Omar Bennett
The process of amending the US Constitution is a complex one, and it has only been amended 27 times. Article V of the Constitution grants Congress the authority to propose amendments, which must then be ratified by three-quarters of the states. This process is typically used when granting statehood to US territories like Puerto Rico, and it can take decades. The District of Columbia (D.C.), however, presents a unique case. As the seat of the federal government, D.C. cannot be transformed into a state or significantly reduced in size without a constitutional amendment. This is due to the 23rd Amendment, which grants D.C. residents the right to vote in presidential elections. While D.C. statehood proponents argue for greater representation, critics claim that it would be an unconstitutional power grab. The debate surrounding D.C. statehood highlights the complexities and challenges of amending the Constitution, and the potential impact on the nation's political landscape.
| Characteristics | Values |
|---|---|
| Authority to amend the Constitution | Article V of the Constitution |
| Amendment proposal | Congress with a two-thirds majority vote in both the House of Representatives and the Senate |
| Amendment ratification | Three-fourths of the States (38 of 50 States) |
| District of Columbia statehood | Requires a constitutional amendment |
| US territories statehood | Requires a referendum vote, majority support, and a form of government and constitution that complies with the US |
| State constitutional amendments | Easier to modify than the federal Constitution |
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What You'll Learn
District of Columbia statehood
The District of Columbia (DC) is not a state; it is a district. The creation of DC 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." Congress established the federal district in 1790 to serve as the nation's capital, from land belonging to the states of Maryland and Virginia.
The District of Columbia remains the seat of the federal government and, consequently, does not have voting representation in Congress. DC citizens have been denied full suffrage, and members have continued to propose bills to address congressional representation. The District of Columbia Delegate Act of 1970 allowed DC residents to elect a non-voting delegate to the House. The Home Rule Act of 1973 allowed them to elect their own mayor and a 13-member city council.
There are two sides to the argument of whether a constitutional amendment is required for DC statehood. Some argue that the District of Columbia cannot be transformed into a state or significantly reduced in size without a constitutional amendment. This is because the 23rd Amendment, ratified in 1961, provides for the District of Columbia to participate in the presidential election process. Without a constitutional amendment repealing the 23rd Amendment, the handful of residents in the "District constituting the seat of government" would control their own three electoral votes.
On the other hand, some argue that DC statehood is constitutional and does not require any new constitutional amendments. Congress has the authority to admit new states, and every state that has been admitted to the Union after the ratification of the Constitution in 1788 has been admitted by Congress. The Washington, DC Admission Act would create a state from the residential areas of DC and carve out federal land, including the US Capitol, the White House, and other federal buildings, as a separate and distinct federal district. The federal district would be two square miles and called the Capital. The 51st state, called the State of Washington, Douglass Commonwealth, would have no jurisdiction over the Capital.
The people of the District of Columbia have voted in support of statehood, approved a state constitution, a representative form of government, and the proposed boundaries. The next step is Congressional passage of statehood legislation such as the State of Washington DC Admission Act, which was introduced in the 117th Congress.
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The 23rd Amendment problem
The process of amending the US Constitution is a complex one, and it has only been amended 27 times. The Constitution provides that an amendment may be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. An amendment can also be proposed by a constitutional convention called for by two-thirds of the State legislatures. Once an amendment is proposed, it must be ratified by three-fourths of the States (38 out of 50) to become part of the Constitution.
The District of Columbia (D.C.) is not a state, and consequently, it does not have voting representation in Congress. There have been efforts to grant D.C. statehood, but these face significant barriers, including the requirement for a constitutional amendment. The 23rd Amendment, ratified in 1961, grants citizens of D.C. the right to vote in presidential elections. However, it does not provide voting representation in Congress.
The 23rd Amendment presents a unique problem in the path to D.C. statehood. If D.C. were to become a state, the small "District constituting the seat of government" would still need to be retained. This is because the federal government needs to be free from the influence of any one state, as intended by the framers of the Constitution. Without a constitutional amendment repealing the 23rd Amendment, this small district would control its own three electoral votes, which is an issue for those advocating for "fair representation".
Some have argued that the district could be shrunk to a very small area, essentially the National Mall, to allow most of D.C. to become a new state. However, this would still not address the impact of the 23rd Amendment, and it would ignore the historical intention of keeping the federal government independent. Professor Raven-Hansen has suggested that residents of the federal enclave could be defined as residents of New Columbia for voting purposes, but this approach has been criticized as creating another constitutional problem.
In conclusion, the path to D.C. statehood is complex and requires addressing the 23rd Amendment problem. Without a constitutional amendment, the district's lack of voting representation in Congress will persist, and the issue of "fair representation" in presidential elections will remain unresolved.
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Constitutional barriers to legislated D.C. statehood
The debate surrounding D.C. statehood has been a long-standing one, with proponents and opponents presenting various constitutional arguments for their respective cases.
One of the key constitutional barriers to D.C. statehood is the District Clause (Article I, Section 8, Clause 17) of the Constitution, which grants Congress exclusive legislative power over the District of Columbia. This clause establishes that Congress has the power to "exercise exclusive legislation in all cases whatsoever" over the District, which has been interpreted by the Supreme Court as giving Congress permanent and plenary authority. This means that any legislation regarding the District, including its potential statehood, would require congressional approval.
