The Essentials of American Constitutional LawThorpe, Francis Newton
History
The Essentials of American Constitutional Law
Thorpe, Francis Newton
Constitutional law -- United States
128. The admission of a new State into the Union is a political act
exclusively within the power of Congress, save that no new State shall
be erected within the jurisdiction, or by the conjunction, of States or
parts of States, without the consent of the Legislatures of the States
concerned, as well as of Congress.[337] This entire act is exclusively
political, but the State once admitted into the Union comes within the
jurisdiction of the United States as the Constitution provides.[338]
The State thus admitted becomes entitled to and possesses all rights
of sovereignty and dominion,—that is, rights of jurisdiction, which
belonged to the original States.[339]
129. The act enabling the inhabitants of a Territory to adopt a
constitution and become a State in the Union usually prescribes that
the proposed constitution and government shall be republican in form,
shall make no distinction in civil or political rights on account
of race or color, shall not be repugnant to the Constitution of the
United States, or to the principles of the Declaration of Independence,
and shall comply with such conditions as Congress at the time may
propose.[340] On June 16, 1906, Congress passed an enabling act under
which, four years later, Arizona sought admission into the Union.
The new constitution submitted to Congress provided for state-wide
recall of State officials. To this provision Congress objected and
made the admission of the Territory conditional upon the amendment of
its proposed constitution by eliminating the objectionable provision.
Arizona complied with the congressional condition and was admitted;
thereupon speedily amended its constitution by re-inserting the
objectionable clauses. Congress has no power to impose conditions,
clauses, or provisions upon the constitution of a State; yet, a
provision of a State constitution in conflict with the Constitution of
the United States is null and void.[341]
130. As the Union is an indestructible Union of indestructible States,
it is a principle of American constitutional law: once a State, always
a State. The inhabitants of a Territory having been erected by Congress
into inhabitants of a State, territorial jurisdiction, created by act
of Congress ceases, and State jurisdiction exists. It is this State
jurisdiction in the Union which is indestructible, which can neither
be extended, nor diminished by Congress. The equality and equivalency
of the States in the Union is a fundamental in American constitutional
law. The jurisdiction of a Territory differs from that of a State as a
governed differs from a self-governing community.
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