Simone Lawson
There is an ongoing debate about whether Washington D.C. statehood requires a constitutional amendment. The national Republican Party opposes statehood and believes a constitutional amendment is necessary for D.C. to become a state. This stance is based on the argument that Congress does not have the authority to alter the status of the district constituting the seat of the U.S. government without a constitutional amendment. However, others argue that D.C. statehood does not require a constitutional amendment and that Congress has the authority to admit new states under the U.S. Constitution. The proposed Washington, D.C. Admission Act aims to create a state from the residential areas of D.C. while carving out an enclave for federal government buildings, addressing concerns about the independence of the national capital. The debate also involves discussions about the implications for the 23rd Amendment, which grants the federal district three electoral votes, and potential alternatives such as granting greater political autonomy to D.C. without full statehood.
| Characteristics | Values |
|---|---|
| Does statehood require a constitutional amendment? | Views vary. Some believe that a constitutional amendment is required for the district to become a state. Others argue that statehood does not require any new constitutional amendments. |
| What is the argument for requiring a constitutional amendment? | The 23rd Amendment, which grants District residents the right to participate in the election of the President and Vice President, strengthens the argument that transforming the District of Columbia into a new state would require a constitutional amendment. |
| What is the counterargument? | The Washington, D.C. Admission Act would create a state from the residential areas of D.C. and designate federal land, including the U.S. Capitol, the White House, and other federal buildings, as a separate federal district. This approach would not require amending the 23rd Amendment, as the federal district would still exist. |
| What are the political implications? | The Republican Party opposes statehood, characterizing congressional Democrats' attempts as an "unconstitutional power grab to gain two progressive Senate seats." |
| What are the historical perspectives? | For most of American history, advocates sought to provide District residents with suffrage through a constitutional amendment without changing the District's design. In 1980, District voters approved a ballot initiative for statehood, and a proposed constitution for a new state called "New Columbia" was ratified in 1982. |
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What You'll Learn
The Washington, D.C. Admission Act
The proposed statehood movement addresses concerns about the independence of the national capital by setting aside an enclave within the proposed state known as "The Capital." This enclave would serve as the new federal district and encompass key federal government buildings, including the White House, Capitol Building, and Supreme Court Building. The Act would also require Congress to address the repeal of the 23rd Amendment, which grants District residents the right to participate in the election of the President and Vice President. However, the actual repeal would still need to be approved by three-quarters of the states after the proposed amendment is approved by Congress.
The District of Columbia has a unique history in terms of its representation and governance. In 1801, Congress passed the District of Columbia Organic Act, which placed the District under the control of Congress. As a result, citizens living in the District were no longer considered residents of Maryland or Virginia and lost their representation in Congress. Over the years, there have been various efforts to provide District residents with voting rights and increase their local government control. In 1970, for example, the District of Columbia Delegate Act allowed for the election of a non-voting delegate to represent the District in the House of Representatives.
The push for statehood gained momentum in 2016 when Muriel Bowser, the mayor of the District, called for a referendum on admitting the District as a state. An overwhelming majority of 85.69% of voters approved the motion to petition Congress for admission. The proposed name for the new state was initially "New Columbia," but it was later changed to "State of Washington, D.C.," with "D.C." standing for "Douglass Commonwealth" in honour of Frederick Douglass, who lived in the District from 1877 to 1895.
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The 23rd Amendment
Prior to the 23rd Amendment, the Electoral College granted electors only to the states, not to territories or districts. This meant that Washington, D.C., despite being the seat of government, did not have any electors and was effectively denied a voice in presidential elections. The 23rd Amendment rectifies this by allowing the district to appoint electors for President and Vice President. The number of electors is equal to the number of Senators and Representatives in Congress that the district would have if it were a state. However, the amendment also stipulates that the district can never have more electors than the least populous state.
The push for the 23rd Amendment gained momentum in the early to mid-20th century, with increasing calls for Washington, D.C., to have electoral power. In 1888, a bill was introduced in Congress to grant the district voting rights in presidential elections, but it did not succeed. The idea of granting Washington, D.C., electoral votes gained support from journalists and members of Congress, and it became linked to the civil rights movement in the 1950s. The amendment was not seen as a partisan measure and received endorsement from President Dwight D. Eisenhower and both major party candidates in the 1960 presidential election.
