this post was submitted on 25 Feb 2024
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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?

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[–] Maggoty 3 points 9 months ago (3 children)

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.

[–] dhork 12 points 9 months ago* (last edited 9 months ago) (2 children)

Oh, but there are all sorts of details to work out....

  • are citizens of the state no longer US citizens?
  • if so, what happens to their Social Security? Medicare? I don't want to keep paying for those freeloaders
  • if they treat it like renouncing citizenship, they make those people pay taxes on all their assets and 401(k) holdings before leaving
  • Do armed forces members from those states now get kicked out of the US armed forces and go to the new state's armed forces?
  • Does the new state get to take over any military bases and Federal buildings?
  • Can the rest of us build a wall on the border and make them pay for it?

There's a lot to iron out. The Brits got screwed with Brexit, and they weren't even leaving a country.

[–] lordnikon 5 points 9 months ago (1 children)

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.

[–] mojofrododojo 5 points 9 months ago

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.

[–] Maggoty 1 points 9 months ago

Presumably those have been worked out in the bill Congress passed.

[–] HandBreadedTools 4 points 9 months ago (1 children)

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.

[–] Maggoty -3 points 9 months ago

Is there something specifically saying you can't?

No?

Question answered.

[–] [email protected] 3 points 9 months ago (1 children)

"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

[–] Maggoty -1 points 9 months ago* (last edited 9 months ago) (2 children)

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

[–] HandBreadedTools 2 points 9 months ago (1 children)

This is literally just wrong dude

[–] Maggoty 1 points 9 months ago
[–] [email protected] 1 points 9 months ago (1 children)

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?

[–] Maggoty 1 points 9 months ago (1 children)

Yeah that's the checks and balances. SCOTUS literally has no power without Congress or the President.

[–] [email protected] 1 points 9 months ago (1 children)

Yeah, but it wouldn't be "legal" unless scotus agreed it was, even if it happened anyway.

[–] Maggoty -1 points 9 months ago (1 children)

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.

[–] [email protected] 1 points 9 months ago (1 children)

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.

[–] Maggoty 0 points 9 months ago

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.