Equal footing

Equal footing is a principle in United States constitutional law that mandates that all states admitted to the Union should be on an equal footing with the original states in terms of political rights and sovereignty. This principle is derived from the United States Constitution, although it is not explicitly stated in the document.

History

The principle of equal footing dates back to the Northwest Ordinance of 1787, which established the precedent that new states would be admitted to the Union "on an equal footing with the original States, in all respects whatever." This principle was later affirmed by the United States Supreme Court in several decisions, including Pollard's Lessee v. Hagan (1845), Coyle v. Smith (1911), and United States v. Texas (1922).

Application

The equal footing doctrine applies to the political rights and sovereignty of states, not to the individual rights of citizens. It ensures that each state enters the Union with the same baseline of authority and rights, regardless of when or under what conditions it was admitted. This includes the right to exercise all the powers of sovereignty which the original states possessed, such as the power to create and enforce laws, the power to tax, and the power to enter into contracts.

However, the equal footing doctrine does not guarantee that all states have equal resources or equal economic opportunities. For example, the federal government retains control over public lands in many western states, which some argue puts these states at a disadvantage compared to states where the majority of land is privately owned.

Controversies

The application of the equal footing doctrine has been a subject of controversy in several instances. One notable example is the admission of Alaska and Hawaii to the Union. Some argued that these states were not granted equal footing because they were not immediately granted representation in the United States Congress. However, the Supreme Court ruled in Hawaii v. Mankichi (1903) that the equal footing doctrine does not require immediate representation in Congress.

Another controversy involves the control of navigable waters within a state. The federal government has traditionally retained control over navigable waters, but some states have argued that this violates the equal footing doctrine. The Supreme Court has generally upheld the federal government's control, but the issue remains contentious.

See also

• Admission to the Union
• Statehood movement in the District of Columbia
• Territorial evolution of the United States