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?

  • Maggoty@lemmy.world
    12·
    9 months ago

    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

    • Jojo@lemm.ee
      1·
      9 months ago

      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@lemmy.world
        21·
        9 months ago

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

        • Jojo@lemm.ee
          1·
          9 months ago

          Yeah, but it wouldn’t be “legal” unless scotus agreed it was, even if it happened anyway.

          • Maggoty@lemmy.world
            02·
            9 months ago

            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.

            • Jojo@lemm.ee
              1·
              9 months ago

              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@lemmy.world
                11·
                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.