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Could the USA "kick" a State out?
(lemmy.world)
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this post was submitted on 25 Feb 2024
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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.
it was worse than that and even dumber the UK was a founding member and had extra perks. That other EU members didn't get and they threw all that away. Even if they do join back they will never get that deal again.
and yet it's still the most logical thing for them to do, security, trade and otherwise. it'll hurt a bit, that sting is pride lol.... but it'd still be the best thing for both the UK and EU.
otherwise eventually I see Ireland unifying and Scotland going to the EU lol.
Presumably those have been worked out in the bill Congress passed.
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.
Is there something specifically saying you can't?
No?
Question answered.
"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
Oh no the amendment is for if a state wants to leave. Since there's no standard around kicking a state out at all, it defaults to 50+1 votes in Congress and a President willing to enforce it
This is literally just wrong dude
Why? How?
I expect at the very least you'd also need scotus to agree, though if legislative and executive are both willing to ignore them then ...profit?
Yeah that's the checks and balances. SCOTUS literally has no power without Congress or the President.
Yeah, but it wouldn't be "legal" unless scotus agreed it was, even if it happened anyway.
No. SCOTUS does not have to agree to everything. In fact there's no Constitutional power for them to take a law up for review without a case. They gave themselves that power.
I find it implausible there would be no challenge, so scotus would have to agree either passively by refusing to take the case or actively by taking it in order for its legality to be settled.
And I find it implausible that anybody listens to SCOTUS if we've gotten to the point that at least half of Congress is kicking a state out. It's certainly not a normal political environment at that point.