This Note argues that, according to judicial interpretations of state and federal constitutions, Staten Island should be allowed to secede from New York City, regardless of the City's position. This Note begins by analyzing the background history of Staten Island's secession and New York City's formation leading up to this case. This Note then analyzes the issue of equal protection under the Fourteenth Amendment of the United States Constitution and Article I Section 11 of the New York Constitution. This Note then discusses the Home Rule Doctrine of the New York State Constitution. This Note concludes that, based upon federal and state case law, Staten Island can legally secede from New York City as long as the State Legislature supports the secession.
The Legality of Staten Island's Attempt to Secede from New York City,
19 Fordham Urb. L.J. 147
Available at: https://ir.lawnet.fordham.edu/ulj/vol19/iss1/5