Dc's Statehood: No Amendment Needed

The District of Columbia (DC) is not a state but a district, and its creation is a result of the US Constitution, which mandates that the district will be under the jurisdiction of Congress. While DC has been pushing for statehood, it cannot become a state without a constitutional amendment as the Constitution limits what Congress can do to change its status. However, there is a plan to sidestep this requirement by creating a new state from most of the current DC district, leaving a tiny area comprising federal buildings as the new DC district.

Explore related products

Whitman Classic® Coin Album - Statehood, D.C. & Territorial Quarters: 1999-2009 (P & D Mints)

$40.71 $59.95

D.C. statehood

$21.99

Whitman Classic® Coin Album - Statehood, D.C. & Territorial Quarters: 1999-2009 (Single Mint)

$40.15 $45.95

D.C. statehood

$41.99

West Virginia, the centennial of statehood, 1863-1963; an exhibition in the Library of Congress, Washington, D.C., December 12, 1963, to December 11, 1964. 1964 [Leather Bound]

$15.99

From A to D.C. - Color and Learn About The 50 States Of America (and Washington D.C.): Coloring Pages with Facts About Each Of The 50 States And Washington D.C.

$6.99

The District of Columbia is a creation of the Constitution

The District of Columbia, or Washington, D.C., is not a state but a federal district. Its creation stems directly from the US Constitution, which outlines the establishment of a federal capital district that is not part of any state. Article I, Section 8, Clause 17 of the Constitution grants Congress "exclusive" legislative power over the district, which is limited to a Seat of the Government of the United States not exceeding 10 miles square in area. This land was ceded by the states of Maryland and Virginia, and the district was formally established by Congress in 1790 through the Residence Act.

As a creation of the Constitution, the path to statehood for the District of Columbia presents unique challenges. Some argue that a constitutional amendment is necessary to grant the district statehood. This is because the Constitution explicitly limits Congress's power to alter the status of the district. However, others propose a plan that would create a new state, named "Washington, Douglass Commonwealth," from most of the current district's land. This plan aims to bypass the need for a constitutional amendment by excluding the seat of the federal government from the new state.

The push for D.C. statehood has gained momentum, with residents of the district advocating for full political representation and autonomy. In 1980, voters approved the creation of a constitution for a proposed new state, which was ratified in 1982. The proposed state, named "New Columbia," included the selection of a shadow congressional delegation to lobby for statehood. While a statehood bill has been introduced annually since 1993, it has yet to reach a vote. The current plan for statehood, the Washington D.C. Admission Act, has been introduced in both the Senate and the House, with the support of co-sponsors from multiple states.

The District of Columbia's unique status as a creation of the Constitution has resulted in a complex path towards statehood. While there are legal and political obstacles, the efforts for D.C. statehood continue to gain support and momentum. The next steps include passing the Washington D.C. Admission Act through Congressional passage and gaining the support of the President. If successful, the new state would be named "Douglass Commonwealth," retaining the DC abbreviation and honoring social reformer and abolitionist Frederick Douglass.

A constitutional amendment is required to make DC a state

The District of Columbia (DC) is not a state but a district. Its creation was outlined in the US Constitution, which states that the district would "'become the Seat of the Government of the United States." The Constitution grants Congress "exclusive" legislative power over the district, and as such, Congress would need to pass a constitutional amendment to make DC a state.

The Twenty-third Amendment to the US Constitution, ratified in 1961, gives Washington three electoral votes for the president and vice president. This amendment has been cited as a reason why DC cannot become a state without a constitutional amendment. However, some argue that the existence of the amendment does not preclude admitting DC as a new state.

The State of Washington DC Admission Act has been introduced in Congress, with the plan to create a new state called "Douglass Commonwealth" out of a land grant from the federal government, consisting of most of the current District of Columbia. This plan would avoid making the seat of the federal government a state, and therefore sidestep the need for a constitutional amendment. However, it creates new constitutional questions, such as how land can leave the district and whether Maryland would have to consent to the land being granted to a new state.

While there is a push for DC statehood, there are also practical and legal problems that need to be considered. A constitutional amendment would be necessary to grant DC itself statehood, and as such, the current plan is to create a new state from most of the land in the current district. This plan has been criticised as constitutionally vexing and highly unusual, and it remains to be seen if it will be successful.

The 23rd Amendment and District Clause may prohibit statehood

The 23rd Amendment and District Clause may prohibit DC statehood. The Twenty-third Amendment to the United States Constitution, ratified in 1961, treats the District of Columbia as a state for the purposes of presidential elections. However, it stipulates that the district cannot have more electoral votes than the state with the least number of electors. This amendment could create issues with the Electoral College votes for a potentially shrunken federal district if DC were to become a state.

