d from a foreign power.[226]
By the Joint Resolution of December 29, 1845, Texas "was admitted into
the Union on an equal footing with the original States in all respects
whatever."[227] Again and again, in adjudicating the rights and duties
of States admitted after 1789, the Supreme Court has referred to the
condition of equality as if it were an inherent attribute of the Federal
Union.[228] Finally, in 1911, it invalidated a restriction on the change
of location of the State capital, which Congress had imposed as a
condition for the admission of Oklahoma, on the ground that Congress may
not embrace in an enabling act conditions relating wholly to matters
under State control.[229] In an opinion, from which Justices Holmes and
McKenna dissented, Justice Lurton argued: "The power is to admit 'new
States into _this_ Union.' 'This Union' was and is a union of States,
equal in power, dignity and authority, each competent to exert that
residuum of sovereignty not delegated to the United States by the
Constitution itself. To maintain otherwise would be to say that the
Union, through the power of Congress to admit new States, might come to
be a union of States unequal in power, as including States whose powers
were restricted only by the Constitution, with others whose powers had
been further restricted by an act of Congress accepted as a condition of
admission."[230]

EARLIER SCOPE OF THE DOCTRINE

Until recently, however, the requirement of equality has applied
primarily to political standing and sovereignty rather than to economic
or property rights.[231] Broadly speaking, every new State is entitled
to exercise all the powers of government which belong to the original
States of the Union.[232] It acquires general jurisdiction, civil and
criminal, for the preservation of public order, and the protection of
persons and property throughout its limits except where it has ceded
exclusive jurisdiction to the United States.[233] The legislative
authority of a newly admitted State extends over federally owned land
within the State, to the same extent as over similar property held by
private owners, save that the State can enact no law which would
conflict with the constitutional powers of the United States.
Consequently it has jurisdiction to tax private activities carried on
within the public domain, if the tax does not constitute an
unconstitutional burden on the Federal Government.[234] Statutes
applicable to territories, e