Dcbn Constitution: Fundamentals Of Constitutionalism

what is the d c b n constitution and constitutionalism

The D.C. statehood debate centres on the question of whether Washington, D.C., should be admitted as a state into the Union. This move towards statehood is considered constitutional and does not require any new constitutional amendments. The Washington, D.C., Admission Act would create a state from the residential areas of D.C. and establish a separate federal district, which would include the U.S. Capitol, the White House, and other federal buildings. This federal district would be called the Capital, and the new state, the 51st state, would be named the State of Washington, Douglass Commonwealth.

Characteristics Values
Constitutionality of D.C. statehood D.C. statehood is constitutional and does not require new amendments
Congress's authority Congress has the power to admit new states and reduce the size of the Capital
Washington, D.C. Admission Act Creates a state from D.C. residential areas, excluding federal land
Federal land Includes the U.S. Capitol, White House, and other federal buildings in a separate district
State name The 51st state would be called the State of Washington, Douglass Commonwealth
Voting rights The 23rd Amendment grants residents of the Federal District voting rights
Policy solutions Turning D.C. into a state does not violate the 23rd Amendment, and policy solutions can be found

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D.C. statehood is constitutional

The District of Columbia (DC) statehood movement has gained momentum in recent years, with supporters arguing that it is constitutional and does not require any new constitutional amendments. DC, currently a district, seeks to become a state, addressing concerns about the independence of the national capital. The proposed statehood legislation, known as the Washington, DC Admission Act, aims to carve out an enclave within the district as "The Capital," ensuring federal control over key government buildings.

Under Article IV of the US Constitution, commonly referred to as the Admission Clause, Congress has the authority to admit new states into the Union. This power has been exercised throughout history, admitting 37 non-original states through ordinary legislation. The Admission Clause stipulates that no new states can be formed within the jurisdiction of existing states without their consent, and jurisdictions seeking statehood must have a republican form of government. DC's path to statehood aligns with these requirements and respects the consent of Maryland, from which the land was originally granted.

Opponents of DC statehood have raised constitutional concerns, arguing that it violates the 23rd Amendment, which grants electoral votes to the district. However, constitutional scholars refute this claim, asserting that the existence of the 23rd Amendment does not preclude admitting DC as a state. While the amendment may require review and potential repeal, it does not prohibit the admission of DC as a new state. Additionally, the argument that prior efforts to grant voting representation took the form of constitutional amendments does not hold legal or historical merit.

The people of DC have expressed their support for statehood, approving a state constitution, a representative form of government, and proposed boundaries. They have made their preference for independent statehood clear, choosing it over retrocession, which would return jurisdiction to Maryland or Virginia. DC residents pay more in federal taxes per person than any other state and lack voting representation in Congress, highlighting the slogan, "End Taxation Without Representation."

Granting statehood to DC is consistent with the interpretation and evolution of the US Constitution. The Founding Fathers, including Madison, Hamilton, and Jay, envisioned full voting rights for DC residents, as expressed in the Federalist Papers. The interpretation of constitutional provisions has evolved over time, and statehood for DC aligns with the principle of providing voting rights and representation to its residents.

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The Washington, D.C. Admission Act

The United States House of Representatives passed the bill on April 22, 2021, but it was never passed by the Senate. The bill was introduced by D.C.'s non-voting delegate, Eleanor Holmes Norton, with a record 202 co-sponsors. The bill proposes that the State of Washington, D.C. be renamed the State of Washington, Douglass Commonwealth, with "D.C." standing for "Douglass Commonwealth", referring to Frederick Douglass, who lived in the District from 1877 to 1895.

The push for D.C. statehood is based on the argument that it is constitutional and does not require any new constitutional amendments. Under the U.S. Constitution, Congress has the authority to admit new states, and every state admitted to the Union after the ratification of the Constitution in 1788 has been admitted by Congress. Furthermore, the 23rd Amendment, added to the Constitution in 1961, expanded voting rights and gave residents of the Federal District three electoral votes for president. Making D.C. a state would not violate this amendment but would simply resize the Federal District, leaving the president and their family as its only residents.

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Voting rights and the 23rd Amendment

The 23rd Amendment to the United States Constitution, proposed in 1960 and ratified in 1961, extends the right to participate in presidential elections to citizens of the District of Columbia (D.C.). Before the 23rd Amendment, D.C. citizens could not vote in federal elections as D.C. is not a state. The Amendment grants D.C. citizens the right to vote for the President and Vice-President of the United States, giving the district three electoral votes in the Electoral College. This is the minimum number of electors the district is entitled to, and it cannot have more electors than the least populous state.

