Can a US State Reduce Its Borders?

Discussion in 'Political Opinions & Beliefs' started by Longshot, May 23, 2018.

  1. Longshot

    Longshot Well-Known Member

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    There is no prohibition in the constitution on a state pulling in its borders.
     
  2. Texan

    Texan Well-Known Member

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    Federal and state citizenship have different meanings and responsibilities. States have different taxes, gun rights, crime definitions, utilities, etc...... The feds are responsible for the border. That's why they control passports and visas.
     
  3. perotista

    perotista Well-Known Member Past Donor

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    Check out Article IV Section 3.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 Congress.

    That doesn't mention reducing a border. But if Pennsylvania wanted to reduce their size, Pennsylvania's legislature would have to agree, then whichever state that would acquire the territory Pennsylvania is reducing would also have to have their state legislature agree and then congress would act and have to also agree.

    That's how I read it. But bear in mind, I'm about the farthest away from being a Constitutional Lawyer as possible.
     
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  4. Seth Bullock

    Seth Bullock Well-Known Member Past Donor

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    I'm sure a division of a state into two states is legal through an act of Congress and with the consent of the people of that state.
     
  5. Longshot

    Longshot Well-Known Member

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    Who said anything about a new state being admitted to the union?
     
  6. Belch

    Belch Well-Known Member

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    Yeah, so the distinction isn't all that much different from resident. A citizen of the united states much different from a citizen (according to that ruling) of Louisiana. That reads more like it was a way of giving former slaves the same rights that citizens have under the 14th amendment which had recently been ratified prior to that ruling.
     
  7. garyd

    garyd Well-Known Member

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    A US territory still get to vote in National elections but it's officials are appointed by the feds. Please note protectorates and territories have different rules.
     
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  8. perotista

    perotista Well-Known Member Past Donor

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    That is what the constitution says. Actually no one. But if Pennsylvania was to reduce its size according to the Constitution, Pennsylvania state legislature would have to approve. The area or territory being reduced would have to go somewhere, another state which that other state would also have to approve the addition. No new state, I haven't the faintest idea where you got that. Congress then would have to approve the reduction. Quite simple actually if one doesn't read into it.
     
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  9. MissingMayor

    MissingMayor Well-Known Member

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    There is nothing preventing or allowing it at the national level. In any event, I laid out the minimum requirements. State Constitutional Convention, Act of Congress, President's signature, and some successful Supreme Court decisions.
     
    Last edited: May 23, 2018
  10. Longshot

    Longshot Well-Known Member

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    Not constitutionally required.
     
  11. MissingMayor

    MissingMayor Well-Known Member

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    Perotista's thread seems to point out that precisely.
     
  12. kazenatsu

    kazenatsu Well-Known Member Past Donor

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    The U.S. Constitution doesn't explicitly say anything specifically about a state reducing its borders. But that might leave the people living in the unclaimed territory in a state of limbo.

    Also, it's possible the Fourteenth Amendment might be interpreted to prevent a state from pulling out and not subjecting those people to its legal protection.
     
    Last edited: May 23, 2018
  13. ronv

    ronv Well-Known Member

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    Congress set the borders when the state entered the union.
    If two states want to move them they need to agree and ask congress for approval.
     
  14. ronv

    ronv Well-Known Member

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    Article IV, Section 3, Clause 1 of the US Constitution states: New States may be admitted by the Congress into this Union; but no new States 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.

    So, it would depend on how they were changing their border, whether they were taking land from somewhere else, or cutting land out of the state. If they were doing the latter, say for example, if the state of Oklahoma for some reason wanted to no longer have the panhandle be part of the state, the state legislature and the US Congress would have to approve it, and Congress would then be in charge of deciding what to do with the land no longer part of the state.

    https://www.quora.com/How-do-the-US-states-change-their-borders-Who-is-in-charge-of-this
     

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