U.S. state: Difference between revisions

m
Text replacement - "Civil War" to "Civil War"
 
m (Text replacement - "Civil War" to "Civil War")
 
(4 intermediate revisions by the same user not shown)
Line 27: Line 27:
Historically, the tasks of local [[Law enforcement in the United States#State|law enforcement]], [[Education in the United States|public education]], [[Health care in the United States|public health]], intrastate commerce regulation, and local [[Transportation in the United States|transportation]] and [[infrastructure]], in addition to [[Elections in the United States|local, state, and federal elections]], have generally been considered primarily state responsibilities, although all of these now have significant federal funding and regulation as well. Over time, the Constitution has been amended, and the interpretation and application of its provisions have changed. The general tendency has been toward centralization and [[Incorporation (Bill of Rights)|incorporation]], with the federal government playing a much larger role than it once did. There is a continuing debate over [[states' rights]], which concerns the extent and nature of the states' powers and sovereignty in relation to the federal government and the rights of individuals.
Historically, the tasks of local [[Law enforcement in the United States#State|law enforcement]], [[Education in the United States|public education]], [[Health care in the United States|public health]], intrastate commerce regulation, and local [[Transportation in the United States|transportation]] and [[infrastructure]], in addition to [[Elections in the United States|local, state, and federal elections]], have generally been considered primarily state responsibilities, although all of these now have significant federal funding and regulation as well. Over time, the Constitution has been amended, and the interpretation and application of its provisions have changed. The general tendency has been toward centralization and [[Incorporation (Bill of Rights)|incorporation]], with the federal government playing a much larger role than it once did. There is a continuing debate over [[states' rights]], which concerns the extent and nature of the states' powers and sovereignty in relation to the federal government and the rights of individuals.


The Constitution grants to Congress the authority to [[Admission to the Union|admit new states]] into the Union. Since the establishment of the United States in 1776 by the [[Thirteen Colonies]], the number of states has expanded from the original 13 to 50. Each new state has been admitted on an [[equal footing]] with the existing states.<ref>{{Cite web |title=Doctrine of the Equality of States |url=https://law.justia.com/constitution/us/article-4/15-doctrine-of-the-equality-of-states.html |access-date=September 12, 2019 |website=Justia.com}}</ref> While the Constitution does not explicitly discuss the issue of whether states have the power to [[secede]] from the Union, shortly after the [[American Civil War|Civil War]] (1861–1865), the [[U.S. Supreme Court]], in ''[[Texas v. White]]'', held that a state cannot unilaterally do so.<ref name="PavkovićRadan">{{Cite book |last=Pavković |first=Aleksandar |url={{GBurl|id=-IjHbPvp1W0C|p=222}} |title=Creating New States: Theory and Practice of Secession |last2=Radan |first2=Peter |date=2007 |publisher=Ashgate Publishing |isbn=978-0-7546-7163-3 |page=222 |access-date=March 14, 2018}}</ref><ref>{{Cite web |title=Texas v. White 74 U.S. 700 (1868) |url=https://supreme.justia.com/cases/federal/us/74/700/ |url-status=live |archive-url=https://web.archive.org/web/20160304092022/https://supreme.justia.com/cases/federal/us/74/700/ |archive-date=March 4, 2016 |access-date=January 12, 2016 |publisher=Justia |location=Mountain View, California |df=mdy-all}}</ref>
