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To: 4ConservativeJustices
On the contrary, read the article again:

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.

Changes to the existing states require the consent of Congress. If North and South Dakota wanted to combine into a single state, then that would entail the removal of a state from the Union and that would require congressional approval. If California decided to split into two then that would mean the removal of one state and the creation of two new ones. That, too, would require congressional approval. The approval for any change in status of a state is a power reserved to the United States and not a power granted the states by the 10th Amendment. The consent of the other states is required for entry into the Union, it is required for any change in status while in the Union, clearly it should be required for leaving the Union as well.

1,152 posted on 11/22/2002 5:27:14 AM PST by Non-Sequitur
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To: Non-Sequitur

Changes to the existing states require the consent of Congress.

No.  Only the additions of new states require consent - the secession of a state does not require consent.

If North and South Dakota wanted to combine into a single state, then that would entail the removal of a state from the Union and that would require congressional approval.

The removal of the state does not require approval, only the addition of the new state.

If California decided to split into two then that would mean the removal of one state and the creation of two new ones. That, too, would require congressional approval.

There is nothing within the Constitution that authorizes Congress the power to deny a state to divest state lands.   The states of Virginia and Georgia both reduced their state boundaries without Congressional approval being necessary.   A territory may petition for admission, and become a state upon admission, but the Constituition is lacking delegated power to prevent a state from reducing it's boundaries.

The approval for any change in status of a state is a power reserved to the United States and not a power granted the states by the 10th Amendment.

Not "any" change - just the creation of a new states. 

The consent of the other states is required for entry into the Union, it is required for any change in status while in the Union, clearly it should be required for leaving the Union as well.

Again, not "any" change - just the creation of a new states.   

"The power of Congress in respect to the admission of new States is found in the third section of the fourth Article of the Constitution. That provision is that "new States may be admitted by the Congress into this Union." The only expressed restriction upon this power is that no new State shall be formed within the jurisdiction of any other State, nor by the junction of two or more States, or parts of States, without the consent of such States, as well as of the Congress."

"The power is to admit 'new states into this Union.'"

Justice Lurton, Coyle v. Smith, 221 US 559 (1911)

 

1,182 posted on 11/22/2002 2:37:59 PM PST by 4CJ
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