Could the USA "kick" a State out?
Could the USA "kick" a State out?
A loud minority of Texans call for Independence, which is not really possible as far as I know, BUT could the Rest of the USA just kick another state (Not necessary Texas) out? Or is this also not possible?
The US Constitution currently has no mechanism to break any individual State out of the Union. Throughout our history, this has been interpreted as a sign that the Union is perpetual, and not able to be dissolved. This got put to the test in our Civil War, where a bunch of states up and said "We're Leaving" and the Federal Government said "You can't just do that". They fought a war over it, and the Federal Government won, proving its position correct by force.
With that said, the US was founded as a government of the People, and so if the people want to carve out a way for States to leave, they must first establish a mechanism via amending the Constitution, which requires a 2/3 vote in both houses of Congress (or a Constitutional Convention) coupled with 3/4 of State Legislatures ratifying it.
There is a provision, though, to make States out of other States. Maine and West Virginia were both formed out of land that belonged to Massachusetts and Virginia.
Wonder though, does that mean states can combine?
Actually, yes, but that has never happened.
It's laid out very explicitly in the COTUS (Article IV, Section 3, Clause 1):
The funny thing is that during the civil war, West Virginia seceded from Virginia, and Congress voted to allow it and they were accepted into the union. There are a lot of people who argue that when that happened it was unconstitutional. However, it has never been tested, as far as I know.
You could just pass an amendment...
But specifically for kicking a state out I don't think the bar is that high. If the legislature and executive agreed then it could be done very quickly.
Oh, but there are all sorts of details to work out....
There's a lot to iron out. The Brits got screwed with Brexit, and they weren't even leaving a country.
No lol your second statement is literally just wrong. The only way to do anything like this would be through an Amendment, which equated to literally changing the rules bc the current rules do not allow for it.
"Just" passing an amendment requires more than 75% of states to ratify the amendment. So even if all of Congress decided nuts to Delaware, we're moving them out, it would still go to the state of legislatures to be formalized
Eh. They just leave. Not being prohibited to do so isn't the same as not being allowed to, that's why they had a war last time. There is a very strong argument that Abraham Lincoln was a war criminal, he just wasn't philosophically wrong and also won.
What are you trying to say?