The Constitution grants to Congress the authority to [[Admission to the Union|admit new states]] into the Union. Since the establishment of the United States in 1776 by the [[Thirteen Colonies]], the number of states has expanded from the original 13 to 50. Each new state has been admitted on an [[equal footing]] with the existing states.<ref>{{Cite web |title=Doctrine of the Equality of States |url=https://law.justia.com/constitution/us/article-4/15-doctrine-of-the-equality-of-states.html |access-date=September 12, 2019 |website=Justia.com}}</ref> While the Constitution does not explicitly discuss the issue of whether states have the power to [[secede]] from the Union, shortly after the Civil War (1861–1865), the [[U.S. Supreme Court]], in ''[[Texas v. White]]'', held that a state cannot unilaterally do so.<ref name="PavkovićRadan">{{Cite book |last=Pavković |first=Aleksandar |url={{GBurl|id=-IjHbPvp1W0C|p=222}} |title=Creating New States: Theory and Practice of Secession |last2=Radan |first2=Peter |date=2007 |publisher=Ashgate Publishing |isbn=978-0-7546-7163-3 |page=222 |access-date=March 14, 2018}}</ref><ref>{{Cite web |title=Texas v. White 74 U.S. 700 (1868) |url=https://supreme.justia.com/cases/federal/us/74/700/ |url-status=live |archive-url=https://web.archive.org/web/20160304092022/https://supreme.justia.com/cases/federal/us/74/700/ |archive-date=March 4, 2016 |access-date=January 12, 2016 |publisher=Justia |location=Mountain View, California |df=mdy-all}}</ref>


==List==
==List==
Line 93: Line 93:
==Background==
==Background==


The 13 original states came into existence in July 1776 during the [[American Revolutionary War]] (1775–1783), as the successors of the [[Thirteen Colonies]], upon agreeing to the [[Lee Resolution]]<ref name="LeeReso">{{Cite web |date=June 7, 2018 |title=Delegate Discussions: The Lee Resolution(s) |url=https://declaration.fas.harvard.edu/blog/dd-lee-resolution |access-date=September 11, 2019 |website=The Declaration Resources Project |series=Course of Human Events |publisher=Harvard Faculty of Arts and Sciences |language=en}}</ref> and signing the [[United States Declaration of Independence]].<ref>{{Cite web |date=November 1, 2015 |title=Declaration of Independence: A Transcription |url=https://www.archives.gov/founding-docs/declaration-transcript |access-date=September 11, 2019 |website=National Archives |language=en}}</ref> Prior to these events each [[State (polity)|state]] had been a [[Kingdom of Great Britain|British]] [[British America|colony]];<ref name=LeeReso/> each then joined the first [[Perpetual Union|Union of states]] between 1777 and 1781, upon ratifying the [[Articles of Confederation]], the first U.S. constitution.<ref name="Zimmerman">{{Cite book |last=Zimmerman |first=Joseph F. |url={{GBurl|id=hDQpHzSrI0QC|p=4}} |title=Interstate Cooperation, Second Edition: Compacts and Administrative Agreements |publisher=SUNY Press |year=2012 |isbn=9781438442365 |pages=4–7 |language=en}}</ref><ref>{{Cite book |last=Jensen |first=Merrill |url={{GBurl|id=pFXLAMC1xtUC|p=184}} |title=The Articles of Confederation: An Interpretation of the Social-Constitutional History of the American Revolution, 1774–1781 |publisher=University of Wisconsin Press |year=1959 |isbn=978-0-299-00204-6 |pages=xi, 184}}</ref> Also during this period, the newly independent states developed their own individual [[State constitution (United States)|state constitutions]], among the earliest written constitutions in the world.<ref>{{Cite web |last=Beeman |first=Richard R. |title=The Constitutional Convention of 1787: A Revolution in Government |url=https://constitutioncenter.org/interactive-constitution/white-pages/the-constitutional-convention-of-1787-a-revolution-in-government |archive-url=https://web.archive.org/web/20190911035217/https://constitutioncenter.org/interactive-constitution/white-pages/the-constitutional-convention-of-1787-a-revolution-in-government |archive-date=September 11, 2019 |access-date=September 11, 2019 |publisher=National Constitution Center}}</ref> Although different in detail, these state constitutions shared features that would be important in the American constitutional order: they were [[Republicanism in the United States|republican]] in form, and separated power among three branches, most had bicameral legislatures, and contained statements, or a bill, of rights.<ref>{{Cite web |title=How the First State Constitutions helped build the Federal Constitution |url=https://www.crf-usa.org/images/pdf/gates/First-States-Constitution.pdf |url-status=live |archive-url=https://web.archive.org/web/20160804040953/https://www.crf-usa.org/images/pdf/gates/First-States-Constitution.pdf |archive-date=August 4, 2016 |access-date=September 21, 2019 |publisher=Constitutional Rights Foundation |pages=10–12}}</ref> Later, from 1787 to 1790, each of the states also ratified a new federal frame of government in the [[Constitution of the United States]].