I have a question for you legal experts out there: Can a state be expelled from the Union? If so, what's the process?

Erwin Wiley

Santa Fe

Locations

(11) comments

Jim Forsythe


Erwin , at this time the answer would be no, but a amendment could make it possible. You would have to have the state in question be a part of the 3/4
of states ratifying the amendment. At that point, the expulsion becomes consensual.

This is what we have now.
There is no provision in the Constitution for expelling a state. So the answer is it is not possible (legally speaking). In addition, kicking out the State would deprive every resident thereof equal protection of the Federal Laws which violates the 14 th amendment
The first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate.
Denying a state representation in the Senate – which is what states are guaranteed by virtue of being states
.

Brian Tamney

So we just have to wait till California falls into the ocean, dang.

Claudia Burnam

Brian, just how in the h**l did you know I was thinking of California??????


Carlos Ponce

You mean.....California is still part of the Union???? The way they disregard American law makes one wonder. When Jerry Brown (AKA Moonbeam) asked President Trump for funding after the fires I thought he was asking for foreign aid.[wink]

Cary Semar

I assume you are referring to the slew of lawsuits in progress between the Trump administration and California. One of the issues is whether the Federal government can threaten to withhold Federal funding for Federal programs affecting the state in order to pressure the state into changing its policy in some respect. How you feel about this tactic probably depends more on which side of the issue you stand than any ethical considerations. It is a two edged sword, i.e. it cuts both ways.

Claudia Burnam

E G Wiley not Claudia

Carlos Ponce

No, not referring to the "slew of lawsuits".

Bailey Jones

I don't see why not - we can divest ourselves of territories. Individual states aren't enumerated in the constitution. The only question is, is Texas - with all it's "SECEDE" bumper stickers - treasonous enough to expel?

Carlos Ponce

No, it's not " treasonous enough to expel". "SECEDE" bumper stickers - It's called Freedom of Speech.

Michael Byrd

Uh... bumper stickers fall under 1st Amendment Protection.

Brian Tamney

Cary semar, isnt that exactly what the federal government did when it forced states to raise the drinking age to 21. Withheld federal highway funds until they complied.

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