[GoneForNow]

Austin Powers
By Vasan Kesavan and Michael Stokes Paulsen

19 August 2004
The Wall Street Journal


(Copyright (c) 2004, Dow Jones & Company, Inc.)

What would you say if we told you we have a way to add as many as eight new Republican senators to Congress. We could also add eight right-leaning votes to the electoral college? It's simple, it's fun, and it's perfectly constitutional: Texas should divide itself into five states.
Art. IV, Sec. 3 of the U.S. Constitution says that new states may be created out of existing ones, but only with the consent of "the States concerned as well as of the Congress."
These days, partisan Congress would never agree to a Texas carve-up, since any resulting new states would surely be politically conservative. But Congress need not take any action at all today: It granted its consent to Texas's potential subdivision 159 years ago. This made sense, as those had been the terms that Texas, a sovereign nation at the time, had negotiated for entering the Union. One provision of the 1845 Joint Resolution for Annexing Texas, passed by Congress and signed into law by President John Tyler, reads as follows:
New States, of convenient size, not exceeding four in number, in addition to said State of Texas, and having sufficient population, may hereafter, by the consent of said State, be formed out of the territory thereof, which shall be entitled to admission under the provisions of the federal constitution.
The "New States of convenient size" provision is the constitutionally required consent of Congress to carving a new state out of an existing one. And it is still in effect: There is absolutely no reason to believe that this provision -- a U.S. statute -- expires on its own without being repealed. So all that remains is for Texas to say "Yes" and act to divide itself into five. This will necessitate some Texas politicking, but probably not much more than the redistricting drama of 2003. Then, Democratic legislators holed up in Oklahoma and New Mexico in a failed attempt to stymie a GOP redistricting plan that eliminated a decade-old pro-Democrat distortion.
But wouldn't it be kind of sad to see the Lone Star State dismembered, merely for political fun and profit? We've all met Texans who think that there's something "national" and sacred about Texas being, well, Texas. But sentimental schlock shouldn't prevail over rugged western realism (not to mention self-interest). Texas has grown too big for its britches (in a good way). The ironic consequence is that Texas is woefully underrepresented in national politics.
The Constitution's requirement that each state have equal representation in the U.S. Senate means that huge Texas -- the nation's second largest state in both people and land -- has the same representation in the Senate as puny Vermont. "Jumpin' Jim" Jeffords can throw control of the Senate by shifting party loyalties, as he did in 2001. How anti-democratic is that? Texans could prevent such Yankee chicanery by wielding their proper weight in the nation's councils.
So what are y'all waiting for? Can anyone think of a good reason why we shouldn't mess with Texas? For the good of America, for the good of Austin, for the good of the GOP, now's the time for Texas to become five Texy-Tots. Yee-haw!
---
Mr. Kesavan is a recent graduate of Yale Law School. Mr. Paulsen is professor of Law at University of Minnesota Law School. This is adapted from a recent issue of the Texas Law Review.

[Infidel_Kastro]

We've all met Texans who think that there's something "national" and sacred about Texas being, well, Texas.

[plschwartz]

At first I was wondering what "roses" had to do with Bush but I was pleasently suprised to see a different topic.
I think that considering everything perhaps it would be best to divide Texas into two parts and return half to Mexico

[Wino]

I'm thinking more along the line of "The Mouse That Roared". Secede from the Union, return to being a Republic, declare war on the USA, lose and let USA rebuild the State ala Iraq - this may be the only way we can get monies from the US and rebuild the state after the disastrous Bush governor and president years - seems to be the Bush way - destroy and rebuild - works for me!

[Infidel_Kastro]

Originally Posted by Wino

I'm thinking more along the line of "The Mouse That Roared". Secede from the Union, return to being a Republic, declare war on the USA, lose and let USA rebuild the State ala Iraq - this may be the only way we can get monies from the US and rebuild the state after the disastrous Bush governor and president years - seems to be the Bush way - destroy and rebuild - works for me!

We can't do that Wino, cause I have plans, BIG plans. here, I'll let you in on it in case you want to help. First, we need to get me elected as Governor. OK, it may be a bit difficult, but it can be done. We'll need to "take care" of some people who know me, but we'll make it look like an unfortunate jogging/hunting accident.
OK, so I am governor for a couple of months, doing the Governor thing, when all of a sudded, I mobolize the Texas State guard, and invade Cuba. We take over the island rather quickly, its the State Guard, so they'll be pretty quick, and then we'll pull them out, and leave a couple of troops of Texas Cub Scouts to maintain control, then we'll start rebuilding the casinos.
And yes, I know you're thinking to yourself, "But hell get into trouble! ". I've thought of that, and heres what would happen. I get dragged before the UN and they all grumble grumble at me. Kofi "I'm cuckoo for Kofi Pops" Annan will then grill me before the entire General Assembly, it will go a little like this:

Koffi Annan:
"Governor Mantecon, what makes you think that you can invade Cuba and take it over.

Governor Mantecon: *shrugs shoulders"

KA: Governor Mantecon, how do you explain your actions?"

GM: "I'm from Texas, I thought we were allowed to do things like invade third world countries.I didn't know any better"

KA: *looking puzzled and confused*
"Governor Mantecon, you make a compelling argument. Please don't let it happen again."

GM: *shrugs shoulders*

[bassetman]

Originally Posted by Wino

I'm thinking more along the line of "The Mouse That Roared". Secede from the Union, return to being a Republic, declare war on the USA, lose and let USA rebuild the State ala Iraq - this may be the only way we can get monies from the US and rebuild the state after the disastrous Bush governor and president years - seems to be the Bush way - destroy and rebuild - works for me!

At his "rebuild rate" you could be without elec. for years!

[WarC]

My offer to be your defense minister still stands, IK

Or did I promise that to another world-domination hopeful?! I can't remember whom I've declared my allegiance too these days...

[Infidel_Kastro]

Originally Posted by WarC

My offer to be your defense minister still stands, IK

Or did I promise that to another world-domination hopeful?! I can't remember whom I've declared my allegiance too these days...

Was to me, and I have not forgotten, but for fun, I'm pretty sure I'm gonna make Wino Secretary of Gaming.

[plschwartz]

Originally Posted by infidel_kast

Was to me, and I have not forgotten, but for fun, I'm pretty sure I'm gonna make Wino Secretary of Gaming.

How about Wino for High Chief

[Infidel_Kastro]

Originally Posted by plschwartz

How about Wino for High Chief

Funny.

[Wino]

Originally Posted by bassetman

At his "rebuild rate" you could be without elec. for years!

eeerrrr......we WON't be shooting at them! In fact, we will incourage them to take home a war bride!

[Wino]

Originally Posted by infidel_kast

Was to me, and I have not forgotten, but for fun, I'm pretty sure I'm gonna make Wino Secretary of Gaming.

If the position does not include control of the brothel's - NO DEAL!!

[Wino]

Originally Posted by plschwartz

How about Wino for High Chief

You are refering to my portrayal in my high school drama presentation of Lord High Executioner in G&S The Mikado, yes?

[Infidel_Kastro]

Originally Posted by Wino

If the position does not include control of the brothel's - NO DEAL!!

Hey whatever positions you want to use in brothels is none of my business.
































Freak.

[WarC]

...Suddenly, defense minister doesn't seem as fun...