<ref>{{Cite web |date=August 15, 2016 |title=Observing Constitution Day |url=https://www.archives.gov/education/lessons/constitution-day/ratification.html |access-date=September 11, 2019 |website=National Archives |language=en}}</ref> In relation to the states, the U.S. Constitution elaborated concepts of [[federalism in the United States|federalism]].<ref>{{Cite web |last=Barnett |first=Randy E. |last2=Gerken |first2=Heather |date=July 6, 2016 |title=Article I, Section 8: Federalism and the overall scope of federal power |url=https://constitutioncenter.org/blog/article-i-section-8-federalism-and-the-overall-scope-of-federal-power/ |url-status=live |archive-url=https://web.archive.org/web/20220131093637/https://constitutioncenter.org/blog/article-i-section-8-federalism-and-the-overall-scope-of-federal-power/ |archive-date=January 31, 2022 |website=National Constitution Center}}</ref>
The 13 original states came into existence in July 1776 during the American Revolutionary War (1775–1783), as the successors of the [[Thirteen Colonies]], upon agreeing to the [[Lee Resolution]]<ref name="LeeReso">{{Cite web |date=June 7, 2018 |title=Delegate Discussions: The Lee Resolution(s) |url=https://declaration.fas.harvard.edu/blog/dd-lee-resolution |access-date=September 11, 2019 |website=The Declaration Resources Project |series=Course of Human Events |publisher=Harvard Faculty of Arts and Sciences |language=en}}</ref> and signing the [[United States Declaration of Independence]].<ref>{{Cite web |date=November 1, 2015 |title=Declaration of Independence: A Transcription |url=https://www.archives.gov/founding-docs/declaration-transcript |access-date=September 11, 2019 |website=National Archives |language=en}}</ref> Prior to these events each [[State (polity)|state]] had been a [[Kingdom of Great Britain|British]] [[British America|colony]];<ref name=LeeReso/> each then joined the first [[Perpetual Union|Union of states]] between 1777 and 1781, upon ratifying the [[Articles of Confederation]], the first U.S. constitution.<ref name="Zimmerman">{{Cite book |last=Zimmerman |first=Joseph F. |url={{GBurl|id=hDQpHzSrI0QC|p=4}} |title=Interstate Cooperation, Second Edition: Compacts and Administrative Agreements |publisher=SUNY Press |year=2012 |isbn=9781438442365 |pages=4–7 |language=en}}</ref><ref>{{Cite book |last=Jensen |first=Merrill |url={{GBurl|id=pFXLAMC1xtUC|p=184}} |title=The Articles of Confederation: An Interpretation of the Social-Constitutional History of the American Revolution, 1774–1781 |publisher=University of Wisconsin Press |year=1959 |isbn=978-0-299-00204-6 |pages=xi, 184}}</ref> Also during this period, the newly independent states developed their own individual [[State constitution (United States)|state constitutions]], among the earliest written constitutions in the world.<ref>{{Cite web |last=Beeman |first=Richard R. |title=The Constitutional Convention of 1787: A Revolution in Government |url=https://constitutioncenter.org/interactive-constitution/white-pages/the-constitutional-convention-of-1787-a-revolution-in-government |archive-url=https://web.archive.org/web/20190911035217/https://constitutioncenter.org/interactive-constitution/white-pages/the-constitutional-convention-of-1787-a-revolution-in-government |archive-date=September 11, 2019 |access-date=September 11, 2019 |publisher=National Constitution Center}}</ref> Although different in detail, these state constitutions shared features that would be important in the American constitutional order: they were [[Republicanism in the United States|republican]] in form, and separated power among three branches, most had bicameral legislatures, and contained statements, or a bill, of rights.<ref>{{Cite web |title=How the First State Constitutions helped build the Federal Constitution |url=https://www.crf-usa.org/images/pdf/gates/First-States-Constitution.pdf |url-status=live |archive-url=https://web.archive.org/web/20160804040953/https://www.crf-usa.org/images/pdf/gates/First-States-Constitution.pdf |archive-date=August 4, 2016 |access-date=September 21, 2019 |publisher=Constitutional Rights Foundation |pages=10–12}}</ref> Later, from 1787 to 1790, each of the states also ratified a new federal frame of government in the [[Constitution of the United States]].