Malcolm Rivera
Washington, DC, isn't a state; it's a district. DC stands for District of Columbia. Its creation comes directly from the US Constitution, which provides that the district, not exceeding 10 Miles square, would become the Seat of the Government of the United States. While DC operates as a state in many ways, it lacks voting representation in Congress. Over the years, DC's residents have campaigned to secure the same voting rights enjoyed by citizens of states. The question of whether a constitutional amendment is needed to make DC a state is a subject of debate. Some argue that the 23rd Amendment, which gives the district electoral votes, prohibits statehood. Others claim that the district lacks the population and resources necessary for a state. However, proponents of statehood argue that the 23rd Amendment does not preclude admitting DC as a new state, and that the district has a similar population to several states and has demonstrated its ability to handle its own affairs.
| Characteristics | Values |
|---|---|
| DC statehood is constitutional | Yes |
| DC statehood requires a constitutional amendment | Yes, according to some sources |
| DC statehood requires a constitutional amendment | No, according to some sources |
| DC has a population of | 670,000 as of 2021 |
| DC has a population of | 712,000+ |
| DC residents have voting rights | No |
| DC residents have voting representation in Congress | No |
| DC residents have voting representation in presidential elections | Yes, since 1961 |
| DC has a state constitution | Yes |
| DC has a representative form of government | Yes |
| DC has approved proposed boundaries | Yes |
| DC has a AAA bond rating | Yes |
| DC has a diverse group of residents | Yes |
| DC has a balanced budget | Yes |
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What You'll Learn
The 23rd Amendment and the right to vote
The 23rd Amendment, passed in 1961, gave citizens of Washington, D.C., the right to vote in federal elections for the President and Vice-President of the United States. Before the Amendment, citizens of the District of Columbia could not vote in federal elections because it is not a state. From 1790 to 1961, its residents were unable to vote for the President, Vice-President, Members of the House of Representatives, or the Senate.
The Amendment states:
> The District constituting the seat of government of the United States shall appoint in such manner as the Congress may direct: A number of electors of President and Vice President equal to the whole number of Senators and Representatives in Congress to which the District would be entitled if it were a State, but in no event more than the least populous State; they shall be in addition to those appointed by the States, but they shall be considered, for the purposes of the election of President and Vice President, to be electors appointed by a State; and they shall meet in the District and perform such duties as provided by the twelfth article of amendment. The Congress shall have the power to enforce this article by appropriate legislation.
The 23rd Amendment does not make the District a State or grant it the attributes of a State. Congress still exercises authority over the District under the District Clause. However, in passing the Amendment, Congress recognised that citizens of the District of Columbia had all the same obligations as citizens of other states.
Some have argued that the 23rd Amendment prohibits D.C. statehood because it authorises Congress to grant electoral votes to the district. However, constitutional scholars argue that the existence of the Amendment does not preclude admitting D.C. as a new state. While it may be appropriate for Congress to repeal the Amendment once D.C. becomes a state, this is not a requirement.
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Congressional representation
The question of whether a constitutional amendment is necessary to make Washington, DC a state is a highly contested issue.
The District of Columbia (DC) is not a state; it is a district. Its creation is enshrined in the US Constitution, which provides that the district would "become the Seat of the Government of the United States". The Constitution dictates that the federal district be under the jurisdiction of Congress, and Congress has the authority to redefine the borders of the federal district.
DC residents have long campaigned for the same voting rights enjoyed by citizens of states. In 1960, Congress approved the 23rd Amendment, which allowed DC citizens to vote in presidential elections. However, DC continues to lack a vote in Congress and is deprived of other attributes of statehood and full control of its own government.
Some argue that DC cannot become a state without a constitutional amendment. They claim that the 23rd Amendment, which gives Congress the power to grant electoral votes to the district, prohibits statehood. Additionally, Article I, Section 8 of the Constitution grants permanent congressional power over the district. There is also the issue of Maryland's intent in ceding the land for the district, as it was not intended to become a state.
However, others disagree, arguing that the 23rd Amendment does not preclude admitting DC as a new state. They point out that Article IV, Section 3 of the Constitution provides that Congress may admit new states to the Union, which has been done 37 times since the Constitution was adopted. The Washington, DC Admission Act, or H.R. 51, would shrink the national capital to a small complex of federal buildings, while allowing the rest of the district to become a state. This plan preserves the federal enclave and escapes the need for a constitutional amendment.
The people of DC have voted in support of statehood and approved a state constitution, a representative form of government, and the proposed boundaries. Congressional passage of statehood legislation, such as the State of Washington DC Admission Act, is the next step.
While there are differing opinions on whether a constitutional amendment is necessary, it is clear that the residents of DC seek full autonomy and the right to representation enjoyed by Americans living in the 50 states.
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The need for Maryland's permission
The District of Columbia (DC) was formed from land that was originally part of Maryland and Virginia. In 1790, Maryland and Virginia ceded this land to the federal government for the purpose of creating a federal district for the new national capital. This was done through the District Clause of the US Constitution, which dictates that the district "not exceeding 10 Miles square," would "become the Seat of the Government of the United States."