The District Clause, or Article I, Section 8, Clause 17 of the Constitution, grants Congress "exclusive" legislative power over the District of Columbia, which is limited to "ten miles square" and serves as the seat of the US government. The District Clause's broad language gives Congress significant leeway in altering the federal district's contours. However, some argue that the 23rd Amendment and the District Clause prohibit DC statehood, requiring a constitutional amendment to grant statehood.

Opponents of DC statehood argue that the District Clause and the 23rd Amendment prohibit DC from becoming a state without a constitutional amendment. They contend that the District Clause's grant of exclusive legislative power to Congress over the District of Columbia limits the possibility of statehood without a constitutional amendment. Additionally, the 23rd Amendment's provision on electoral votes for the district further complicates the path to statehood.

However, supporters of DC statehood argue that the existence of the 23rd Amendment does not preclude admitting DC as a new state. They contend that Congress has the authority to repeal the 23rd Amendment, and its presence does not inherently prevent DC from achieving statehood. While the District Clause grants Congress significant power over the district, supporters argue that Congress has the authority to redefine the district's borders and that the current plan for statehood does not technically grant statehood to the District of Columbia but creates a new state from most of its land.

The debate over the interpretation of the 23rd Amendment and the District Clause highlights the complexities surrounding DC statehood. While opponents argue that these constitutional provisions prohibit statehood without a constitutional amendment, supporters counter that the path to statehood is legally viable and does not require directly granting statehood to the District of Columbia as currently established.

Explore related products

Rethinking Statehood in Palestine: Self-Determination and Decolonization Beyond Partition (New Directions in Palestinian Studies) (Volume 4)

$34.95 $12.99

The Labor Legislation of Utah: With Special Reference to the Period of Statehood

$14.95

Contested Statehood: Kosovo's Struggle for Independence

$56.96 $145

Stste of Washington. Enabling Act and State Constitution with Side Notes and Index

$13.95

The Oklahoma Red Book

$51.95

The Legal Consequences of Limited Statehood: Palestine in Multilateral Frameworks

$53.19 $55.99

Democrats' plan: create a new state from most of the current DC

The District of Columbia (DC) is a creation of the US Constitution, which limits what Congress can do to change its status without a constitutional amendment. As a result, a constitutional amendment would be required to make the District of Columbia, as it currently stands, a state. Given the unlikelihood of this, Democrats in Congress have proposed an alternative plan for DC statehood.

The plan would not technically grant statehood to DC. Instead, it would establish a new state, called Washington, Douglass Commonwealth, from a land grant from the federal government made up of most of the current District of Columbia. The remaining District of Columbia would be minuscule, consisting of a few federal buildings, including the Capitol and the White House.

The State of Washington DC Admission Act, which proposes this plan, has been introduced in both the Senate and the House with multiple co-sponsors from various states. The bill would carve out a 2-mile radius to be designated as the National Capital Service Area, encompassing federal buildings such as the White House, Capitol, Supreme Court, and National Mall. This area would become the seat of the federal government as defined in the Constitution. The remainder of Washington, DC, would then become the 51st state.

The plan has raised some constitutional questions. For instance, the Constitution outlines how land can enter the possession of the District of Columbia but not how it can leave. While some argue that this implies Congress can give the land back, the Admissions Clause only gives Congress the authority to admit new states, not expel or secede them. Furthermore, the 23rd Amendment creates complexities with the Electoral College votes for the hypothetical reduced federal District of Columbia.

Support for DC statehood has been expressed by Democrats, who have defended DC's right to political self-determination and criticised Republicans for obstructing the district's efforts to address crime and denying its residents voting representation in the national legislature. In 2016, a referendum on statehood was held, with 86% of DC residents voting in favour.

Congress has the authority to redefine the borders of the federal district

The District of Columbia is a creation of the US Constitution, which limits what Congress can do to change its status without a constitutional amendment. Article I, Section 8, Clause 17 of the Constitution establishes Congress's \"exclusive\" legislative power over the District, which cannot "exceed ten miles square" and is to be the "seat of the government of the United States."

However, Article I, Section 8, also sets a maximum size for the federal "Seat of the Government of the United States," indicating that Congress has the authority to redefine the borders of the federal district. Indeed, Congress has done so in the past. In 1846, for example, a portion of the original territory of the District of Columbia west of the Potomac River was returned to Virginia.

The current plan for DC statehood involves creating a new state from most of the current District of Columbia. This plan would avoid making the seat of the federal government a state, thereby sidestepping the need for a constitutional amendment. The remaining District of Columbia would be tiny, consisting of several federal buildings, including the Capitol and White House.

This plan, however, raises some constitutional questions. While the Constitution outlines how land can enter the possession of the District of Columbia, it does not specify how land can leave it. Some legal scholars argue that the Admissions Clause, which gives Congress the power to admit new states, does not grant it the power for expulsion or secession. Additionally, the 23rd Amendment, which grants the District electoral votes for the president and vice president, would create issues with the Electoral College votes for the hypothetical shrunken federal District of Columbia.

Frequently asked questions