Another constitutional issue arises from the 23rd Amendment, which was added to the Constitution in 1961 to grant the District of Columbia three electoral votes in presidential elections. If D.C. were to become a state, the remaining federal district encompassing the White House, Congress, and other federal buildings, would still retain these three electoral votes. This could result in the president and their family, as residents of the resized federal district, having the same number of electoral votes as a small state, which some argue is not a true representation.
Furthermore, there is a question of whether D.C. statehood would require a constitutional amendment, as some opponents argue. The Justice Department, under both Democratic and Republican administrations, has maintained that a constitutional amendment is necessary for D.C. statehood, and it cannot be achieved through a simple majority vote in Congress. This is because the District was created from land ceded by Maryland and Virginia, and its unique status as the seat of the federal government.
However, proponents of D.C. statehood argue that Congress has the authority to admit new states through legislation, and a constitutional amendment is not required. They point to the fact that Congress has already reduced the size of the District in the past and can do so again, creating a new state from most of the current District while retaining a smaller federal district.
Additionally, there is the issue of representation for D.C. residents. The Founding Fathers envisioned full voting rights for D.C. residents, yet the current structure denies them voting representation in Congress, leading to the well-known slogan, "End Taxation Without Representation."
In conclusion, while there are constitutional barriers and complexities surrounding D.C. statehood, some of these issues may be addressed through legislation and congressional action. The debate continues, with strong arguments on both sides, and the ultimate path to D.C. statehood remains uncertain.
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The certification process
Once an amendment is proposed, it is forwarded to the National Archives and Records Administration (NARA), specifically to the Office of the Federal Register (OFR) for processing and publication. The OFR adds legislative history notes and publishes the proposal in slip law format, along with an information package for the states. This package includes formal "red-line" copies and copies in slip law format.
The next step is for the states to ratify the amendment. This involves each state's legislature voting on the proposed amendment. For an amendment to be ratified, it must be approved by three-fourths of the states (38 out of 50). The OFR verifies the receipt of authenticated ratification documents and then drafts a formal proclamation for the Archivist to certify the amendment's validity. This certification is published in the Federal Register and U.S. Statutes at Large, serving as official notice to Congress and the nation that the amendment is now part of the Constitution.
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The process for U.S. territories to obtain statehood
Firstly, a territory should hold a referendum vote to determine the desire of its residents for statehood. If a majority of the population is in favour, the territory can then petition the U.S. Congress for statehood. Congress typically sets a minimum population requirement for territories applying for statehood and is under no constitutional obligation to grant it, even if the territory's population desires it.
The territory must also adopt a form of government and constitution that complies with U.S. law. This includes ensuring that the territory's constitution is ratified by its voters. This step is important because it demonstrates the territory's commitment to democracy and self-governance, which are fundamental principles of the United States.
Additionally, the territory should ensure that its petition for statehood is supported by a majority of Congress, which can propose an amendment with a two-thirds majority vote in both the House of Representatives and the Senate. This amendment process is detailed and requires the involvement of the Archivist of the United States and the Director of the Federal Register. Once the amendment is ratified by three-fourths of the States, it becomes part of the Constitution, and the territory officially achieves statehood.
It is worth noting that there are unique considerations for the District of Columbia (D.C.) when it comes to statehood. D.C. is the seat of the federal government and does not have voting representation in Congress. Gaining statehood for D.C. would require a constitutional amendment, and there are various proposals and debates surrounding this issue, including the idea of carving out a smaller federal district.
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Frequently asked questions
The U.S. Constitution does not outline the process by which U.S. territories gain statehood. However, Congress typically requires territories applying for statehood to meet certain requirements, such as having a minimum population and providing evidence that most residents want statehood. While Congress is not constitutionally obligated to grant statehood, it has followed a general procedure when territories have sought it. Therefore, a constitutional amendment is not required for a territory to gain statehood.
Yes, the District of Columbia (D.C.) cannot be transformed into a state without a constitutional amendment. The Justice Department has consistently agreed that D.C. statehood requires a constitutional amendment and cannot be achieved through a majority vote in Congress.
There are several constitutional barriers to D.C. statehood without an amendment. Firstly, Article 1, Section 8 of the Constitution grants permanent congressional power over the District. Secondly, the 23rd Amendment allows D.C. residents to participate in the presidential election process, and repealing this amendment is necessary to address the "shrinkage plan" for D.C. statehood. Lastly, the current constitution of D.C. has never been ratified by voters, which is a unique challenge.
Congress plays a significant role in the statehood process. Territories seeking statehood typically hold a referendum vote, and if a majority favours statehood, they petition Congress. Congress then decides whether to grant statehood, and the territory must adopt a form of government and constitution compliant with U.S. laws. Congress is not obligated to grant statehood, even if a territory meets the requirements.
The debate around D.C. statehood has political implications. Support for D.C. statehood is primarily from Democrats, and Republicans oppose it, arguing that a constitutional amendment is necessary. Republicans have characterised the D.C. statehood bill as an "unconstitutional power grab" to gain progressive Senate seats. If D.C. becomes a state, it will be the first with a plurality of Black residents, shifting the political landscape.