<ref>{{Cite web |date=August 15, 2016 |title=Observing Constitution Day |url=https://www.archives.gov/education/lessons/constitution-day/ratification.html |access-date=September 11, 2019 |website=National Archives |language=en}}</ref> In relation to the states, the U.S. Constitution elaborated concepts of [[federalism in the United States|federalism]].<ref>{{Cite web |last=Barnett |first=Randy E. |last2=Gerken |first2=Heather |date=July 6, 2016 |title=Article I, Section 8: Federalism and the overall scope of federal power |url=https://constitutioncenter.org/blog/article-i-section-8-federalism-and-the-overall-scope-of-federal-power/ |url-status=live |archive-url=https://web.archive.org/web/20220131093637/https://constitutioncenter.org/blog/article-i-section-8-federalism-and-the-overall-scope-of-federal-power/ |archive-date=January 31, 2022 |website=National Constitution Center}}</ref>


==Governments==
==Governments==
Line 152: Line 152:
Under [[Article Four of the United States Constitution|Article IV of the Constitution]], which outlines the relationship between the states, each state is required to give [[Full Faith and Credit Clause|full faith and credit]] to the acts of each other's legislatures and courts, which is generally held to include the recognition of most contracts and criminal judgments, and before 1865, slavery status. Under the [[Extradition Clause]], a state must [[extradition|extradite]] people located there who have fled charges of "treason, felony, or other crimes" in another state if the other state so demands. The principle of [[hot pursuit]] of a presumed felon and arrest by the law officers of one state in another state are often permitted by a state.<ref>{{Cite web |title=Hot Pursuit Law & Legal Definition |url=http://definitions.uslegal.com/h/hot-pursuit |url-status=live |archive-url=https://web.archive.org/web/20141009153622/http://definitions.uslegal.com/h/hot-pursuit/ |archive-date=October 9, 2014 |access-date=October 8, 2014 |publisher=USLegal, Inc.}}</ref>
Under [[Article Four of the United States Constitution|Article IV of the Constitution]], which outlines the relationship between the states, each state is required to give [[Full Faith and Credit Clause|full faith and credit]] to the acts of each other's legislatures and courts, which is generally held to include the recognition of most contracts and criminal judgments, and before 1865, slavery status. Under the [[Extradition Clause]], a state must [[extradition|extradite]] people located there who have fled charges of "treason, felony, or other crimes" in another state if the other state so demands. The principle of [[hot pursuit]] of a presumed felon and arrest by the law officers of one state in another state are often permitted by a state.<ref>{{Cite web |title=Hot Pursuit Law & Legal Definition |url=http://definitions.uslegal.com/h/hot-pursuit |url-status=live |archive-url=https://web.archive.org/web/20141009153622/http://definitions.uslegal.com/h/hot-pursuit/ |archive-date=October 9, 2014 |access-date=October 8, 2014 |publisher=USLegal, Inc.}}</ref>


The full faith and credit expectation does have exceptions, some legal arrangements, such as professional licensure and marriages, may be state-specific, and until recently states have not been found by the courts to be required to honor such arrangements from other states.<ref name="interracial">{{Cite news |last=Adam Liptak |date=March 17, 2004 |title=Bans on Interracial Unions Offer Perspective on Gay Ones |url=https://www.nytimes.com/2004/03/17/us/bans-on-interracial-unions-offer-perspective-on-gay-ones.html?pagewanted=1 |url-status=live |archive-url=https://web.archive.org/web/20170525063730/http://www.nytimes.com/2004/03/17/us/bans-on-interracial-unions-offer-perspective-on-gay-ones.html?pagewanted=1 |archive-date=May 25, 2017 |access-date=February 20, 2017 |work=[[The New York Times]]}}</ref> Such legal acts are nevertheless often recognized state-to-state according to the common practice of [[comity]]. States are prohibited from discriminating against citizens of other states with respect to their [[human rights|basic rights]], under the [[Privileges and Immunities Clause]].
