The Universe of Discourse

Thu, 16 Jan 2020

A serious proposal to exploit the loophole in the U.S. Constitution

In 2007 I described an impractical scheme to turn the U.S. into a dictatorship, or to make any other desired change to the Constitution, by having Congress admit a large number of very small states, which could then ratify any constitutional amendments deemed desirable.

An anonymous writer (probably a third-year law student) has independently discovered my scheme, and has proposed it as a way to “fix” the problems that they perceive with the current political and electoral structure. The proposal has been published in the Harvard Law Review in an article that does not appear to be an April Fools’ prank.

The article points out that admission of new states has sometimes been done as a political hack. It says:

Republicans in Congress were worried about Lincoln’s reelection chances and short the votes necessary to pass the Thirteenth Amendment. So notwithstanding the traditional population requirements for statehood, they turned the territory of Nevada — population 6,857 — into a state, adding Republican votes to Congress and the Electoral College.

Specifically, the proposal is that the new states should be allocated out of territory currently in the District of Columbia (which will help ensure that they are politically aligned in the way the author prefers), and that a suitable number of new states might be one hundred and twenty-seven.

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