353) Assume, for example, that state legislators responded to fiscal instability in a municipality in the following manner: forty percent of the legislators desired no tampering with the municipality's governance structure; forty percent desired requiring the municipality to move to a strong mayor model; and twenty percent favored disincorporating
the city and merging it with the county surrounding it.
concurring) ("Since [Everson], not one Member of this Court has proposed disincorporating
the [Establishment] Clause.
For example, the 'mandatory' requirement of at least majority shareholder voting on significant corporate transactions can be avoided by disincorporating
into a limited partnership.
Indeed, disincorporating the Establishment Clause is quite plausible as a matter of text and history.
Instead, I will explore the consequences that might follow from taking Justice Thomas's views on disincorporating the Establishment Clause seriously.
Between then and Lee, no member of the Supreme Court had proposed disincorporating
Second, if the Supreme Court recognizes its error, as it should, it will begin disincorporating
some of the improper due process requirements.
Although it seems unlikely that any court would take the drastic step of disincorporating
a state, it remains unclear what the exact effect of the invalidation of these admission act clauses would be.