The Amendment does not grant D.C. citizens voting rights in Congress, nor does it give them the right to participate in the constitutional amendment process. These issues of congressional representation and "home rule" for the district have been addressed in other legislation, such as the District of Columbia Home Rule Act of 1973 and the District of Columbia Delegate Act of 1970.

The push for the 23rd Amendment can be traced back to as early as 1888, when some journalists and members of Congress favoured a constitutional amendment to grant the district electoral votes. The Amendment recognises that citizens of the District of Columbia have the same obligations as citizens of other states.

The 23rd Amendment is not violated by granting D.C. statehood. Statehood for D.C. would simply involve resizing the Federal District, leaving the President and their family as its only residents.

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Congress's authority to admit new states

The US Constitution grants Congress the authority to admit new states to the Union. This power is derived from the Admissions Clause, which states that new states may be admitted by Congress into the Union. The process of admitting new states has evolved over time, but it generally involves the following steps:

Firstly, the people of a territory or region express their desire for statehood to the federal government. Once a given area reaches a sufficient population, they can call for a constitutional convention and form a provisional government. This is often facilitated by an enabling act passed by Congress, which authorises the territory to draft a constitution for the proposed state. However, it is not a requirement, as several states have been admitted without an enabling act.

Secondly, upon enacting a state constitution, the territory petitions Congress for statehood. The proposed constitution must affirm that the new state will be a part of the Union and be subject to the Articles of Confederation, Acts of Congress, and federal debt obligations. It must also commit to a republican form of government and agree not to tax federal properties or non-residents at a higher rate than residents.

Thirdly, Congress votes on a joint resolution granting statehood. This is typically done by a simple majority vote, and upon acceptance, the President of the United States signs the resolution and issues a proclamation announcing the addition of a new state. It is important to note that Congress is not obligated to admit states, even if the population of a territory expresses a desire for statehood.

The Equal Footing Doctrine is a crucial aspect of admitting new states. It ensures that all states, regardless of their economic, geographic, or ecological conditions, are treated equally in terms of core areas of sovereignty. For example, in Coyle v. Smith (1911), the Supreme Court struck down a condition in the Oklahoma Enabling Act that restricted the ability of the new state to choose the location of its capital. The Court held that Congress could not control where a newly admitted state located its capital because it infringed on state sovereign authority.

The process of admitting new states has evolved since the early days of the United States. Between 1781 and 1789, the Congress of the Confederation operated under the Articles of Confederation, the nation's first constitution, which authorised the admission of new states with the consent of nine states. The Land Ordinance of 1784 and the 1787 Northwest Ordinance further outlined the process for admitting new states, and every state admitted to the Union after 1788 has been admitted by Congress.

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The Federal District and the 51st state

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." Congress established the federal district in 1790 from land belonging to the states of Maryland and Virginia.

The 51st state, also known as the State of Columbia, Douglass Commonwealth, or New Columbia, would be the rest of Washington, DC, the city distinguished from the federal government. The residential and commercial areas of the District of Columbia will be part of the new 51st State, which will have no jurisdiction over the Capital. The federal district would be two square miles and called the Capital, where the US Capitol, the White House, and other federal buildings would be located. The 51st state will include the neighbourhoods, schools, businesses, libraries, universities, non-profit organisations, office buildings, parks, and trails of Washington, DC.

The process of making DC a state would not require any new constitutional amendments. Under the US Constitution, 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, D.C. Admission Act would redefine the District of Columbia as the seat of the federal government.

The name "Douglass" has gained support in recent years as a way to honour Frederick Douglass, the abolitionist and civil rights activist who lived and worked in Washington, DC. The name "Douglass Commonwealth" would also allow the continued use of the "DC" postal abbreviation. The proposed State Constitution would make the Mayor of the District of Columbia the Governor of the proposed state, while the members of the District Council would make up the proposed House of Delegates.

Frequently asked questions

D.C. statehood refers to the movement to make Washington, D.C., the capital of the United States, into the 51st state of the Union. This would involve creating a state from the residential areas of D.C. and separating the federal land, including the U.S. Capitol and the White House, as a distinct federal district.

Yes, granting D.C. statehood is constitutional and does not require any new constitutional amendments. Under the U.S. Constitution, Congress has the authority to admit new states, and the Washington, D.C. Admission Act would simply involve reducing the size of the federal district, which Congress has the power to do.

Making D.C. a state does not violate the 23rd Amendment, which was added to the Constitution in 1961 to expand voting rights and give residents of the Federal District three electoral votes for president. D.C. statehood would leave the president and their family as the only residents of the resized Federal District, and any policy solutions regarding voting rights can be addressed through an expedited review process.

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