Legal Definitions - equal-footing doctrine

The equal-footing doctrine is a fundamental principle in U.S. constitutional law that ensures every state admitted to the Union after the original thirteen states possesses the same legal rights, powers, and authority within its own borders as those original states. This means new states are not subordinate to older states but stand as their equals in terms of sovereignty and governmental jurisdiction.

Here are some examples to illustrate this doctrine:

• Control over Submerged Lands: When Oregon was admitted to the Union in 1859, the equal-footing doctrine immediately granted it ownership and control over the submerged lands beneath its navigable rivers, lakes, and coastal waters, just as the original thirteen states had. This meant Oregon, not the federal government, gained the primary authority to regulate activities such as commercial fishing, mineral extraction, or the construction of docks in these areas. This demonstrates Oregon's equal sovereign power over its territory, mirroring the rights of older states like Virginia or Massachusetts.

• Establishing State-Specific Laws: Upon its admission in 1890, Idaho gained the same inherent right as any of the original states to establish its own unique state laws regarding matters like property rights, criminal justice, or education. For instance, Idaho could enact specific regulations concerning water rights that reflect its unique geography and agricultural needs, without needing federal approval beyond what any other state would require. This illustrates that Idaho's legislative authority is on par with that of the original states, allowing it to govern its internal affairs independently.

• Taxation Authority: When Alaska became a state in 1959, the equal-footing doctrine guaranteed that it possessed the same inherent power to levy taxes on its residents and businesses, and to establish its own state tax structure, as any of the original thirteen states. This meant Alaska could implement a state income tax, sales tax, or property tax system, and collect revenue to fund its state services, without any federal limitations that wouldn't also apply to an older state like Pennsylvania. Its fiscal sovereignty is therefore equal to that of all other states.