The full faith and credit expectation does have exceptions, some legal arrangements, such as professional licensure and marriages, may be state-specific, and until recently states have not been found by the courts to be required to honor such arrangements from other states.<ref name="interracial">{{Cite news |last=Adam Liptak |date=March 17, 2004 |title=Bans on Interracial Unions Offer Perspective on Gay Ones |url=https://www.nytimes.com/2004/03/17/us/bans-on-interracial-unions-offer-perspective-on-gay-ones.html?pagewanted=1 |url-status=live |archive-url=https://web.archive.org/web/20170525063730/http://www.nytimes.com/2004/03/17/us/bans-on-interracial-unions-offer-perspective-on-gay-ones.html?pagewanted=1 |archive-date=May 25, 2017 |access-date=February 20, 2017 |work=The New York Times}}</ref> Such legal acts are nevertheless often recognized state-to-state according to the common practice of [[comity]]. States are prohibited from discriminating against citizens of other states with respect to their [[human rights|basic rights]], under the [[Privileges and Immunities Clause]].


===With the federal government===
===With the federal government===
Line 194: Line 194:
* Texas, 1845, previously the [[Republic of Texas]]<ref name="StatesShapes" /><ref name=GP/><ref>{{Cite book |last=Holt |first=Michael F. |title=The fate of their country: politicians, slavery extension, and the coming of the Civil War |date=200 |publisher=Hill and Wang |isbn=978-0-8090-4439-9 |location=New York |page=15}}</ref>
* Texas, 1845, previously the [[Republic of Texas]]<ref name="StatesShapes" /><ref name=GP/><ref>{{Cite book |last=Holt |first=Michael F. |title=The fate of their country: politicians, slavery extension, and the coming of the Civil War |date=200 |publisher=Hill and Wang |isbn=978-0-8090-4439-9 |location=New York |page=15}}</ref>
* Vermont, 1791, previously the [[Vermont Republic]] (also known as the [[New Hampshire Grants]] and claimed by New York)<ref name="StatesShapes" /><ref name=GP/><ref>{{Cite web |title=The 14th State |url=https://vermonthistory.org/explorer/vermont-stories/becoming-a-state/the-14th-state |url-status=live |archive-url=https://web.archive.org/web/20151221065839/http://vermonthistory.org/explorer/vermont-stories/becoming-a-state/the-14th-state |archive-date=December 21, 2015 |access-date=April 8, 2016 |website=Vermont History Explorer |publisher=Vermont Historical Society}}</ref>
* Vermont, 1791, previously the [[Vermont Republic]] (also known as the [[New Hampshire Grants]] and claimed by New York)<ref name="StatesShapes" /><ref name=GP/><ref>{{Cite web |title=The 14th State |url=https://vermonthistory.org/explorer/vermont-stories/becoming-a-state/the-14th-state |url-status=live |archive-url=https://web.archive.org/web/20151221065839/http://vermonthistory.org/explorer/vermont-stories/becoming-a-state/the-14th-state |archive-date=December 21, 2015 |access-date=April 8, 2016 |website=Vermont History Explorer |publisher=Vermont Historical Society}}</ref>
* West Virginia, 1863, from [[Restored Government of Virginia|Virginia]] (Trans-[[Allegheny Mountains|Allegheny]] region counties) during the [[American Civil War|Civil War]]<ref name=GP/><ref name=LPQ/><ref>{{Cite web |title=A State of Convenience: The Creation of West Virginia, Chapter Twelve, Reorganized Government of Virginia Approves Separation |url=http://www.wvculture.org/history/statehood/statehood12.html |url-status=live |archive-url=https://web.archive.org/web/20160303173849/http://www.wvculture.org/history/statehood/statehood12.html |archive-date=March 3, 2016 |access-date=April 8, 2016 |website=Wvculture.org |publisher=West Virginia Division of Culture and History}}</ref>
