Omar Bennett
The District of Columbia, also known as Washington, D.C., is a federal district that serves as the capital of the United States. While it is not a state and does not have its own constitution, its creation stems directly from the US Constitution, which outlines its status as the Seat of the Government of the United States. The District of Columbia has a unique legal and political status, with its residents being subject to both District and US federal laws. The US Congress holds exclusive jurisdiction over the district, and while it does not have representatives in Congress, the Home Rule Act of 1973 established a local government consisting of an elected mayor and council. The district's path towards statehood and its complex relationship with the US Constitution is an ongoing topic of discussion and debate.
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![Register of Members of the Society of Sons of the Revolution in the District of Columbia, with the Constitution and by Laws. 1896 [Leather Bound]](https://m.media-amazon.com/images/I/617DLHXyzlL._AC_UY218_.jpg)
What You'll Learn
The District of Columbia is not a state
The District of Columbia is unique in that it operates as a state while also performing the functions of a city and a county. Its residents vote for the President and Vice President and elect a non-voting delegate to Congress. While the District does not have voting representation in the House and Senate, its delegate can sit on and vote in committees, introduce legislation, and participate in legislative debates. Additionally, Congress holds exclusive jurisdiction over the District of Columbia, and all legislation passed by the local government must be approved by Congress before taking effect.
The District of Columbia has a rich history, with governing officials and an elected mayor in place as early as 1820. However, this form of government was replaced in 1878 after financial scandals, and the District was governed by a presidentially appointed commission. In recent years, there has been a push for statehood, with residents voting in support of statehood and approving a state constitution and representative form of government. The District of Columbia statehood movement aims to address concerns about the independence of the national capital and the need for an exclusive federal government enclave.
While the District of Columbia is not a state, it is an essential part of the United States, with a diverse population of over 712,000 people. The District has its own laws, passed by the Council of the District of Columbia, and its residents are subject to both District and US federal laws. The District of Columbia also receives federal block grants typically awarded to states and manages its own SNAP and Medicaid programs. As of 2020, if the District were a state, it would rank 49th by population and first in population density and GDP per capita.
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Residents are entitled to constitutional guarantees
Residents of the District of Columbia 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. This is despite the fact that the District of Columbia is not a state and does not have its own constitution.
The District of Columbia, or Washington, D.C., is a federal district that serves as the nation's capital. It was established by the US Constitution, which provides that the district, "not exceeding 10 Miles square," would "become the Seat of the Government of the United States." The District is under the exclusive jurisdiction of the US Congress, which has the authority to redefine its borders.
While the District of Columbia is not a state, its residents are still entitled to constitutional guarantees. This includes the right to vote for President and Vice President, as well as the right to elect a non-voting delegate to Congress. The District's residents are also subject to District of Columbia and US federal laws, including statutes, court decisions, and regulations issued by federal administrative agencies.
The District of Columbia has a local government consisting of a mayor and an elected council. This government passes laws and ordinances within the restrictions provided by the Home Rule Act of 1973, which must be approved by Congress before taking effect.
There have been movements for the District of Columbia to become a state, which would address concerns about the independence of the national capital. These movements have included the Washington, D.C. Admission Act, which proposes to carve out an enclave within the state known as "The Capital" to serve as the new federal district. However, the admission of the District of Columbia as a state would require the repeal of the Twenty-third Amendment to the Constitution, which grants three electoral votes to the district.
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Congress has exclusive jurisdiction over the district
The District of Columbia, or Washington, D.C., is not a state and does not have its own constitution. However, it is a part of the United States, and its residents are entitled to all the guarantees of the United States Constitution. The creation of the District of Columbia comes directly from the US Constitution, which provides that a district "'not exceeding 10 miles square' would become the 'seat of the Government of the United States.'
The District of Columbia is subject to both District of Columbia laws and U.S. federal laws. While the District has a local government consisting of a mayor and an elected council, all legislation passed by the Council must be approved by Congress before it takes effect. Congress has provided for a limited form of self-government in the District, with major offices filled by election. District residents vote for President and Vice President and elect a non-voting delegate to Congress.
