Malcolm Rivera
The Twenty-third Amendment to the US Constitution, ratified in 1961, gave the District of Columbia (DC) the right to participate in presidential elections. Before this, DC residents could not vote in federal elections because the district is not a state. The Amendment grants DC electors in the Electoral College, as if it were a state, though it can never have more electors than the least populous state. While DC has gained more political autonomy since the Twenty-third Amendment, it still lacks a vote in Congress and full control of its government. There have been movements for DC statehood, but it is a contentious issue.
| Characteristics | Values |
|---|---|
| Name of Amendment | Twenty-third Amendment (Amendment XXIII) |
| Date of Ratification | March 29, 1961 |
| What it Granted | Electors to the District of Columbia, allowing it to participate in presidential elections |
| Number of Electors | Equal to the whole number of Senators and Representatives in Congress to which the District would be entitled if it were a State, but no more than the least populous State |
| Status of District | The District is not a State and does not have the attributes of a State |
| Legislative Authority | Congress has the authority to determine how the District's electors are appointed |
| Home Rule | The District gained Home Rule in 1974 with an elected mayor and council, but Congress retains ultimate authority over its laws and budget |
| Political Affiliation | The District's voters have shifted from relatively balanced to predominantly Democratic |
| Statehood Movement | There is a movement for DC statehood, but it is met with divided perspectives and contentious debates |
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What You'll Learn
The 23rd Amendment gave DC voting rights in presidential elections
The District of Columbia, or Washington, D.C., is the capital of the United States. However, it is not a state. Article I, Section 8 of the Constitution gives Congress the authority to govern the area that would become the "Seat of the Government of the United States."
For most of its history, the residents of Washington, D.C., have lacked representation in Congress and the ability to participate in elections for President. This is because, according to the Constitution, seats in Congress and votes in the Electoral College are allocated among the states, and the district is not a state.
In the early to mid-20th century, political advocacy for D.C. having electoral power increased. In 1888, a bill to amend the Constitution was introduced in Congress to grant the District of Columbia voting rights in presidential elections, but it did not proceed. In 1960, Congress approved the 23rd Amendment, which gave D.C. citizens the right to vote in presidential elections. The Amendment was ratified by the requisite number of states on March 29, 1961, and certified on April 3, 1961.
The 23rd Amendment gave the District of Columbia the right to participate in the Electoral College. However, the allocation of votes was not based on D.C.'s population but was instead limited to the same number of electoral votes as the least populous state. The Amendment states that:
> "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 power to enforce this article by appropriate legislation."
The Amendment did not address the issues of D.C. home rule or extend representation in Congress. In the decades following the Twenty-third Amendment, D.C. gained more political autonomy through the Council of the District of Columbia, the governing body under the executive rule of Congress. However, Congress still exercises authority over the District under the District Clause.
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DC residents lacked representation in Congress
Residents of Washington, DC, have lacked representation in Congress for most of the district's history. The District of Columbia Organic Act of 1801 gave Congress exclusive jurisdiction over the district's territory, taking away the voting rights that DC residents previously enjoyed as citizens of Maryland and Virginia.
In the early 20th century, political advocacy for DC's electoral power increased. Many political groups called for DC to gain the ability to vote in presidential elections. In 1960, Congress approved the 23rd Amendment, which was ratified by the requisite number of states on March 29, 1961. This amendment gave DC citizens the right to vote in presidential elections, but it did not address the issue of representation in Congress.
In 1973, Congress enacted the District of Columbia Home Rule Act, which established an elected mayor and a 13-member council for the district, although Congress retained ultimate authority over DC's laws. In 1977, Representative Don Edwards introduced H.J. Res. 554, proposing an amendment to the Constitution to provide for DC's representation in Congress. The proposed amendment passed in Congress but was only ratified by 16 states, falling short of the 38 needed to take effect.
Today, DC continues to lack a vote in Congress and is deprived of other attributes of statehood and full control of its government. The slogan "End Taxation Without Representation," found on DC license plates, highlights the harm caused by the lack of voting representation in Congress. DC residents pay more in federal taxes per person than any other state.
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DC is not a state
The District of Columbia (DC) is not a state. From 1790 to 1961, citizens of DC could not vote in federal elections because it is not a state. They could not vote for the President, Vice-President, Members of the House of Representatives, or the Senate. The District Clause, Article I, Section 8, Clause 17 of the US Constitution, gave Congress the authority to establish DC as the seat of the federal government. However, because the district is not a state, its residents were initially unable to vote in federal elections.
The Twenty-third Amendment to the US Constitution, ratified in 1961, gave DC residents the right to vote in national presidential elections. The amendment grants the district electors in the Electoral College, as though it were a state, though the district can never have more electors than the least populous state. The 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.