* West Virginia, 1863, from [[Restored Government of Virginia|Virginia]] (Trans-[[Allegheny Mountains|Allegheny]] region counties) during the Civil War<ref name=GP/><ref name=LPQ/><ref>{{Cite web |title=A State of Convenience: The Creation of West Virginia, Chapter Twelve, Reorganized Government of Virginia Approves Separation |url=http://www.wvculture.org/history/statehood/statehood12.html |url-status=live |archive-url=https://web.archive.org/web/20160303173849/http://www.wvculture.org/history/statehood/statehood12.html |archive-date=March 3, 2016 |access-date=April 8, 2016 |website=Wvculture.org |publisher=West Virginia Division of Culture and History}}</ref>


Congress is under no obligation to admit states, even in those areas whose population expresses a desire for statehood. Such has been the case numerous times during the nation's history. In one instance, [[Mormon pioneers]] in [[Salt Lake City]] sought to establish the state of [[State of Deseret|Deseret]] in 1849. It existed for slightly over two years and was never approved by the [[United States Congress]]. In another, leaders of the [[Five Civilized Tribes]] (Cherokee, Chickasaw, Choctaw, Creek, and Seminole) in [[Indian Territory]] proposed to establish the state of [[State of Sequoyah|Sequoyah]] in 1905, as a means to retain control of their lands.<ref name="museum">{{Cite web |year=2005 |title=Museum of the Red River - The Choctaw |url=http://www.museumoftheredriver.org/choctaw.html |url-status=dead |archive-url=https://web.archive.org/web/20090615223442/http://www.museumoftheredriver.org/choctaw.html |archive-date=June 15, 2009 |access-date=August 4, 2009 |publisher=Museum of the Red River |df=mdy-all}}</ref> The proposed constitution ultimately failed in the U.S. Congress. Instead, the Indian Territory and [[Oklahoma Territory]] were both incorporated into the new state of Oklahoma in 1907. The first instance occurred while the nation still operated under the Articles of Confederation. The [[State of Franklin]] existed for several years, not long after the end of the American Revolution, but was never recognized by the Confederation Congress, which ultimately recognized [[North Carolina]]'s claim of sovereignty over the area. The territory comprising Franklin later became part of the Southwest Territory, and ultimately of the state of Tennessee.
Congress is under no obligation to admit states, even in those areas whose population expresses a desire for statehood. Such has been the case numerous times during the nation's history. In one instance, [[Mormon pioneers]] in [[Salt Lake City]] sought to establish the state of [[State of Deseret|Deseret]] in 1849. It existed for slightly over two years and was never approved by the [[United States Congress]]. In another, leaders of the [[Five Civilized Tribes]] (Cherokee, Chickasaw, Choctaw, Creek, and Seminole) in [[Indian Territory]] proposed to establish the state of [[State of Sequoyah|Sequoyah]] in 1905, as a means to retain control of their lands.<ref name="museum">{{Cite web |year=2005 |title=Museum of the Red River - The Choctaw |url=http://www.museumoftheredriver.org/choctaw.html |url-status=dead |archive-url=https://web.archive.org/web/20090615223442/http://www.museumoftheredriver.org/choctaw.html |archive-date=June 15, 2009 |access-date=August 4, 2009 |publisher=Museum of the Red River |df=mdy-all}}</ref> The proposed constitution ultimately failed in the U.S. Congress. Instead, the Indian Territory and [[Oklahoma Territory]] were both incorporated into the new state of Oklahoma in 1907. The first instance occurred while the nation still operated under the Articles of Confederation. The [[State of Franklin]] existed for several years, not long after the end of the American Revolution, but was never recognized by the Confederation Congress, which ultimately recognized [[North Carolina]]'s claim of sovereignty over the area. The territory comprising Franklin later became part of the Southwest Territory, and ultimately of the state of Tennessee.
