Posted on 08/21/2013 9:20:25 AM PDT by kevcol
The Adirondack Republic
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in Alliance with the Republic of Western NY
Are you cereal?
Unfortunately, that’s a non-starter. In one of the worst federal court decisions of all time (yes, down there with Roe v. Wade, Dred Scott, and Wickard v. Filburn), Reynolds v. Sims, the SCOTUS held that state constitutions that apportion representation in the upper house of a legislature in accord with the same wisdom the Founders applied in the Senate violate the Federal Constitution (presumably the 14th Amendment).
All the states are formally were called “Commonwealths” — Pennsylvania, Virginia and Massachusetts — as well as some others (Alabama, for instance, where the suite in Reynolds v. Sims arose) had upper houses with one member per county (town in the case of MA) until 1964 when the Warren court decreed they couldn’t.
How would you simplify it?
While I agree with you...I must ask, since when has the Constitution gotten in anybody’s way these past few years?
I didn’t suggest giving up. I just wanted to point out that becoming a new state is not just up to the people in that area. There is precedent for a part of a state separating when one part doesn’t agree with the path the state’s going. West Virginia separated from Virginia during the Civil War. Although that was relatively easy since the legislature of Virginia was for all intents and purposes at the time, the legislature of a foreign country. And the Congress at the time was all for the separation.
I've never seen that in any liberal. They all seem to want one giant single government to control everything.
Breaking up states into smaller, more autonomous groups that had more local power would make that more difficult.
My rule would be something like:
If 75% of the people in connected geographic area with a population that exceeds that of the least populated state wish to make their own state, they should have that right without needing permission from the parent state or states.
All of upstate NY wants to do this, just look at all the counties that want to repeal the NY gun control act. Many upstate senators have called to succeed
The current rules in the constitution make it too difficult.
I was referencing their frustration with the constitution restricting their desires. I am happy with our Constitution and want it to be the controlling document. I don't want attempts to modify it outside the rules set in place for amendments.
Ever been to NE Colorado? Those city rats won’t find much there, and won’t hang around long when they realize there’s probably not a Starbucks in the whole area.
When I lived in that area in the 70s, someone started the rumor that the moon landings had been faked in Weld County. It’s stupid, but you can see where some nut got the idea. Open range, Pawnee National Grasslands, miles and miles of nothing but sagebrush, prairie dogs, and rattlesnakes, and smack in the middle of the Hail Belt.
Still, strikingly beautiful place, as are adjacent parts of western Nebraska and southeast Wyoming (who once longed to secede as “Wyobraska”). If it succeeds, North Colorado will tolearate no fools, and won’t need walls to keep them out.
“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.”
Reynolds v. Sims, 377 U.S. 533 (1964) would preclude the effectiveness of that possibility.
The problem with that is that the rest of the state also has interests that need protection. Requiring the approval of the state legislature forces the two sides to negotiate a separation that is fair to both. Requiring the approval of Congress is necessary because only Congress has the power to admit a state.
Don’t assume that the Colorado legislature wouldn’t go along with this. Like many rural states with one large urban area, the left-leaning Denver metro area along with the more mixed front range communities (and the flat-out communists in the Peoples Republik of Boulder) might agree there’s no room in their world for Bible-clinging, gun-toting farmers, ranchers, and small-town hicks from out in the boonies who “don’t get it” anyway.
Funny how the usual suspects haven’t descended upon this thread to stamp their feet about the evils of secession.
You don’t suppose that their real motivation has little to do with secession and more to do with hating one of the oldest American cultures do you?
There ya go! Lets see what all the folks who bash Zero for his annoyance of the Constitution will have to say about this little gem of a statement from the Constitution. Many will try to rationalize it away.
Of all the states that could use division, my state, Washington is one. Every single county East of the Cascade Mountains went Romney, all counties West of the Cascades went for ZERO. About 15 years ago, there was a movement that wanted to do what the Colorado citizens are proposing, but the Washington folks saw the folly of their exercise.
What interests are those? And if forced to choose between the interests of the state, and the interests of half a million people that need the power to solve their own problems, I'm going to side with the people.
The state serves the interests of the people and not the other way round.
Q. Can States be created from existing States?
A. See West Virginia. Also see D.C. Statehood movement.
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