Article IV, Section 3 Explained: New States and Federal Property

Article IV, Section 3 of the Constitution covers two big things:

1. How new states join the U.S.

2. How the federal government manages its property

Here's the scoop:

• Congress can add new states, but can't split or merge existing ones without their OK

• Congress controls federal lands and territories

• This section grew the U.S. from 13 to 50 states

• It allows for national parks and forests

• Hot topics: Puerto Rico and D.C. statehood, federal vs. state control of western lands

Key court cases:

Case	Year	Ruling
Pollard v. Hagan	1845	New states get equal rights
Kleppe v. New Mexico	1976	Congress has full power over public lands

Statehood movements:

Territory	Status	What's New
Puerto Rico	U.S. territory	2020 statehood vote
Washington D.C.	Federal district	2021 House passed statehood bill

This section still matters for land management and possible future states.

Related video from YouTube

The Property Clause: Article 4, Section 3

The property clause gives Congress power over federal property:

1. Make rules for territories

2. Sell or give away federal property

3. Manage federal lands

Here's who owns what federal land:

Agency	Acres (millions)	% of Federal Land
Bureau of Land Management	244.4	35%
U.S. Forest Service	192.9	28%
Fish and Wildlife Service	89.1	13%
National Park Service	79.9	12%

In Kleppe v. New Mexico (1976), the Supreme Court said:

"The power over the public land thus entrusted to Congress is without limitations."

This means federal rules can override state laws on public lands.

The clause is still relevant. In 2017, shrinking Bears Ears National Monument sparked legal fights about executive power under this clause.

Article IV Section 4: State Guarantees

Article IV Section 4, the Guarantee Clause, promises states three things:

1. A republican government

2. Protection from invasion

3. Help with internal violence (if asked)

Let's break it down:

Republican Government States must have governments where people elect their leaders. No kings allowed!

Invasion Protection The feds defend states from foreign attacks.

Domestic Violence Help If a state asks, the federal government will help stop rebellions.

Courts usually don't touch this clause. In Luther v. Borden (1849), the Supreme Court said it's up to Congress and the President to handle, not judges.

This clause has popped up in history. Lincoln used it during the Civil War. Now, it's part of talks about Puerto Rico's status and statehood.

Article 4 in Plain English

Article 4 is like a rulebook for how states play nice with each other and the federal government. Here's what it says:

1. State Respect: States must honor each other's laws and court decisions.

2. Citizen Rights: You get the same rights in every state.

3. Criminal Handover: If you commit a crime and run to another state, they'll send you back.

4. New States: Congress can add states, but can't split existing ones without permission.

5. Federal Land: Congress controls federal property.

6. State Protection: The feds must protect states from invasion and help with internal troubles if asked.

Article IV Section 4 Clause 3: A Mix-Up

There's no Article IV Section 4 Clause 3. You might be thinking of Article IV, Section 2, Clause 2, which is about extradition. It says:

If someone commits a crime in one state and runs to another, they must be sent back to face justice.

This is the Extradition Clause. Here's how it works:

1. Criminal commits crime in State A

2. Criminal runs to State B

3. State A's governor asks for the criminal back

4. State B has to hand them over

This stops criminals from escaping justice by crossing state lines.

In 1987, the Supreme Court case Puerto Rico v. Branstad said federal courts can make states follow extradition requests.

Remember, Article IV, Section 3 is about new states and federal property. Section 2 covers how states deal with each other, including extradition.

Adding New States: Article IV, Section 3 in Action

Article IV, Section 3 lays out how new states join the U.S. It's how we grew from 13 to 50 states.

How It Works

The key part says:

Congress can add new states, but can't create a state inside another or merge states without their OK.

Here's how a new state joins:

1. Territory asks to be a state

2. Congress debates it

3. If approved, Congress passes a law

4. Territory writes a constitution and sets up a government

5. Congress checks the new state's setup

6. President signs the admission act

What It Takes to Be a State

Congress looks at things like:

• Population

• Economy

• Politics

• Location

But there are limits:

• Can't make new states inside existing ones without permission

• Can't merge states without their OK and Congress's approval

Equal Footing: Fairness for New States

New states get the same rights as old ones. This isn't in the Constitution, but it's a big deal.

Who Wants to Be a State Now?

Some U.S. territories are trying to become states:

Territory	Current Status	What's New
Puerto Rico	U.S. territory	Voted on statehood in 2020
Washington D.C.	Federal district	House passed statehood bill in 2021
U.S. Virgin Islands	U.S. territory	Thinking about changing status
Guam	U.S. territory	Debating future status

Becoming a state is tricky and often political.

Managing Federal Lands: Article IV, Section 3 at Work

Article IV, Section 3 gives Congress big power over federal lands. This shapes how the government manages huge areas of the country.

What Congress Can Do

The Property Clause says:

"Congress can make rules for federal land and property."

This means Congress can:

• Buy, sell, or trade federal land

• Set rules for using federal lands

• Create national parks and forests

• Manage resources on federal lands

What Courts Say

The Supreme Court backs Congress's power over federal lands:

Case	Year	Ruling
Kleppe v. New Mexico	1976	Congress has "complete power" over public lands
United States v. Gardner	1997	Feds can control grazing on public lands
Alaska v. United States	2005	Feds own underwater lands in southeast Alaska

These cases show Congress can make laws about federal property without state interference.

Limits on Federal Power

There are some limits:

1. States must agree to federal control of land within their borders

2. New states get the same rights as old ones

3. Coastal states own waters up to three miles out (since 1953)

State vs. Federal Control: Real-Life Examples

Sometimes states and the feds fight over land control:

• In 2014, a Nevada rancher refused to pay grazing fees, saying the land belonged to the state

• In 2017, Utah lawmakers opposed creating Bears Ears National Monument, wanting state control

These show ongoing tension between federal and state land management.

Conservation: How Article IV, Section 3 Protects Nature

The Property Clause lets Congress protect land. This created:

• 63 national parks

• 154 national forests

• 568 national wildlife refuges

These cover about 28% of U.S. land, showing how Article IV, Section 3 impacts conservation.

Article IV, Section 3: Big Picture and Future

The Basics

Article IV, Section 3 covers:

1. Adding new states

2. Federal control of U.S. lands and territories

It gives Congress power to grow the country and manage federal property.

Why It Matters

This section:

• Grew the U.S. from 13 to 50 states

• Created national parks, forests, and wildlife refuges

• Settles fights between states and feds over land use

For example, it let Congress create Yellowstone National Park in 1872, starting federal land conservation.

Ongoing Debates

Hot topics include:

• Status of Puerto Rico and Guam

• Federal vs. state control of western lands

• Equal rights for new states

Old court cases from the early 1900s still affect how the U.S. runs its territories. Some say these create unfair treatment for people in territories.

Future Questions

Things to think about:

1. How will climate change affect federal land management?

2. Should we change how new states join?

3. What if D.C. or Puerto Rico become states?

These issues will shape debates about Article IV, Section 3 in the future.

Related posts

• Article III, Section 2 Explained: Jurisdiction of the Judiciary
• Article IV, Section 1 Explained: Full Faith and Credit Among States
• States' Relations and Responsibilities: Unpacking Article IV
• Article I, Section 4 Explained: The Electoral Process for Congress