Equal Footing Doctrine

[Keith Broaders]

The equal footing doctrine, also known as equality of the states, is a principle in US constitutional law stating that new states admitted to the Union after the original 13 must be admitted on an equal footing with those original states. This means new states have the same rights, sovereignty, and jurisdiction as the original states. This principle ensures that all states in the Union are treated equally and maintain a balance of power between the federal government and the states. 

The Land Ordinance of 1784, authored by Thomas Jefferson, established a framework for organizing and governing the vast territories acquired by the United States after the Revolutionary War. It called for the division of these lands into self-governing districts and outlined a process for them to eventually become states. The ordinance also included provisions for protecting individual rights and promoting education. While the 1784 ordinance was a foundational document, it was later superseded by the Northwest Ordinance of 1787, which provided a more detailed plan for territorial governance and statehood. 

Befrore ratifying the Condtitution in 1788 Virginia had a claim to 192 million acres of land known as the Northwest Terriroty that became the states of Ohio, Indiana, Ilillinois,Michigan and a portion of Minnesotathe were ceded to the Uniyed Staes in the Land Ordinance of 1784.

Thomas Jefferson significantly shaped the Land Ordinance of 1784, which proposed a plan for organizing western territories into states. He envisioned a system where these territories would eventually become equal members of the Union, not colonies, and proposed dividing the land into self-governing districts. This ordinance, while not fully implemented, laid the groundwork for later land policies and the Northwest Ordinance of 1787. 

Article 1, Section 8, Clause 17 of the U.S. Constitution grants Congress the power to exercise exclusive legislation over a district (not exceeding ten miles square) that becomes the seat of the United States government, as well as over places purchased by states for specific purposes like forts, magazines, and arsenals. This clause essentially establishes the legal framework for the creation and governance of Washington D.C. as the nation's capital, and also allows the federal government to acquire land within states for essential federal functions. 

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• Federal Jurisdiction | U.S. Constitution Annotated | US Law | LII / Legal Information Institute

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[Keith Broaders]