expelling a state?

[David Wagner]

Looks to me like Article V's ban on amendments that would deprive any state of equal representation in the Senate is permanent.  Obviously the very idea of any part of the Constitution declaring itself unamendable is a rich source of problems. I would guess that such a clause could be "amended" the same way the Articles of Confederation were, and no other way.  But on the exact issue at hand, maybe as long as a state is still allowed to send two voting Senators to Washington, it can be expelled from the Union for all other purposes.

I'm assuming the state in non-consenting.  If the "Second Vermont Republic" people have their way, Vermont would leave by consent, and so Leahy and Sanders -- gone, with no Article V problem.

David Wagner

> -----Original Message-----
> From: Jonathan Chausovsky [mailto:jchaus at gmail.com]
> Sent: Friday, November 21, 2008 3:28 PM
> To: guayiya
> Cc: David Wagner; conlawprof at lists.ucla.edu
> Subject: Re: expelling a state?
>
> Assume the proposed Constitutional Amendment fixes the Article V
> problem.  Or that two amendments are passed.  One on amending Article
> V, the second one on expelling . . .
>
>
>
> On Fri, Nov 21, 2008 at 2:45 PM, guayiya <guayiya at bellsouth.net> wrote:
> > How about the last clause of Article V?
> > Daniel Hoffman
> >
> > David Wagner wrote:
> >
> > There's a movement in this direction in Vermont:
> > http://www.vermontrepublic.org/
> >
> >
> >
> > Why indeed?
> >
> >
> >
> >
> >
> > From: conlawprof-bounces at lists.ucla.edu
> > [mailto:conlawprof-bounces at lists.ucla.edu] On Behalf Of Robert
> Sheridan
> > Sent: Friday, November 21, 2008 1:57 PM
> > To: Sean Wilson
> > Cc: conlawprof at lists.ucla.edu
> > Subject: Re: expelling a state?
> >
> >
> >
> > Why wait?
> >
> >
> >
> > rs
> >
> > sfls
> >
> >
> >
> > On Nov 21, 2008, at 10:48 AM, Sean Wilson wrote:
> >
> > ... please pardon what might be a "dumb question."
> >
> >
> >
> > Let's say one day -- maybe the year 2050 or something -- that the
> United
> > States wants to expell Alabama and Mississippi from the union. Let's
> say
> > that a constitutional amendment is successfully passed that, in fact,
> > expells them.  Is that permissible?
> >
> >
> > (Assume for the sake of discussion that a treaty allows them to still
> play
> > college football with us).
> >
> >
> >
> > Dr. Sean Wilson, Esq.
> > Assistant Professor
> >
> > Wright State University
> >
> > New Website: http://seanwilson.org
> >
> > SSRN papers: http://ssrn.com/author=596860
> >
> > _______________________________________________
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>
> --
> Jonathan Chausovsky
> Assistant Professor
> Political Science Department
> SUNY-Fredonia
> E374 Thompson Hall
> Fredonia, NY 14063
> (716) 673-4673