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Is it permissible for two states in USA to merge into one state and if so, what is the required process?

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  • Other than the text of Article IV, is there anything that you would consider relevant? It's not as though the issue has come up, and all other places I can find answer this question only refer to Article IV as well.
    – Publius
    Commented Dec 15, 2015 at 13:21
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    The incentives are against merging. Even if states had a lot in common, merging would decrease their representation in the Senate by 50% and in the College of Electors by 2 votes, at least. At best the situation in congress would be a wash.
    – The Pompitous of Love
    Commented Dec 16, 2015 at 19:52

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Article IV of the constitution covers new states, its pretty straightforward.

New States may be admitted by the Congress into this Union; but no new States shall be formed or erected within the Jurisdiction of any other State; nor any State be formed by the Junction of two or more States, or parts of States, without the Consent of the Legislatures of the States concerned as well as of the Congress. (src)

Yes two states can merge into one state, so long as all the following are met.

  • Both State legislatures agree to merge.
  • Congress agrees that the states should merge.

No states have ever merged so there isn't much more to add.

The constitution isn't specific beyond consent, like in other areas; in the treaties clause, two thirds is specified. As congress is allowed to make their own rules, their consent can be whatever they want it to be. They could even make it a rule that they automatically consent. Passing a law isn't necessary as the president's consent is meaningless in this case, though it would likely make any legal challenges that congress failed to consent nearly impossible.

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  • What form of Congressional consent? Majority vote?
    – user4012
    Commented Dec 15, 2015 at 19:21
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    @user4012 Since Congress expresses its will to create states and to modify boundaries thereof by passing a law (which also requires Presidential consent or a veto override) it seems reasonable that a law merging two or more states would be in order.
    – Monty Harder
    Commented Dec 15, 2015 at 19:34
  • I would be really surprised, what the congress can not do. Logic dictates it should not be able to alter anything related to its re-election.
    – Gray Sheep
    Commented Aug 3 at 11:52

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