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Elizabeth Jo

๐Ÿ‘ค Speaker
430 total appearances

Appearances Over Time

Podcast Appearances

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

And the clause also mentions territories, which is interesting, too, because many of our states have become states after having been a territory first, like Alaska or Hawaii.

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

And even though the admissions clause doesn't require it, Congress has sometimes required a proposed state to meet some conditions before it's allowed to become a state.

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

Do you know about the condition that Utah had to agree to for becoming a state?

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

Well, no polygamy, right?

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

So the Enabling Act by Congress that allowed Utah to become a state actually required the state to ban polygamy.

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

And what's even more interesting is that Utah is not allowed by the terms of its own constitution to allow polygamy unless not just Utah, but Congress agree.

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

In other words, Congress was so worried that the state might just go crazy with polygamy.

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

They were like, you can't even change your state constitution unless we let you on this subject.

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

So Congress can definitely do that.

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

If there's something that they don't like about a proposed state, they can say you're not allowed to be a member of the club unless you do this particular thing.

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

So hypothetically, if we were to do something like, you know, annex Greenland, not endorsing the idea, but if we were to do that, presumably the path would be Congress would give it the status of an American territory first.

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

Right.

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

Which gives it free reign to regulate the territory under the property clause.

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

And then maybe it would become a state eventually.

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

And if it did so, it could certainly require Greenland to enter into some kind of agreement that they would not do something or do something affirmatively in order to become a state.

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

Although we certainly have territories like Puerto Rico, of course, that have remained a territory for a very long time, even though there are

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

Certainly lots of folks who would like to see Puerto Rico become the 51st state.

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

So this is the part of the Constitution that kind of sets the ground rules for when a territory or an acquired piece of land can join the United States.

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

Yeah, essentially, it's kind of left up to Congress to make the political decisions about what to do.

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

And I can't even think of what would be objectionable in Greenland's culture that Congress might impose conditions.