Other short titles Statehood Act of 1906 Public law 59-234 | Effective June 16, 1906 | |
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Long title An Act to enable the people of Oklahoma and of the Indian Territory to form a constitution and State government and be admitted into the Union on an equal footing with the original States; and to enable the people of New Mexico and of Arizona to form a constitution and State government and be admitted into the Union on an equal footing with the original States. Nicknames Oklahoma Enabling Act of 1906 Enacted by | ||
The Enabling Act of 1906, in its first part, empowered the people residing in Indian Territory and Oklahoma Territory to elect delegates to a state constitutional convention and subsequently to be admitted to the union as a single state.
Contents
The act, in its second part, also enabled the people of New Mexico Territory and of Arizona Territory to form a constitution and State government and be admitted into the Union, requiring a referendum to determine if both territories should be admitted as a single state.
Background
The Oklahoma Organic Act of 1890 contemplated admitting Oklahoma and Indian Territories as a single state. However, residents of Indian Territory sponsored a bill to admit Indian Territory as the State of Sequoyah, which was defeated in the U. S. Congress in 1905. President Theodore Roosevelt then proposed a compromise that would join Indian Territory with Oklahoma Territory to form a single state. This resulted in passage of the Oklahoma Enabling Act, which President Roosevelt signed June 16, 1906.
Requirements for the Oklahoma Constitution
The Act included several other requirements for the Oklahoma Constitution:
The constitution was written to meet these requirements. President Roosevelt proclaimed Oklahoma a state on November 16, 1907.
Equal footing doctrine
The requirement to keep Guthrie as the State's temporary capital was challenged in court after Oklahoma City, Oklahoma won the election and the capital was moved prematurely. Coyle v. Smith was the US Supreme Court Case that helped define the equal footing doctrine.
On December 29, 1910, the state of Oklahoma enacted a statute which removed the state capital from Guthrie to Oklahoma City. W.H. Coyle, owner of large property interests in Guthrie, sued the state of Oklahoma, arguing that the move was performed in violation of the state constitution's acceptance of the terms of Congress's enabling act.
The power given to Congress by Art. IV, ยง 3, of the Constitution is to admit new States to this Union, and relates only to such States as are equal to each other in power and dignity and competency to exert the residuum of sovereignty not delegated to the Federal Government.
The Supreme Court held that preventing the state of Oklahoma the right to locate its own seat of government deprived it of powers which all other states of the Union enjoyed, and thus violated the traditional constitutional principle that all new states be admitted "on an equal footing with the original states". As a result, the provision of the enabling act which temporarily restricted Oklahoma's right to determine where its seat of government would be was unconstitutional.