Line 229: Line 229:
{{Main|Secession in the United States}}
{{Main|Secession in the United States}}


The Constitution speaks of "union" several times, but does not explicitly discuss the issue of whether a state can [[secede]] from the Union. Its predecessor, the [[Articles of Confederation]], stated that the union of the United States "shall be [[Perpetual Union|perpetual]]." The question of whether or not individual states held the unilateral right to secession was a passionately debated feature of the nations' political discourse from early in its history and remained a difficult and divisive topic until the [[American Civil War]]. In 1860 and 1861, 11 southern states each declared secession from the United States and joined to form the [[Confederate States of America]] (CSA). Following the defeat of Confederate forces by Union armies in 1865, those states were brought back into the Union during the ensuing [[Reconstruction era]]. The federal government never recognized the sovereignty of the CSA, nor the validity of the [[ordinances of secession]] adopted by the seceding states.<ref name=PavkovićRadan/><ref name="74700TvW">{{Cite web |title=Texas v. White |url=https://www.law.cornell.edu/supremecourt/text/74/700 |url-status=live |archive-url=https://web.archive.org/web/20180313024759/https://www.law.cornell.edu/supremecourt/text/74/700 |archive-date=March 13, 2018 |access-date=March 14, 2018 |publisher=Legal Information Institute |location=Cornell Law School, Ithaca, New York |df=mdy-all}}</ref>
The Constitution speaks of "union" several times, but does not explicitly discuss the issue of whether a state can [[secede]] from the Union. Its predecessor, the [[Articles of Confederation]], stated that the union of the United States "shall be [[Perpetual Union|perpetual]]." The question of whether or not individual states held the unilateral right to secession was a passionately debated feature of the nations' political discourse from early in its history and remained a difficult and divisive topic until the American Civil War. In 1860 and 1861, 11 southern states each declared secession from the United States and joined to form the [[Confederate States of America]] (CSA). Following the defeat of Confederate forces by Union armies in 1865, those states were brought back into the Union during the ensuing [[Reconstruction era]]. The federal government never recognized the sovereignty of the CSA, nor the validity of the [[ordinances of secession]] adopted by the seceding states.<ref name=PavkovićRadan/><ref name="74700TvW">{{Cite web |title=Texas v. White |url=https://www.law.cornell.edu/supremecourt/text/74/700 |url-status=live |archive-url=https://web.archive.org/web/20180313024759/https://www.law.cornell.edu/supremecourt/text/74/700 |archive-date=March 13, 2018 |access-date=March 14, 2018 |publisher=Legal Information Institute |location=Cornell Law School, Ithaca, New York |df=mdy-all}}</ref>


Following the war, the United States Supreme Court, in ''[[Texas v. White]]'' (1869), held that states did not have the right to secede and that any act of secession was legally void. Drawing on the "[[Perpetual Union|perpetual]]" union language of the Articles of Confederation, and its succeeding [[Preamble to the United States Constitution|Preamble to the Constitution]], which states that the Constitution intends to "form a more perfect union", and speaks of the people of the United States a single body politic who are the authors of the more perfect union ("We the people"), the Supreme Court found that states did not have a right to secede. The court's reference in the same decision to the possibility of such changes occurring "through revolution, or through consent of the States", essentially means that this decision holds that no state has a right to unilaterally decide to leave the Union.<ref name=PavkovićRadan/><ref name=74700TvW/>
Following the war, the United States Supreme Court, in ''[[Texas v. White]]'' (1869), held that states did not have the right to secede and that any act of secession was legally void. Drawing on the "[[Perpetual Union|perpetual]]" union language of the Articles of Confederation, and its succeeding [[Preamble to the United States Constitution|Preamble to the Constitution]], which states that the Constitution intends to "form a more perfect union", and speaks of the people of the United States a single body politic who are the authors of the more perfect union ("We the people"), the Supreme Court found that states did not have a right to secede. The court's reference in the same decision to the possibility of such changes occurring "through revolution, or through consent of the States", essentially means that this decision holds that no state has a right to unilaterally decide to leave the Union.<ref name=PavkovićRadan/><ref name=74700TvW/>
Line 249: Line 249:
Once established, most state borders have, with few exceptions, been generally stable. Only two states, Missouri ([[Platte Purchase]]) and Nevada grew appreciably after statehood. Several of the original states [[State cessions|ceded land]], over a several-year period, to the Federal government, which in turn became the Northwest Territory, [[Southwest Territory]], and [[Mississippi Territory]]. In 1791, Maryland and Virginia ceded land to create the [[District of Columbia]] (Virginia's portion was [[District of Columbia retrocession|returned]] in 1847). In 1850, Texas ceded a large swath of land to the federal government. Additionally, Massachusetts and Virginia (on two occasions), have lost land, in each instance to form a new state.
Once established, most state borders have, with few exceptions, been generally stable. Only two states, Missouri ([[Platte Purchase]]) and Nevada grew appreciably after statehood. Several of the original states [[State cessions|ceded land]], over a several-year period, to the Federal government, which in turn became the Northwest Territory, [[Southwest Territory]], and [[Mississippi Territory]]. In 1791, Maryland and Virginia ceded land to create the [[District of Columbia]] (Virginia's portion was [[District of Columbia retrocession|returned]] in 1847). In 1850, Texas ceded a large swath of land to the federal government. Additionally, Massachusetts and Virginia (on two occasions), have lost land, in each instance to form a new state.