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Congressional Republicans oppose statehood
Congressional Republicans have strongly opposed statehood bills that attempt to make Washington, D.C., a state without amending the Constitution first. They have characterized congressional Democrats' attempts to pass statehood through legislation as an ""unconstitutional power grab to gain two progressive Senate seats". Senate Republican leader Mitch McConnell has called D.C. statehood "full-bore socialism" and promised to object to any statehood push in the Senate.
Republicans argue that Washington, D.C., should not be granted full representation in Congress because of who they might elect. They claim that the bill is "all about Democrats adding two new progressive US Senators to push a radical agenda... to reshape America into the socialist utopia they always talk about". They further argue that the Founding Fathers never intended for Washington, D.C., to be a state.
However, critics argue that the Republican opposition to D.C. statehood is rooted in fear of admitting a state with a majority Black population and a Democratic stronghold. University of Virginia Center for Politics founder Larry Sabato stated that "anybody who would assume that race has dissipated as a factor in their evaluation of this bill is terribly naive".
Some Republicans have also made arguments against D.C. statehood that have been criticized as nonsensical, such as claiming that there are no car dealerships in the district. While others have pointed to the left-leaning voters who occupy the city, with GOP Rep. James Comer stating that "D.C. statehood is a key part of the radical leftist agenda to reshape America".
The question of D.C. statehood has become highly politicized, and it is unlikely to pass without Democratic control of the federal government.
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The Justice Department's stance
The Justice Department has consistently concluded that congressional representation for the District of Columbia requires a constitutional amendment. This stance is based on the argument that Congress's legislative authority over the District of Columbia does not extend to changing the District's status or size.
In 1978, Assistant Attorney General John Harmon testified before the Senate Judiciary Committee, expressing support for full voting representation for the District of Columbia but arguing that any method of achieving this, including statehood, would require a constitutional amendment. This position was reaffirmed by the Department of Justice's Office of Legal Policy in a 1987 report prepared for Attorney General Edwin Meese III.
While there are alternative proposals to grant greater political autonomy and voting representation to the District of Columbia, the Justice Department's consistent conclusion is that congressional representation and statehood require a constitutional amendment. This view is shared by the national Republican Party, which opposes statehood bills that attempt to bypass the constitutional amendment process.
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The Federalist Papers
Key themes within The Federalist Papers include the structure and powers of the federal government, emphasizing the necessity of a strong yet balanced framework. The essays argue that the Constitution establishes a national government capable of effectively addressing collective issues while respecting state sovereignty. Additionally, the papers discuss the necessity of a large republic to control factions (Federalist No. 10 by Madison), the reassurance of individual rights within the Constitution (Federalist No. 84 by Hamilton), and the principles of federalism (Federalist No. 39 by Madison).
Federalist No. 51, authored by Hamilton, provides a detailed explanation of the system of checks and balances. Hamilton's other contributions to The Federalist Papers include discussions on taxation, military defence, and the role of the judiciary within the federal system. Madison's essays, numbering 29, focus on the necessity of a strong union, the inadequacies of the Articles of Confederation, and the theoretical foundations of federalism. John Jay's five essays centre on foreign policy and the importance of unity in managing international relations.
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Frequently asked questions
The answer to this question is disputed. Some sources claim that a constitutional amendment would be required for DC to become a state, as Congress does not have the authority to alter the status of the district constituting the seat of the US government. However, other sources argue that statehood can be achieved through the Washington, D.C. Admission Act, which would create a new state while carving out an enclave for federal government buildings, thus avoiding the need for a constitutional amendment.
The argument for requiring a constitutional amendment is based on the interpretation that Congress does not have the authority to alter the status of the district constituting the seat of the US government without a constitutional amendment. This interpretation has been supported by the Justice Department and some political parties.
The argument against requiring a constitutional amendment is based on the interpretation that the Washington, D.C. Admission Act can create a new state while carving out a separate federal district, thus avoiding the need for a constitutional amendment. This interpretation is supported by organizations like DC Statehood Now, which claims that Congress has the authority to admit new states and has done so in the past.
