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==Legal requirements== {{main|Admission to the Union}} [[File:Statehood Process and Political Status of U.S. Territories - Brief Policy Background.pdf|thumb|right|This 2022 [[Congressional Research Service]] report examines the legal processes for admission to the Union.]] [[Article Four of the United States Constitution|Article IV, Section 3, Clause 1]] of the [[United States Constitution]] authorizes [[United States Congress|Congress]] to admit new [[U.S. state|states]] into the United States (beyond the [[Thirteen Colonies|thirteen]] already in existence at the time the Constitution went [[Ratification of the US Constitution|into effect]] in 1788). Historically, most new states brought into being by Congress have been established from an [[Organized incorporated territories of the United States|organized incorporated territory]], created and governed by Congress.<ref>{{cite web| title=Property and Territory: Powers of Congress| url=http://law.justia.com/constitution/us/article-4/25-methods-of-disposing-property.html| publisher=Justia| location=Mountain View, California| access-date=June 14, 2017| url-status=live| archive-url=https://web.archive.org/web/20170525020637/http://law.justia.com/constitution/us/article-4/25-methods-of-disposing-property.html| archive-date=May 25, 2017| df=mdy-all}}</ref> In some cases, an entire territory became a state; in others, some part of a territory became a state. As defined in a 1953 [[U.S. Senate Committee on Interior and Insular Affairs]], the traditionally accepted requirements for statehood are: * The inhabitants of the proposed new state are imbued with and are sympathetic toward the principles of democracy as exemplified in the [[American Constitution]]. * A majority of the electorate wish for statehood. * The proposed new state has sufficient population and resources to support state government and carry its share of the cost of Federal Government.<ref>[https://library.cqpress.com/cqalmanac/document.php?id=cqal57-1345606 "Statehood Considered by Congress Since 1947."] In CQ Almanac 1957, 13th ed., 07-646-07-648. Washington, DC: Congressional Quarterly, 1958. Retrieved June 14, 2017.</ref> Although not a legal rule, historically having at least 60,000 free adult males was also a requirement for statehood. This was outlined in the Northwest Ordinance decreed in 1787 <ref>{{cite web | url=https://www.archives.gov/milestone-documents/northwest-ordinance | title=Northwest Ordinance (1787) | date=May 17, 2021 }}</ref> when the United States was under the Articles of Confederation. Even though the USA no longer operates under this government, Congress has generally followed this guideline as states were added to the union.<ref name="study.com">[https://study.com/academy/lesson/statehood-definition-lesson-quiz.html]</ref> In most cases, the organized government of a territory made known the sentiment of its population in favor of statehood, usually by referendum. Congress then directed that government to organize a [[constitutional convention (political meeting)|constitutional convention]] to write a [[State constitution (United States)|state constitution]]. Upon acceptance of that constitution by the people of the territory and then by Congress, a [[joint resolution]] would be adopted granting statehood. The President would then issue a proclamation adding a new state to the Union. While Congress, which has ultimate authority over the admission of new states, has usually followed this procedure, there have been occasions (because of unique, case-specific circumstances) when it did not.<ref>{{cite journal| last=Huddle| first=F. P.|year=1946| title=Admission of new states| journal=Editorial Research Reports| publisher=[[CQ Press]]| doi=10.4135/cqresrre1946032000| url=http://library.cqpress.com/cqresearcher/document.php?id=cqresrre1946032000| access-date=June 14, 2017| url-status=live| archive-url=https://web.archive.org/web/20170525065159/http://library.cqpress.com/cqresearcher/document.php?id=cqresrre1946032000| archive-date=May 25, 2017| df=mdy-all| url-access=subscription}}</ref> A simple majority in each House of Congress is required to pass statehood legislation; however, in the [[United States Senate]], the [[filibuster (United States Senate)|filibuster]] requires 60 votes to invoke [[cloture]]. Some statehood advocacy organizations have called for amending or abolishing the filibuster as a path to achieve statehood.<ref>{{Cite web|url=https://www.vox.com/2020/6/22/21293168/dc-statehood-vote-filibuster-supreme-court-joe-biden|title=DC is closer to becoming a state now than it has ever been|first=Ian|last=Millhiser|date=26 June 2020|website=Vox}}</ref><ref>{{Cite web|url=https://www.teenvogue.com/story/51-for-51-washington-dc-statehood|title=51 for 51 Is Lobbying Congress to Grant Statehood to Washington, D.C.|date=23 October 2020|first=Jameelah|last=Nasheed|website=Teen Vogue}}</ref> As with other legislation, the President can sign or [[veto]] statehood bills that pass, and Congress has the power to override a veto with a two-thirds majority; Nebraska is the only existing state admitted through a veto override.<ref>{{Cite web|url=https://www.csgmidwest.org/policyresearch/1015-Nebraska-statehood.aspx|title=First in the Midwest: How and why a U.S. president tried to stop Nebraska from becoming a state β and failed|first=Mike|last=McCabe|date=October 2015|website=The Council of State Governments|access-date=January 6, 2021|archive-date=November 30, 2020|archive-url=https://web.archive.org/web/20201130144247/https://www.csgmidwest.org/policyresearch/1015-Nebraska-statehood.aspx|url-status=dead}}</ref> Although Congress, with approval of the President, can add a state to the Union, they cannot make another State by splitting or merging two existing states, without the consent of the State (or States) legislatures involved.<ref>{{cite web | url=https://www.cnn.com/2017/10/14/politics/puerto-rico-state-congress-white-house/index.html | title=Here's what would happen to US politics if Puerto Rico became a state | CNN Politics | website=[[CNN]] | date=October 14, 2017 }}</ref> {{blockquote|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.<ref>{{cite web|title=The Constitution of the United States of America: Analysis and Interpretation, Centennial Edition, Interim Edition: Analysis of Cases Decided by the Supreme Court of the United States to June 26, 2013|url=http://www.gpo.gov/fdsys/pkg/GPO-CONAN-2013/pdf/GPO-CONAN-2013.pdf|publisher=U.S. Government Printing Office|access-date=April 5, 2016 |location=Washington, DC|pages=16β17 |year=2013 |archive-url=https://web.archive.org/web/20140225114303/http://www.gpo.gov/fdsys/pkg/GPO-CONAN-2013/pdf/GPO-CONAN-2013.pdf|archive-date=February 25, 2014|url-status=live}}</ref>}} While States can join the United States, once they do so it is illegal to leave.<ref>{{cite web | url=https://www.usatoday.com/story/news/factcheck/2023/04/25/fact-check-civil-war-supreme-court-ruling-block-states-seceding-texas-civil-war/11472885002/ | title=Fact check: SCOTUS ruling, history contradict claim Texas has 'absolute legal right' to secede | website=[[USA Today]] }}</ref> Once it becomes a State there are rules, it must for example write a State constitution and it must have sufficient financial and human resources to run its State government and support the Federal government.<ref name="study.com"/>
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