Diverse ways of admitting new states to the Union?

Question

Admission of new states into the United States must be consistent with Article IV, Section 3 of the Constitution, but that leaves some discretion to Congress in a number of matters. What were the different ways of proceeding and which states were admitted according to which processes?

Answer 1

The admission of new states into the United States can occur through various processes, as outlined in Article IV, Section 3 of the Constitution. Over time, different methods have been used to admit states. Here are the main processes and some examples of states admitted under each:

1. Enabling Act and State Constitution:

Under this process, Congress passes an enabling act that authorizes residents of a territory to draft a state constitution. Once the constitution is approved by the residents and Congress, statehood is granted.

Example: Arizona and New Mexico were admitted as states in 1912 following this process.

2. Simple Majority Act:

Congress may pass an act admitting a territory as a state based on a simple majority vote without requiring a specific enabling act or territorial constitution.

Example: Hawaii was admitted as a state in 1959 through a simple majority act.

3. Joint Resolution:

Congress can admit a state through a joint resolution, which is a formal legislative measure passed by both the House of Representatives and the Senate.

Example: Texas was admitted as a state in 1845 through a joint resolution.

4. Treaty:

In certain cases, an international treaty can be used to admit a new state into the Union. This process is less common and generally applies to territories acquired through diplomatic negotiations or wars.

Example: The Treaty of Guadalupe Hidalgo in 1848 ended the Mexican-American War and led to the admission of several states, including California, Nevada, Utah, Arizona, and parts of Colorado, Wyoming, New Mexico, and Texas.

It's important to note that while these processes provide a general framework, the specific details and requirements for statehood can vary for each situation and may involve additional considerations and negotiations between the territory and Congress.