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J Nagarya
LegalEagle
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Comments by "J Nagarya" (@jnagarya519) on "Can Texas Really Secede From The Union - National Divorce?" video.
In fact, after the Founders wrote the Constitution, and it was ratified, the original 13 states -- in which the Founders were resident -- had to formally petition the Congress for admission into the Union the Founders had established. And the "Northwest Territory" statute provides the details of what is required of a territory to become a state, and to then become a member of the Union. Among those details: it must have a republican form of gov't, and enact a constitution that passes Congressional muster.
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But when Hawaii decided it want to be a member of the Union, it had to petition CONGRESS for PERMISSION. AND it had to meet the criteria already established BY CONGRESS. Just one of the criteria is that the state must adopt a constitution that meets the requirements established by the Constitution and the Congress. For a simple reason: the FEDERAL gov't, the UNION, is SUPREME over all the SUBORDINATE states. State authority IS NOT EQUAL TO OR GREATER than that of the UNION, than of the FEDERAL Constitution and gov't.
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In order for a state to join the Union, the Union in Congress must approve. Theoretically, therefore, Congress can kick states out. But secession is unconstitutional. See both Constitution and Lincoln.
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