Admission to the Union

Admission to the Union describes the process by which new states are added to the United States of America. The admission process is outlined in the United States Constitution (article 4, section 3, clause 1). The original thirteen colonies became states on July 4, 1776, when the Second Continental Congress adopted the Declaration of Independence and asserted the sovereignty of the newly formed United States. However, the date of admission to the Union of the original thirteen states is typically recorded as the date that each state ratified the US Constitution. In addition to the original thirteen states, thirty-seven other states have joined the Union. The United States also regulates regions called territories, such as Guam and Puerto Rico, which could apply to become states in the future.

Overview

According to the US Constitution (article 4, section 3, clause 1), "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."

In most cases of statehood, the majority of people living in a US territory have signaled their wish to become a state through a referendum and then appealed to the US Congress. Congress then passed an enabling act, which outlined the process by which the territory’s residents could draft a state constitution and apply for statehood. The enabling acts for certain proposed states have included particular stipulations; for example, Congress required the prohibition of polygamy in the enabling acts for the formation of Utah, Arizona, New Mexico, and Oklahoma, which had high populations of Mormons.

Following the passage of an enabling act, the territory then presents a draft of the state constitution to Congress, which may then request changes prior to admitting the state to the Union. A number of territories have presented state constitutions to Congress without an enabling act and were subsequently admitted to the union. Congress can also ignore or deny a request to become a state, as it did in 1905 regarding the Sequoyah statehood bill, which sought to establish a state from Indian Territory separate from Oklahoma Territory. Therefore, even if the majority of a territory’s population has requested statehood, Congress does not have an obligation to admit the territory to the Union. Furthermore, six states were never part of a US territory prior to achieving statehood: Kentucky, Maine, and West Virginia were set off from preexisting states; Texas and Vermont were sovereign republics; and California was formed from unorganized land.

Throughout US history, there have been many debates about how large a state should be and what to do about larger states having more economic or political power than smaller states. Additionally, new states worried that they would be treated differently than older states. This gave rise to what was called the "equal footing" doctrine, which means that new states have the same rights as older states. Since Tennessee achieved statehood in 1796, each state’s act of admission has included a clause that says the state is "on an equal footing with the original States in all respects."

The most recent states to be admitted to the union are Alaska (January 1959) and Hawaii (August 1959). To join the union, each state held a referendum vote. In Hawaii, 93 percent of voters voted in support of the Admissions Act of 1959, which requested statehood for the Territory of Hawaii. After this vote, the US Congress voted on Hawaii’s statehood. Most members of the US Congress were excited at the opportunity to expand the United States, while others worried about the demographic differences between Hawaiians and mainland Americans.

Some Native Hawaiians also protested the process of becoming a state. Their argument had two parts: that the United States did not have a legitimate claim to Hawaii and that Hawaiians would become an ethnic minority and face new types of discrimination if the islands achieved statehood. Despite these objections, as the Admissions Act became law on March 18, 1959, and Hawaii was admitted to the union on August 21, 1959.

Contemporary Statehood Movements

The United States still holds unincorporated territories: American Samoa, Guam, Puerto Rico, the Northern Mariana Islands, and the US Virgin Islands. Most residents of these territories are US citizens, but their rights are not the same as residents of a US state. For example, residents of US territories cannot vote in presidential elections. Additionally, a territory can only appoint a nonvoting delegate to the US Congress. People born in American Samoa are the only US nationals who are not granted US citizenship at birth.

The United States holds the District of Columbia, a federal district that is not a state and is under the direct control of Congress. This district was formed in 1790 from land given by Maryland and Virginia to create a space for the national capital. Some residents of the District of Columbia have argued that the district should become an independent state or that the district should be incorporated into Maryland. By joining or becoming a state, the District of Columbia would gain voting representation in the US Congress and the ability to better regulate taxes, school districts, and public transportation. However, doing so would require a vote first by residents of the District of Columbia and then passage of an enabling act by Congress.

In November 2012, Puerto Rico held a referendum vote on becoming a state. The majority of Puerto Rican voters were in favor of statehood, and the Legislative Assembly of Puerto Rico requested to be admitted to the union. Many politicians, including President Barack Obama, spoke in favor of Puerto Rico’s statehood. However, resolutions submitted to the US Congress regarding Puerto Rican statehood died in committee. Several reasons have delayed Puerto Rico’s admission, including concerns about differences in language and culture between the territory and the mainland United States.

Bibliography

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Cottle, Amber L. "Silent Citizens: United States Territorial Residents and the Right to Vote in Presidential Elections." University of Chicago Legal Forum 1995.1 (1995): 315–38. Web. 3 Aug. 2016.

Immerwahr, Daniel. "The Greater United States: Territory and Empire in US History." Diplomatic History 40.3 (2016): 373–91. Web. 3 Aug. 2016.

Kauanui, J. Kēhaulani. "Imperial Ocean: The Pacific as a Critical Site for American Studies." American Quarterly 67.3 (2015): 625–36. Print.

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Whitehead, John S. Completing the Union: Alaska, Hawai’i and the Battle for Statehood. Albuquerque: U of New Mexico P, 2004. Print.