The District of Columbia has been seeking statehood, with residents voting in support of statehood and approving a state constitution, a representative form of government, and proposed boundaries. The Washington, D.C., Admission Act, or the State of Washington DC Admission Act, refers to the proposed state as the "State of Washington, Douglass Commonwealth" or the "State of New Columbia." However, the admission of the District as a state would require Congressional passage of statehood legislation and the repeal of the Twenty-third Amendment, which requires that the U.S. capital appoint three members of the Electoral College.
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The district elects a non-voting delegate to Congress
The District of Columbia is a federal district and part of the United States. Its 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. While the District of Columbia is not a state and does not have its own constitution, it elects a non-voting delegate to Congress. This is because Congress holds exclusive jurisdiction over the District, even though the District does not have representatives in Congress.
The Home Rule Act of 1973 created a local government for the District, consisting of a mayor and an elected council with 13 members. The Council passes laws and ordinances within the restrictions provided by the Home Rule Act, and all legislation passed by the Council must be approved by Congress before it takes effect.
The District of Columbia Court of Appeals is the only appellate court in the District. The federal District of Columbia District Court also issues decisions that affect District residents, and the D.C. Circuit Court of Appeals can review these decisions.
The non-voting delegate elected by the District of Columbia serves in the House of Representatives, as the Senate has no non-voting members. These delegates are able to perform many of the functions of a full representative, such as serving on committees, speaking on the House floor, introducing bills, and offering amendments. However, they cannot vote on the final passage of legislation.
The origin of non-voting delegates in the House of Representatives dates back to the Continental Congress and the Northwest Ordinance of 1787. This allowed territories with a certain population to elect a non-voting delegate to Congress. After the ratification of the Constitution, the first United States Congress reenacted the Ordinance and extended it to include territories south of the Ohio River. In 1794, James White was elected by the Southwest Territory as their delegate to Congress, and the House voted to allow him a non-voting seat.
Non-voting delegates continue to be elected to represent territories, such as American Samoa, Puerto Rico, Guam, and the U.S. Virgin Islands.
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The district has a local government
The District of Columbia is not a state and does not have its own constitution. However, it does have a local government and its own set of laws. The District of Columbia government consists of three branches: executive, legislative, and judicial.
The current form of government was established by the District of Columbia Home Rule Act in 1973. The Home Rule Act devolves certain powers of the United States Congress to the local government, which consists of a mayor and a 13-member council. The mayor is the head of the executive branch and has the duty to enforce city laws and the power to approve or veto bills passed by the council. The legislative branch includes over 37 Advisory Neighborhood Commissions (ANCs) that are elected by small neighbourhood districts. The judicial branch consists of the court system, including the Superior Court of the District of Columbia, which is the trial court, and the District of Columbia Court of Appeals, which is the District's highest court.
Although District government officials have the authority to pass laws and govern local affairs, the United States Congress maintains the power to review and overturn local laws and legislate on behalf of the District. Congress must approve all legislation passed by the Council before it takes effect and retains the right to intervene in local affairs. Congress also holds exclusive jurisdiction over the District of Columbia, even though the District does not have representatives in Congress.
The District of Columbia's local government has been criticised for mismanagement and waste, particularly during the mayoralty of Marion Barry. In 1995, Congress created the District of Columbia Financial Control Board to oversee all municipal spending. The district regained control over its finances in 2001 and the oversight board's operations were suspended.
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Frequently asked questions
Yes, Article One, Section Eight of the US Constitution grants the US Congress exclusive jurisdiction over the District of Columbia.
No, the District of Columbia does not have its own constitution. However, it has other sources of laws, including laws passed by the Council of the District of Columbia.
The District of Columbia was granted presidential voting rights by the 23rd Amendment in 1961. However, the District does not have representation in Congress.
