not that's still true or if Texas lost that privilege when it was readmitted to the Union after the Civil War. It'd certainly go to the Supreme Court.

split texas up but make it so they're all R and send R senators to own the libs
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The Mikado
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« Reply #6 on: June 29, 2018, 11:34:05 AM »

Texas alone can, but that is only because Congress gave consent in advance.

It's unclear whether or not that's still true or if Texas lost that privilege when it was readmitted to the Union after the Civil War. It'd certainly go to the Supreme Court.

split texas up but make it so they're all R and send R senators to own the libs

I don't think you could get five reasonably sized GOP states out of TX. You could settle for a smaller number of states and do that, though.

Or make one super-Dem state and four safe GOP states.
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