Eleanor Finch
The District of Columbia (DC) is a federal district that serves as the capital of the United States of America. DC residents are entitled to the guarantees of the US Constitution, including the right to trial by jury and presentment by a grand jury. However, DC is not a state and does not have full representation in the US Congress. The 23rd Amendment to the US Constitution, adopted in 1961, grants DC residents the right to participate in presidential elections and provides the district with electors in the Electoral College. DC's path to statehood has been a topic of debate, with some arguing that it would require a constitutional amendment and that it may give the district disproportionate influence over the federal government.
| Characteristics | Values |
|---|---|
| DC residents' voting rights | DC residents can vote in presidential elections since the 23rd Amendment to the US Constitution was adopted in 1961. However, they have no representation in the Senate and cannot vote on bills in the House of Representatives. |
| DC's status as a state | DC is not a state and is separate from Maryland and Virginia. It is the federal capital city and functions as a territory. DC residents have voted in support of statehood and have approved a state constitution, but the path to statehood faces opposition and requires Congressional approval. |
| Governance of DC | Congress has exclusive jurisdiction and legislative power over DC, but has delegated some powers to an elected local government. |
| Constitutional rights | DC residents are entitled to the guarantees of the US Constitution, including the right to trial by jury and presentment by a grand jury. |
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What You'll Learn
The 23rd Amendment to the US Constitution
The 23rd Amendment was proposed by the 86th Congress on June 16, 1960, and ratified by the requisite number of states on March 29, 1961. The Amendment grants Congress the power to determine how the District of Columbia's electors are appointed. In October 1961, Congress enacted legislation to amend the DC Code by providing that the District's electors should be appointed based on a popular vote, with all electors awarded to the presidential ticket that prevailed in the ballot. The first presidential election in which the District of Columbia participated was in 1964. Since then, the District of Columbia has consistently had three members in the Electoral College, the constitutionally implied minimum number it is entitled to.
The 23rd Amendment did not grant the district voting rights in Congress, nor did it give the district the right to participate in the process that allows the Constitution to be amended. A constitutional amendment to do this was proposed by Congress in 1978, but not enough states ratified it for it to be adopted. The District of Columbia Delegate Act, signed by President Nixon in 1970, authorized voters in the district to elect one non-voting delegate to represent them in the House of Representatives.
In the decades following the 23rd Amendment, D.C. gained more political autonomy through the Council of the District of Columbia, the governing body in charge of the federal district under the executive rule of Congress. Through the 1970s and 1980s, the political affiliation of D.C.'s voters shifted from relatively balanced to predominantly Democratic, making the district a near-constant consistent electoral pool for the party in elections. In more recent years, a movement calling for D.C. to be accepted as a state has emerged, with supporters arguing that the 23rd Amendment and the 1973 Home Rule Act were precedents for granting the district electoral power. Opponents of D.C. statehood argue that it would give the Democratic Party an unfair advantage in elections.
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DC residents' voting rights
The voting rights of citizens in the District of Columbia differ from those of citizens in the 50 US states. The US Constitution grants each state voting representation in both houses of the US Congress, but it does not grant the federal district any voting representation in Congress. The Constitution grants Congress exclusive jurisdiction over the District in "all cases whatsoever".
The District of Columbia has some of the most inclusive voter laws in the country. Voters can register in person, by mail, or online, and they can cast a ballot in person, by mail, or at a drop box. Additionally, residents convicted of felonies never lose their right to vote, even while incarcerated. DC's residents have been able to vote in presidential elections since the adoption of the 23rd Amendment to the Constitution in 1961, which grants the district some votes in the Electoral College in proportion to their population, but no more than the smallest state. The District's residents have exercised this right since the 1964 presidential election.
However, DC residents have no representation in the Senate, and while they are represented by a delegate in the House of Representatives, this delegate is not allowed to vote on the House floor due to constitutional provisions. The delegate can, however, vote on procedural matters and in congressional committees.
There have been several attempts to grant DC residents greater voting rights. In 1973, Congress enacted the District of Columbia Home Rule Act, delegating certain legislative powers over the District to a local government administered by an elected mayor and a council. In 1978, Congress submitted the District of Columbia Voting Rights Amendment to the states for ratification, which would have granted the District full representation in Congress and full representation in the Electoral College. However, not enough states ratified it for it to be adopted. More recently, in 2020, the Washington, DC Admission Act, which would have admitted certain parts of Washington DC into the new state of Washington, Douglass Commonwealth, passed in the House of Representatives but went nowhere in the Senate.
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DC's status as a federal district
The District of Columbia (DC) is a federal district and the capital city of the United States of America. As the nation's capital, it is not part of any individual state and is instead governed by Congress, which has the power to exercise exclusive legislation over the district.
The main reference to the federal district in the US Constitution is in Article I, Section 8, which gives Congress the power:
> "To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States."
This means that Congress has the authority to pass laws and enact administrative policies for the district, although Congress has also delegated certain legislative powers to the Council of the District of Columbia. While DC residents are entitled to all the guarantees of the US Constitution, including the right to trial by jury, the district is not a state and therefore does not have full representation in Congress.
