Q: Can Congress and President overthrow the Constitution by 1859 act of statehood for Oregon?
Previous answer missed the point - void ab initio not a State question! Or. A. I, 21 impairment as allows for rule by law. “ANY SOCIETY THAT WOULD GIVE UP A LITTLE LIBERTY TO GAIN A LITTLE SECURITY WILL DESERVE NEITHER AND LOSE BOTH” - Franklin. Cohens vs. Virginia, 19 U.S. 264: The constitution and laws of a state, so far as they are repugnant to the Constitution and Laws of the United States, are absolutely void. Hence, Congress unconstitutional err (statehood ACT of 1859) void in its entirety, or there would be no end to political departments Actors’ mischief.
A:
The Act of Statehood for Oregon in 1859, like all acts of Congress, is subject to the Constitution of the United States. The principle established in Cohens v. Virginia asserts that state laws and constitutions are void if they conflict with the U.S. Constitution and federal laws pursuant to it. This principle applies equally to acts of Congress.
The power of Congress and the President to make laws and take actions, including admitting new states, is constrained by the Constitution. If an act, such as the statehood act of Oregon, were found to be unconstitutional, it would be void. However, the declaration of an act as unconstitutional requires judicial review, typically by the Supreme Court of the United States.
It's important to recognize that the admission of a state involves a complex legislative process and is not solely an act of Congress but also involves approval by the President. To date, there has been no successful legal challenge to Oregon's statehood.
If you believe that an act of Congress, such as the statehood of Oregon, violates the Constitution, the appropriate course of action would be to seek a judicial determination of this issue. This often starts with filing a lawsuit in federal court. However, challenging the constitutionality of a state's admission to the Union would be a significant legal endeavor with many complexities.
In addressing concerns about constitutional violations or the legality of legislative actions, it's crucial to engage with the legal system through established processes. This often involves the courts interpreting and applying constitutional principles to specific cases and controversies.
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