Admission of New States
Clause 1. Admission of New States to Union
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.
Admission of New States and the U.S. Constitution
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This text about Admission of New States is based on “The Constitution of the United States of America: Analysis and Interpretation”, published by the U.S. Government Printing Office.
Notes
Judicial Proceedings Pending on Admission of New States
Whenever a territory is admitted into the Union, the cases pending in the territorial court that are of exclusive federal cognizance are transferred to the federal court having jurisdiction over the area; cases not cognizable in the federal courts are transferred to the tribunals of the new state, and those over which federal and state courts have concurrent jurisdiction may be transferred either to the state or federal courts by the party possessing the option under existing law.285 Where Congress neglected to make provision for disposition of certain pending cases in an enabling act for the admission of a state to the Union, a subsequent act supplying the omission was held valid.286 After a case, begun in a United States court of a territory, is transferred to a state court under the operation of the enabling act and the state constitution, the appellate procedure is governed by the state statutes and procedures.287
Admission of New States and the U.S. Constitution
The new state, without the express or implied assent of Congress, cannot enact that the records of the former territorial court of appeals should become records of its own courts or provide by law for proceedings based thereon.288
Admission of New States: Developments
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References
This text about Admission of New States is based on “The Constitution of the United States of America: Analysis and Interpretation”, published by the U.S. Government Printing Office.
Notes
[Footnote 1] Baker v. Morton, 79 U.S. (12 Wall.) 150, 153 (1871).
[Footnote 2] Freeborn v. Smith, 69 U.S. (2 Wall.) 160 (1865).
[Footnote 3] John v. Paullin, 231 U.S. 583 (1913).
[Footnote 4] Hunt v. Palao, 45 U.S. (4 How.) 589 (1846). Cf. Benner v. Porter, 50 U.S. (9 How.) 235, 246 (1850).
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