Updated July 29, 2022
Statehood Process and Political Status of U.S. Territories: Brief
Policy Background
Proposals to admit new states to the union are as old as the
these independent nations are the Federated States of
republic. An expanded United States was contemplated at
Micronesia, the Republic of the Marshall Islands, and the
least as early as 1787, with enactment of the Northwest
Republic of Palau. They are not U.S. territories.
Ordinance, which addressed territorial expansion, even
before the first states ratified the U.S. Constitution later the
All five U.S. territories discussed here exercise varying and
same year. Vermont joined the union in 1791, the first new
potentially evolving degrees of self-governance (the details
state beyond the 13 original colonies. Arizona and New
of which are beyond the scope of this product). In the
Mexico completed the contiguous United States in 1912.
executive branch, the U.S. Interior Department’s Office of
Alaska and Hawaii became the 49th and 50th states
Insular Affairs (OIA) coordinates federal relations with
respectively in 1959. Would-be states have relied on
territories except Puerto Rico. Since the Kennedy
different methods to join the union, and there is no single
Administration, the Executive Office of the President has
process for doing so. This In Focus provides brief
coordinated federal relations with Puerto Rico.
background about the statehood process generally, and
about how it might affect congressional consideration of
Voters in all five territories elect governors and territorial
proposed statehood for U.S. territories.
legislatures. The territories are not represented in the
electoral college and thus do not cast votes for President of
Any change in territorial political status, including
the United States, although eligible voters may participate
statehood admission, would require congressional approval
in party primaries or other nominating events. Popularly
via a statutory change. Congress may choose to pursue such
elected Delegates (called the Resident Commissioner in
legislation or decide not to do so. If it chooses to reexamine
Puerto Rico) represent each of the five territories in the
the issue, Congress could consider territorial statehood for a
House of Representatives. The House Committee on
single jurisdiction, for multiple ones simultaneously, or for
Natural Resources and Senate Committee on Energy and
none at all. Similarly, territories might choose to maintain
Natural Resources exercise primary jurisdiction over the
the status quo or to pursue a different status relationship,
political status of U.S. territories.
which might or might not include statehood, with the
United States. The desire for altering the status quo appears
Political Status and U.S. Territories
to vary across territories.
The Territorial Clause, found in Article IV, Section 3,
Clause 2 of the U.S. Constitution, grants Congress plenary
The topic of statehood admission and territorial political
authority “to dispose of and make all needful Rules and
status can be culturally sensitive, historically complex, and
Regulations respecting the Territory or other Property
politically divisive. This brief product does not attempt to
belonging to the United States.” Territorial self-governance
address these topics in detail. It also does not contain
and political relations between the federal government and
detailed discussion of any particular territory’s political
a territorial one are embodied in a concept known as
status or address legal, economic, or tax issues, or program
political status. Congress and the executive branch have
eligibility. Because the District of Columbia is not a
long expressed support for self-determination in all
territory and raises separate policy and legal issues, this
territories. The federal government generally recognizes
product does not address the nation’s capital. Related CRS
three constitutionally valid status options: (1) statehood, (2)
products appear at the end of this In Focus.
independence (including free association), or (3) territory.
Territories Background
Federal policy regards all U.S. territories discussed in this
The United States currently holds five major, permanently
product as unincorporated. Historically, incorporated status
inhabited territories: American Samoa, the Commonwealth
arguably has designated congressional intent for eventual
of the Northern Mariana Islands (CNMI), Guam, Puerto
statehood. (Incorporation also indicates congressional
Rico, and the U.S. Virgin Islands (USVI).
extension of full constitutional provisions as in the states, a
topic that is beyond the scope of this product.) It is unclear
After World War II, present-day CNMI chose a closer
how significant incorporation might be for modern
relationship with the United States than did other areas in
statehood debates, as Congress has not incorporated would-
the former Trust Territory of the Pacific Islands (TTPI),
be states since it did so for Alaska and Hawaii.
which the United States administered for the United
Nations. The United States maintains free association
relationships with three other former TTPI areas. Today,
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Statehood Process and Political Status of U.S. Territories: Brief Policy Background
Multiple Statehood Methods
sending an elected “congressional” delegation to
There is no single path to statehood. Congressional
Washington to lobby for statehood; and
requirements for individual territories to transition to
statehood have varied widely over time. Would-be states
Congress passing legislation admitting the territory as a
also have varied widely in the paths by which they pursued
state.
statehood, the amount of time it took to do so, and the level
of public support for admission.
Recent Developments in Congress
The debate over Puerto Rico statehood proposals has been
The Constitution appears to provide only general guidance
the most prominent territorial status topic considered in
to Congress on how to admit new states. The relevant
recent Congresses. Generally, debate focuses on which
provision simply permits Congress to admit new states and
processes voters on the island should use to indicate their
precludes admitting states within states except as approved
status preference and whether Congress wishes to consider
by the state legislatures. As Article IV, Section 3 specifies
a status change. As of this writing, in the 117th Congress,
bills that could affect Puerto Rico political status include
New states may be admitted by the Congress into
H.R. 1522; H.R. 2070; H.R. 8393; S. 780; S. 865; and S.
this union; but no new state shall be formed or
4560.
erected within the jurisdiction of any other state; nor
any state be formed by the junction of two or more
Potential Congressional Considerations
states, or parts of states, without the consent of the
Each territory’s path to statehood (where applicable) has
legislatures of the states concerned as well as of the
been unique, as has congressional consideration. History
Congress.
suggests that the following factors, among others, could
inform future statehood debates for one or more U.S.
Article IV also requires “republican form” state
territories:
governments.
whether the status quo provides sufficient democratic
In historical practice, at least six paths to territorial
representation and inclusion and, if not, which change, if
statehood are commonly recognized:
any, would offer improvement;
the union of the first 13 colonies;
popular support for a status change within a territory and
whether that support is sufficient for Congress;
presentation to Congress of a territory that is already
organized like a state (commonly known as the
how a territory’s status options were formulated and
Tennessee Plan);
debated;
annexation of an independent republic;
whether altering political status is in the national interest
and in a territory’s interest, including issues of culture,
creation of a new state from existing states;
defense, economics, language, and political institutions;
and
development of a state constitution without first
obtaining explicit congressional support; and
how or whether historical examples of status changes
for previous territories warrant consideration.
congressional enactment of legislation to enable
statehood.
For additional discussion of related issues, see
Territories and the federal government have employed
CRS Report R40170, Parliamentary Rights of the
aspects of each of these methods over time. They are not
Delegates and Resident Commissioner from Puerto
necessarily mutually exclusive.
Rico, by Christopher M. Davis;
The Tennessee Plan
CRS In Focus IF11443, District of Columbia Statehood
The Tennessee Plan method has attracted consistent
and Voting Representation, by Joseph V. Jaroscak;
attention in modern history for at least two reasons. First,
CRS Report R44721, Political Status of Puerto Rico:
statehood advocates may prefer this method because it is
Brief Background and Recent Developments for
seen as an avenue for territories to initiate the statehood
Congress, by R. Sam Garrett; and
process without a congressional invitation. Second, Puerto
Rico statehood advocates have publicly embraced the
CRS Report R46573, The Freely Associated States and
approach in recent years. The Tennessee Plan method
Issues for Congress, by Thomas Lum.
generally has included the following elements:
R. Sam Garrett, Specialist in American National
drafting a state constitution;
Government
electing state officers;
IF11792
organizing a state-like territorial government;
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Statehood Process and Political Status of U.S. Territories: Brief Policy Background
Disclaimer
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