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Can a state rename itself without the consent of Congress?

· · Tootle for Mastodon · 2 · 0 · 0

US law 

@alexbuzzbee IANAL, but since the Constitution doesn't delegate the power to name states to Congress and it probably doesn't have much effect on interstate commerce, this is probably a situtation that falls under the Tenth Amendment. A state *should* be able to rename itself without consulting Congress.

@starbreaker There are clauses in Article IV Section 3 that require Congress' consent for mergers and divisions of states, but that probably doesn't extend to name changes. It could possibly be part of an argument that the 10th amendment doesn't control though? I'm not exactly a constitutional law professor.

I guess a state would rename itself by amending its constitution, which Congress doesn't control. I don't think anyone would sue over that though so it's probably a pointless discussion.

@alexbuzzbee Not a con law professor either (or a lawyer as I mentioned before) but I think the reason that states need Congress' consent for mergers and divisions is that this would affect the composition of congress. For example, if NYC were to secede from New York State, seats in the House of Representatives would have to be reapportioned between the two based on population, and we'd now need 102 seats in the Senate.

I don't think a state changing its name changes much besides stationery.

US law 

@alexbuzzbee Hmm, interesting question. Given the absolute absurd nature of federal and state law, it could likely swing either way.

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