Congress has the power to create new states and the bar is not high, at least according to the constitution:
“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.”
That’s it. In practice, things have been more complex. Several statehood applications have been rejected. Sequoia would have been a state, basically to give statehood to Native American tribes in what is now Oklahoma. Deseret would have been a state encompassing much of the inter-mountain west but was likewise never approved by congress.
Congressional approval of statehood requires only a simple majority vote, no supermajorities, no participation by other state legislatures, just a simple majority vote in congress. Of course, the president could veto the enabling legislation which would require an override vote requiring two-thirds majorities in both bodies.
In the past, the Republican and Democratic parties have worked to some degree to compromise on objectives but in our current political environment that doesn’t seem to be the case. So why a discussion of statehood now? Raw political power, in particular control of the majority in the Senate.
Currently, a minority of voters in this country wield power over the majority. This is an undeniable fact of our electoral system. The current administration received about three million fewer votes than the opponents in 2016 and the current elected majority in the US Senate represent about seventeen million fewer voters than are represented by minority members.
I’ve done no polling but I don’t think it’s a stretch to believe that most in the United States truly believe in democracy. It is a simple concept: everybody gets a vote and each of those votes is worth the same. Current polls show a majority favor abandoning the electoral college, up from polling in the past.
Currently, a minority of voters in this country wield the power over the majority. This is an undeniable fact of our electoral system. President Trump received about three million fewer votes than Clinton in 2016 and the current elected majority in the US Senate received about seventeen million fewer votes than were received by the minority.
If new states were created such as Washington DC and Puerto Rico, this could tip the balance of power in the Senate and electoral college. This is hardball but it is the game as it is played today. It needn’t be. Comity could prevail because the Senate makes its own rules. If the Senate dictated, they could simply require that passage of a bill would require enough votes in the Senate to actually represent the majority of voters.
Equity in the electoral college could be managed via a compact where the electors pledge to cast their votes for whomever wins the popular vote.
Perpetuation of the this system will only get worse if the current demographic changes continue to move people out of rural areas into more urban environments. When will “enough be enough?” How disparate will the system be before reform is recognized as necessary?
Dr. Bob Allen is Emeritus Professor of Chemistry, Arkansas Tech University.