The question of whether Maryland's permission is needed for DC to become a state is a matter of debate. Some argue that since Maryland contributed the land for the specific purpose of creating a government district, its intent would be violated if that land were to become a state. In this case, Maryland's permission would be required for DC statehood.
However, others propose that only a portion of the Maryland land would continue to be a federal enclave, with the bulk of the land becoming a state. In this scenario, it could be argued that Maryland's intent would not be violated, and its permission may not be strictly necessary.
It is worth noting that there is historical precedent for returning land originally ceded for the District of Columbia back to the original states. In the 1840s, the portion of the district that had been ceded by Virginia was returned and became known as Arlington and Alexandria. This process is known as retrocession, and it has been suggested as a possible solution for providing DC residents with full voting representation in Congress and returning local control of the district to its residents.
In recent years, there have been discussions about the possibility of DC rejoining Maryland as a way to address concerns about democracy and self-government. This idea, known as retrocession, has gained some support, particularly among Republicans who may see it as a way to slow the march to DC statehood. However, it has also been met with resistance, especially from local die-hards.
Overall, the need for Maryland's permission for DC statehood remains a complex and controversial issue, with legal and political implications that are still being debated.
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The population and resources of DC
Opponents of DC statehood have argued that the district lacks the population and resources necessary for a state. However, as of 2021, DC's population of over 670,000 is comparable to that of seven states. The district has also demonstrated its ability to manage its affairs.
The population of DC swells by an estimated 71.8% during the workweek, with commuters from the suburbs, resulting in a daytime population of over one million people. The Washington Metropolitan Area, encompassing neighbouring counties in Maryland and Virginia, is the eighth-largest in the US, with a population of over five million. When Baltimore and its suburbs are included, the Baltimore-Washington Metropolitan Area has a population of more than eight million, making it the fourth-largest in the country.
DC is one of the most diverse areas in the US, with people from over 170 nationalities and ethnic groups. The district has a significant Black population, with nearly half of its residents being African Americans. However, in recent decades, gentrification has led to a shift, with many middle-class and professional African Americans moving to the suburbs, particularly in Maryland and Northern Virginia. Despite this, regional Black population growth continues due to migration from the Caribbean, Africa, and other parts of the US.
The district also has a substantial Caribbean population, with an estimated 83,400 Caribbean-born people in the greater Washington, DC, area. The largest groups are from Jamaica, Trinidad and Tobago, the Dominican Republic, Haiti, and Cuba. The Hispanic population in DC is also notable, comprising around 11% of the population, according to the 2017 American Community Survey.
In terms of resources, DC residents pay more in federal taxes per person than any other state. However, they lack voting representation in Congress and full control of their local government. The Home Rule Act allows Congress to review and nullify any legislation passed by the district's local government.
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The District Clause and the size of the federal government
The District Clause, outlined in Article I, Section 8, Clause 17 of the US Constitution, grants Congress the power to establish a federal district as the seat of government. The Clause states that Congress has the authority to "exercise exclusive Legislation in all Cases whatsoever" over a district "not exceeding ten Miles square," that is formed from land ceded by specific states.
The need for a separate federal district, free from state interference, became evident after the 1783 attack on the Continental Congress by soldiers from the Continental Army in Philadelphia. This event, known as the Pennsylvania Mutiny, highlighted the need for a federal seat of government that could provide for its own maintenance and security.
The District of Columbia Organic Act of 1801 officially established the District of Columbia as the federal district and placed it under the exclusive control of Congress. The Act structured the District into different cities, including Washington and Georgetown, and it revoked the voting rights of its residents, who were previously citizens of Maryland and Virginia.
The District Clause has been interpreted to mean that Congress has plenary powers over the District of Columbia, including the authority to govern its local affairs and overturn local laws. This has resulted in limited self-governance for the District, with Congress maintaining the power to review and nullify any legislation passed by the local government.
If the District of Columbia were to become a state, Congress would no longer have exclusive authority over it, and residents would gain full voting representation in Congress, including the Senate. This change in status would reduce the size of the federal government's direct jurisdiction and authority. However, some opponents of DC statehood argue that it would violate the District Clause and erode the principle of a separate federal district as the seat of government.
While there are constitutional considerations, some scholars argue that making DC a state would not violate the District Clause or the 23rd Amendment. They suggest that the 23rd Amendment, which grants Congress the power to grant electoral votes to the district, could be repealed or reviewed once DC becomes a state.
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Frequently asked questions
There is no clear answer to this question. Some argue that the 23rd Amendment, which gives the district three electoral votes for the president and vice president, prohibits DC from becoming a state. However, others claim that the existence of the 23rd Amendment does not preclude admitting DC as a new state.
The 23rd Amendment was added to the Constitution in 1961 to expand voting rights and give people living in the Federal District three electoral votes for the president.
Proponents of DC statehood argue that the district's population—over 670,000 as of 2021—is roughly similar to that of seven states. They also highlight that DC has a diverse population, with 47% Black or African American, 41% White, 4% Asian, and 11% Hispanic. Additionally, DC has a AAA bond rating, a rating higher than 35 states, and has balanced its budgets for at least 20 years.
Opponents of DC statehood argue that the district lacks the population and resources necessary for a state. They also claim that DC is too corrupt and financially dependent on the federal government to become a state.