In 1973, Congress enacted the District of Columbia Home Rule Act, delegating certain legislative powers over the district to the Council of the District of Columbia. However, Congress retained the authority to override these powers. In 1978, Congress submitted the District of Columbia Voting Rights Amendment to the states for ratification. This proposal would have granted DC full representation in Congress as if it were a state, repealed the Twenty-third Amendment, and granted the district full representation in the Electoral College. However, the amendment failed to be ratified by the required number of states and was not adopted.
While there has been a movement calling for DC to be accepted as a state, it has been met with divided perspectives and contentious debates. Opponents of granting statehood to DC argue that it would give the Democratic Party an unfair advantage in elections. They also point to the Constitution, which outlines DC as a federal district governed by Congress, intended solely as the place where the federal government operates, rather than a full-fledged state.
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The District Clause gave Congress authority over DC
The District of Columbia, commonly known as Washington, D.C., is the capital city of the United States. However, despite being the seat of the U.S. government, it is not a state. For most of its history, D.C. residents lacked representation in Congress and were unable to vote in presidential elections. This situation arose because the District Clause, Article I, Section 8, Clause 17 of the U.S. Constitution, gave Congress the authority to create and govern the District of Columbia.
The Continental Congress established the District of Columbia as the official seat of government, ensuring it was not subject to the authority of any individual state. The District Clause grants Congress the power to exercise exclusive legislation in all cases whatsoever over the district. This authority has been interpreted to include the power to appoint electors for the President and Vice President, as well as the power to review and nullify legislation passed by the district's local government.
In the early years of the District of Columbia, its residents did not have the right to vote in federal elections, including presidential elections. This was because the Electoral College grants electors only to the states, not to territories or districts. As a result, despite being the seat of government, D.C. residents were disenfranchised and lacked representation in national decision-making.
However, this changed with the ratification of the Twenty-third Amendment to the U.S. Constitution on March 29, 1961. The Amendment grants the District of Columbia electors in the Electoral College, allowing its residents to participate in presidential elections. The Amendment states that the District shall appoint electors "in such manner as the Congress may direct," ensuring that the District's electors do not exceed the number allocated to the least populous state.
While the Twenty-third Amendment extended voting rights to D.C. residents in presidential elections, it did not grant the district full representation in Congress or the attributes of statehood. Congress continues to exercise authority over D.C.'s budget and legislation, and the district does not have full control over its local government. Efforts have been made to grant D.C. full statehood or voting representation in Congress, but these have faced challenges and have not yet succeeded.
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DC statehood movements
The District of Columbia (DC) statehood movement is a political movement that advocates for making DC a US state, providing its residents with voting representation in Congress and complete control over local affairs. DC, the capital city of the United States, has been a federal district under the exclusive legislative jurisdiction of the US Congress. The "District Clause" in Article I, Section 8, Clause 17 of the US Constitution grants Congress this authority.
For most of its history, DC's residents have lacked representation in Congress and the ability to participate in presidential elections. This situation was partially addressed in 1961 with the 23rd Amendment, which allowed DC citizens to vote in presidential elections. However, the allocation of votes was limited to the same number of electoral votes as the least populous state, and the amendment did not address issues of local governance or provide representation in Congress.
Since the 1950s, there have been continued efforts to address DC's lack of representation, particularly as the political affiliation of DC's voters shifted towards the Democratic Party. The District of Columbia Home Rule Act of 1973 established an elected mayor and a 13-member council for the district, but Congress retained ultimate authority over DC's laws. In 1977, the District of Columbia Voting Rights Amendment was proposed, which would have granted DC full representation in Congress and the Electoral College, as well as participation in the constitutional amendment process. While this amendment passed in both houses of Congress, it was only ratified by 16 states, falling short of the required 38 states for it to take effect.
More recently, there has been a movement calling for DC to become a state, with supporters arguing that the 23rd Amendment and the Home Rule Act set a precedent for granting the district electoral power, making statehood the next logical step. Opponents of DC statehood argue that it would give the Democratic Party an unfair advantage in elections, and that the 23rd Amendment prohibits statehood. However, constitutional scholars argue that the existence of the 23rd Amendment does not prevent DC from becoming a state, and that there is no legal or constitutional basis for the claim that statehood cannot be achieved through legislation.
The proposed state has been referred to as the State of New Columbia for most of the modern statehood movement, but the Washington, DC Admission Act passed by the US House of Representatives in 2020 and 2021 refers to it as the State of Washington, Douglass Commonwealth, honouring George Washington and Frederick Douglass. The movement has gained support from various organisations, including American University, Georgetown University, the NAACP, the Libertarian Party of DC, and Democratic presidents and presidential nominees since Bill Clinton.
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Frequently asked questions
The 23rd Amendment to the United States Constitution extends the right to participate in presidential elections to the District of Columbia.
The 23rd Amendment granted the District of Columbia electors in the Electoral College, as though it were a state, though the district can never have more electors than the least populous state.
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.
