Statehood Process and Political Status of U.S. Territories: Brief Policy Background

Statehood Process and Political Status of U.S. Territories: Brief Policy Background

Updated June 6, 2024
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
Micronesia, the Republic of the Marshall Islands, and the
republic. A larger United States was contemplated at least
Republic of Palau. They are not U.S. territories.
as early as 1787, with enactment of the Northwest
Ordinance, which addressed territorial expansion, even
All five U.S. territories discussed here exercise varying and
before the first states ratified the U.S. Constitution later in
potentially evolving degrees of self-governance (the details
1787. Vermont joined the union in 1791, the first new state
of which are beyond the scope of this product). In the
beyond the 13 original colonies. Arizona and New Mexico
executive branch, the U.S. Interior Department’s Office of
completed the contiguous United States in 1912. Alaska
Insular Affairs (OIA) coordinates federal relations with
and Hawaii became the 49th and 50th states, respectively, in
territories except Puerto Rico. Since the Kennedy
1959. Would-be states have relied on different methods to
Administration, the Executive Office of the President has
join the union, and there is no single process for doing so.
coordinated federal relations with Puerto Rico.
This In Focus provides background about the statehood
process, and about how it might affect congressional
Voters in all five territories elect governors and territorial
consideration of 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
Multiple Statehood Methods
relationships with three other former TTPI areas. Today,
There is no single path to statehood. Congressional
these independent nations are the Federated States of
requirements for individual territories to transition to
statehood have varied widely over time. Would-be states
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Statehood Process and Political Status of U.S. Territories: Brief Policy Background
also have varied widely in the paths by which they pursued
Recent Developments in Congress
statehood, the amount of time it took to do so, and the level
The debate over Puerto Rico statehood proposals has been
of public support for admission.
the most prominent territorial status topic considered in
recent Congresses. Generally, debate focuses on which
The Constitution appears to provide only general guidance
processes voters on the island should use to indicate their
to Congress on how to admit new states. The relevant
status preference and whether Congress wishes to consider
provision permits Congress to admit new states and
a status change. As of this writing, in the 118th Congress,
precludes admitting states within states except as approved
bills that could affect Puerto Rico’s political status include
by the state legislatures. As Article IV, Section 3 specifies
H.R. 2757; S. 2944; and S. 3231. During the 117th
Congress, the House passed Puerto Rico status bill H.R.
New states may be admitted by the Congress into
8393 in December 2022.
this union; but no new state shall be formed or
erected within the jurisdiction of any other state; nor
Potential Congressional Considerations
any state be formed by the junction of two or more
Each territory’s path to statehood (where applicable) has
states, or parts of states, without the consent of the
been unique, as has congressional consideration. History
legislatures of the states concerned as well as of the
suggests that the following factors, among others, could
Congress.
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
representation and inclusion and, if not, which change, if
In historical practice, at least six paths to territorial
any, would offer improvement;
statehood are commonly recognized:
•
•
popular support for a status change within a territory and
the union of the first 13 colonies;
whether that support is sufficient for Congress;
• presentation to Congress of a territory that is already
• how a territory’s status options were formulated and
organized like a state (commonly known as the
debated;
Tennessee Plan);
•
•
whether altering political status is in the national interest
annexation of an independent republic;
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 Jane A. Hudiburg;
The Tennessee Plan
• CRS In Focus IF11443, District of Columbia Statehood
and Voting Representation, by Joseph V. Jaroscak;
The Tennessee Plan method has attracted consistent
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;
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; and
generally has included the following elements:
• CRS Report R47747, Admission of States to the Union:
• drafting a state constitution;
A Historical Reference Guide, by Ben Leubsdorf,
•
Kathleen E. Marchsteiner, and Carol Wilson.
electing state officers;
• organizing a state-like territorial government;
R. Sam Garrett, Specialist in American National
•
Government
sending an elected “congressional” delegation to
Washington to lobby for statehood; and
IF11792
• Congress passing legislation admitting the territory as a
state.

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Statehood Process and Political Status of U.S. Territories: Brief Policy Background

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