Can the SCOTUS undo DC statehood? (user search)
       |           

Welcome, Guest. Please login or register.
Did you miss your activation email?
June 06, 2024, 08:16:09 AM
News: Election Simulator 2.0 Released. Senate/Gubernatorial maps, proportional electoral votes, and more - Read more

  Talk Elections
  General Discussion
  Constitution and Law (Moderator: Okay, maybe Mike Johnson is a competent parliamentarian.)
  Can the SCOTUS undo DC statehood? (search mode)
Pages: [1]
Author Topic: Can the SCOTUS undo DC statehood?  (Read 1033 times)
brucejoel99
Atlas Icon
*****
Posts: 19,952
Ukraine


Political Matrix
E: -3.48, S: -3.30

« on: September 28, 2020, 12:48:56 PM »

Wasn’t it mentioned somewhere that statehood cannot be revoked for any state unless the state wanted that?

If the Court were to just straight-up find that the granting of statehood in & of itself was unconstitutional, then that would be the end of that, previous precedent be damned.
Logged
brucejoel99
Atlas Icon
*****
Posts: 19,952
Ukraine


Political Matrix
E: -3.48, S: -3.30

« Reply #1 on: September 28, 2020, 03:47:07 PM »

Wasn’t it mentioned somewhere that statehood cannot be revoked for any state unless the state wanted that?

If the Court were to just straight-up find that the granting of statehood in & of itself was unconstitutional, then that would be the end of that, previous precedent be damned.
Isn’t unconstitutional to remove a state, or was that just a norm?
It is unconstitutional to remove a state if they are rightfully a state, but if they were never really a state in the first place their statehood could be revoked. Some really hardcore originalists have argued that West Virginia is not "really" a state, for instance.

Didn't Barrett herself basically say that, except for West Virginia she thinks its statehood is such a 'superprecedent' that the Court can't and shouldn't overturn it. A factor which wouldn't apply with DC statehood.

She did co-author a piece which noted that there are originalist arguments to think that WV was invalidly admitted as a state (among other weird conclusions), yes, but to be fair to her, the paper didn't accept those conclusions except for the sake of the hypothetical argument therein.
Logged
Pages: [1]  
Jump to:  


Login with username, password and session length

Terms of Service - DMCA Agent and Policy - Privacy Policy and Cookies

Powered by SMF 1.1.21 | SMF © 2015, Simple Machines

Page created in 0.025 seconds with 12 queries.