There have been numerous other minor adjustments to state boundaries over the years due to improved surveys, resolution of ambiguous or disputed boundary definitions, or minor mutually agreed boundary adjustments for administrative convenience or other purposes.<ref name="StatesShapes">{{Cite book |last=Stein |first=Mark |title=How the States Got Their Shapes |publisher=HarperCollins |year=2008 |isbn=9780061431395 |location=New York |pages=xvi, 334}}</ref> Occasionally, either Congress or the U.S. Supreme Court has had to settle state border disputes. One notable example is the case ''[[New Jersey v. New York]]'', in which [[New Jersey]] won roughly 90% of [[Ellis Island]] from [[New York (state)|New York]] in 1998.<ref>{{Cite news |last=Greenhouse |first=Linda |date=May 27, 1998 |title=The Ellis Island Verdict: The Ruling; High Court Gives New Jersey Most of Ellis Island |url=https://www.nytimes.com/1998/05/27/nyregion/ellis-island-verdict-ruling-high-court-gives-new-jersey-most-ellis-island.html?pagewanted=all&src=pm |url-status=live |archive-url=https://web.archive.org/web/20121115211230/http://www.nytimes.com/1998/05/27/nyregion/ellis-island-verdict-ruling-high-court-gives-new-jersey-most-ellis-island.html?pagewanted=all&src=pm |archive-date=November 15, 2012 |access-date=August 2, 2012 |work=[[The New York Times]] |df=mdy-all}}</ref>
There have been numerous other minor adjustments to state boundaries over the years due to improved surveys, resolution of ambiguous or disputed boundary definitions, or minor mutually agreed boundary adjustments for administrative convenience or other purposes.<ref name="StatesShapes">{{Cite book |last=Stein |first=Mark |title=How the States Got Their Shapes |publisher=HarperCollins |year=2008 |isbn=9780061431395 |location=New York |pages=xvi, 334}}</ref> Occasionally, either Congress or the U.S. Supreme Court has had to settle state border disputes. One notable example is the case ''[[New Jersey v. New York]]'', in which [[New Jersey]] won roughly 90% of [[Ellis Island]] from [[New York (state)|New York]] in 1998.<ref>{{Cite news |last=Greenhouse |first=Linda |date=May 27, 1998 |title=The Ellis Island Verdict: The Ruling; High Court Gives New Jersey Most of Ellis Island |url=https://www.nytimes.com/1998/05/27/nyregion/ellis-island-verdict-ruling-high-court-gives-new-jersey-most-ellis-island.html?pagewanted=all&src=pm |url-status=live |archive-url=https://web.archive.org/web/20121115211230/http://www.nytimes.com/1998/05/27/nyregion/ellis-island-verdict-ruling-high-court-gives-new-jersey-most-ellis-island.html?pagewanted=all&src=pm |archive-date=November 15, 2012 |access-date=August 2, 2012 |work=The New York Times |df=mdy-all}}</ref>


Once a [[Territories of the United States|territory]] is admitted by Congress as a state of the Union, the state must consent to any changes pertaining to the jurisdiction of that state and Congress.<ref>Article IV, Section 3, Constitution of the United States</ref> The only potential violation of this occurred when the legislature of [[Virginia]] declared the [[Confederate States of America|secession of Virginia]] from the United States at the start of the [[American Civil War]] and a newly formed alternative Virginia legislature, recognized by the federal government, consented to have [[West Virginia]] secede from Virginia.
Once a [[Territories of the United States|territory]] is admitted by Congress as a state of the Union, the state must consent to any changes pertaining to the jurisdiction of that state and Congress.<ref>Article IV, Section 3, Constitution of the United States</ref> The only potential violation of this occurred when the legislature of [[Virginia]] declared the [[Confederate States of America|secession of Virginia]] from the United States at the start of the American Civil War and a newly formed alternative Virginia legislature, recognized by the federal government, consented to have [[West Virginia]] secede from Virginia.
{{further|How the States Got Their Shapes}}
{{further|How the States Got Their Shapes}}