Comment: Other states admitted on "equal footing"

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Other states admitted on "equal footing"

The genesis of this idea is that before a territory becomes a state, it is first a territory created by Congress. The Northwest Ordinance extended the protections of the Constitution into the territory that later became Ohio, Michigan, Indiana, Illinois, Wisconsin, and Minnesota. Once extended, it cannot be removed, see Balzac v. Porto Rico.

However, if the protections are not so extended, they don't exist, Ibid.

Other cases of import on this topic are Hooven and Allison v Evatt, and Downes v. Bidwell. After you have read those decisions, you will see the point that is being made.