The 23rd Amendment to the US Constitution, ratified in 1961, grants DC residents the right to participate in presidential elections and provides the district with electors in the Electoral College. However, the district can never have more electors than the least populous state, and it does not have voting rights in Congress. There have been efforts to grant DC full representation in Congress, such as the District of Columbia Voting Rights Amendment proposed in 1978, but these have not been successful.
There is an ongoing movement for DC statehood, with DC residents voting in favour of statehood in a 2016 referendum. The State of Washington DC Admission Act has been introduced in Congress, and if passed, it would shrink the federal government territory to a two-mile radius, with the rest of the district becoming the 51st state. However, critics argue that the framers of the Constitution never intended for the nation's capital to be its own state and that creating a new state would require a constitutional amendment.
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DC statehood
The District of Columbia (DC) is not a state; it is a federal district under the exclusive legislative jurisdiction of the US Congress. The US Constitution's "District Clause" in Article I, Section 8, Clause 17, states that Congress has the power " [t]o exercise exclusive legislation in all cases whatsoever, over such District (not exceeding ten miles square)...".
The District of Columbia statehood movement advocates making DC a US state to provide its residents with voting representation in Congress and complete control over local affairs. DC residents pay federal taxes and fulfil the obligations of US citizenship but are denied representation in the national legislature. DC is fiscally independent and has a local budget of $21 billion, but it is still subject to the Congressional appropriations process, which allows any member of Congress to impose their will on DC residents.
The Twenty-third Amendment to the US Constitution, adopted in 1961, grants the District of Columbia electors in the Electoral College, as if it were a state. However, the district can never have more electors than the least populous state, and this amendment did not grant the district voting rights in Congress. In 1978, Congress proposed a constitutional amendment to grant the district full representation in Congress and the Electoral College, but it was not ratified by enough states.
The District of Columbia Voting Rights Amendment failed, and in response, District voters pursued statehood. In 1980, voters approved a call for a constitutional convention to draft a proposed state constitution, and in 1982, the proposed constitution for a new state called "New Columbia" was ratified by District voters. Since the 98th Congress, more than a dozen statehood bills have been introduced, including the State of Washington DC Admission Act, which was introduced in the 117th Congress. The bill was stalled in the Republican-controlled Senate and has not been brought to a vote.
Statehood for DC is supported by various organisations, including the D.C. Democratic Party, the Libertarian Party of the District of Columbia, the D.C. Statehood Green Party, American University, Georgetown University, the League of Women Voters, the National Bar Association, the American Civil Liberties Union, and many others.
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DC's representation in the House of Representatives
The District of Columbia (DC) is the capital of the United States of America and is technically a federal district, not a state or a territory. As the 23rd Amendment to the US Constitution states, DC is not a state within the meaning of the diversity jurisdiction clause of Article III. Therefore, DC does not have senators and its representative in the House of Representatives is a delegate with limited voting privileges.
The residents of DC are entitled to all the guarantees of the US Constitution, including the privilege of trial by jury and of presentment by a grand jury. However, DC residents do not have voting representation in the House of Representatives. They elect a non-voting delegate to the House of Representatives, just like the other US territories, including Puerto Rico, American Samoa, Guam, the Northern Mariana Islands, and the US Virgin Islands. This delegate is an at-large representative, meaning they represent the entire area.
The first delegate to represent DC was James White, elected by the Southwest Territory in 1794. However, as the position of delegate was not stated in the Constitution, the House debated what privileges White would have. Ultimately, the House granted him a non-voting seat. From 1871 to 1875, DC briefly had a delegate to Congress, but this situation was short-lived and congressional representation was terminated. The district had no other delegates until 1971, when Walter E. Fauntroy was elected.
In 1970, President Nixon signed the District of Columbia Delegate Act, which authorized voters in the district to elect one non-voting delegate to represent them in the House of Representatives. This delegate has floor privileges and can participate in certain House functions, such as introducing legislation and voting in House committees. However, they cannot vote on legislation in the full House.
In 1978, Congress submitted the District of Columbia Voting Rights Amendment, which would have granted DC full representation in Congress and repealed the 23rd Amendment. However, not enough states ratified it for it to be adopted.
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Frequently asked questions
No, Washington, D.C. is not a state. It is the Federal capital city of the United States and belongs to all Americans.
While D.C. residents are entitled to all the guarantees of the United States Constitution, including the privilege of trial by jury and of presentment by a grand jury, they do not have the same voting rights as other Americans. They have no say in federally appointed positions, such as the president's cabinet, U.S. ambassadors, or the confirmation of federal judges and Supreme Court justices.
Yes, there has been a push for D.C. statehood, with the State of Washington DC Admission Act being introduced in both the Senate and the House. The bill would shrink the federal government territory to a two-mile radius, excluding the White House, Capitol, and Supreme Court. However, critics argue that the framers of the Constitution never intended for the nation's capital to be its own state, and that creating a new state would require a constitutional amendment.
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