Omar Bennett
The topic of DC statehood has been a subject of debate, with proponents arguing that it can be achieved without violating the Federal Enclave Clause in Article I, Section 8, Clause 17 of the US Constitution, or the 23rd Amendment. Opponents, however, argue that it would go against the intentions of the framers of the Constitution and undo the adoption of the 23rd Amendment. The debate has also been influenced by partisan politics, with Democrats largely in favor and Republicans opposed. The proposal for DC statehood has led to discussions about whether it can be achieved through legislation or if it requires a constitutional amendment. While some argue that a constitutional amendment is necessary due to the unique nature of the District of Columbia, others believe that Congress has the authority to grant statehood without amending the Constitution.
| Characteristics | Values |
|---|---|
| Is a constitutional amendment required for DC statehood? | No, but it is a highly debated topic. |
| Who would need to approve DC statehood? | Congress would need to approve it, and possibly Maryland. |
| What are the alternatives to DC statehood? | Cede it back to Maryland or create a new state with most of the current district. |
| What are the issues with DC statehood? | It could be considered unconstitutional, it would be the most partisan state, and there are questions about the 23rd Amendment and electoral votes. |
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What You'll Learn
The Federal Enclave Clause and 23rd Amendment
The Federal Enclave Clause, or Enclave Clause, is part of the US Constitution and gives Congress the power to exercise exclusive legislation over a district that is to become the seat of the US government. The clause also allows the US to exercise authority over places purchased by the consent of the state legislature for the erection of forts, arsenals, dockyards, and other needful buildings.
The District of Columbia (DC) is a creation of the Constitution, which limits what Congress can do to change its status without a constitutional amendment. Article I, Section 8, Clause 17 of the Constitution establishes that Congress has "exclusive" legislative power 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."
Advocates for DC statehood argue that statehood can be achieved without violating the Federal Enclave Clause. They claim that since the Clause does not state a minimum size for the nation's capital, DC can be granted statehood without a constitutional amendment. The ACLU, for example, has argued that "H.R. 51 is consistent with Congress’s broad authority because the Clause provides for a federal district that ‘may’ serve as ‘the Seat of Government.’ Because the Act only reduces (instead of absorbing) the District of Columbia, it does not violate the Clause."
Opponents of DC statehood disagree, arguing that the creation of a state from the nation's capital would require a constitutional amendment regardless of the interpretation of the Federal Enclave Clause. They assert that the Clause showed the Founders' intent to have "permanently fixed the size of the District."
The 23rd Amendment, ratified in 1961, grants the district no more electoral votes than the smallest state in the union, which is currently three electoral votes. The amendment also states that the votes do not depend on the size of the district. Under a plan for DC statehood, the residents of the new, smaller district would likely only be the president and the president's family, effectively giving them three electoral votes. This has led to calls to repeal the 23rd Amendment, but such a repeal would require ratification by three-quarters of the states.
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Congressional approval
The question of whether DC statehood would require a constitutional amendment is a highly contested issue. Some argue that a constitutional amendment is necessary for DC to become a state, as the District of Columbia was established by the Constitution, which limits Congress's ability to alter its status. Specifically, Article I, Section 8, Clause 17 of the Constitution grants Congress "`exclusive` legislative authority over the District", indicating a need for constitutional changes to grant statehood.
However, others contend that statehood can be achieved without amending the Constitution. Proponents of this view suggest that the Federal Enclave Clause, which does not specify a minimum size for the nation's capital, allows for the creation of a smaller federal district while granting statehood to the remaining parts of DC. They argue that this interpretation aligns with Congress's broad authority and does not violate the Clause. Additionally, supporters of DC statehood argue that it does not violate the 23rd Amendment, which grants three electoral votes to the District, as the amendment would simply reduce the size of the Federal District, leaving the president and their family as its sole residents.
The primary body that would need to approve DC statehood is Congress, which has the authority to admit new states under the Admissions Clause of the Constitution. While there is a discussion about the potential need for approval from Maryland, from which DC was originally ceded, it is generally agreed that no consent is required from Virginia, as none of its original land is included in the current district.
The debate surrounding DC statehood has become partisan, with most Democrats supporting it and Republicans opposing it. The proposed statehood bill, H.R. 51, passed by the House in 2019, aims to separate federal buildings like the Capitol and the White House from the rest of the district, forming a smaller federal district while granting statehood to the remaining areas. This approach, supported by Democrats, aims to avoid the need for a constitutional amendment by not making the seat of the federal government a state. However, it also raises new constitutional questions about how land can leave the District of Columbia.
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Maryland's approval
The statehood of Washington, DC, has been a topic of debate for a long time. While some advocate for it, others oppose it on political and constitutional grounds. The debate centres around whether DC statehood would require a constitutional amendment or state approval, particularly from Maryland, from which DC was originally ceded.
The proponents of DC statehood argue that it can be achieved without violating the Federal Enclave Clause in Article I, Section 8, Clause 17 of the Constitution, or the 23rd Amendment. They contend that the Federal Enclave Clause does not specify a minimum size for the nation's capital, and therefore, the bill can be adopted without amending the Constitution. Additionally, they assert that the 23rd Amendment, which grants the district three electoral votes, does not depend on the size of the district.
On the other hand, opponents of DC statehood argue that creating a state from the nation's capital would require a constitutional amendment. They believe that the Federal Enclave Clause indicates the Founders' intent to permanently fix the size of the district. Additionally, they point out that the district's three electoral votes, as granted by the 23rd Amendment, could raise "serious questions and problems".
The primary body that would need to approve statehood for DC is Congress. While some argue that Maryland's approval may also be necessary since DC was originally part of Maryland, others contend that Maryland's original cession left it with no further authority over that land. The debate remains unresolved, with no clear consensus on whether Maryland's approval is required for DC statehood.
To address the concerns regarding the 23rd Amendment, legislation for DC statehood could recommend an expedited process to review and possibly repeal the amendment. Additionally, the president and their family could be allowed to vote in their previous home state. However, repealing the 23rd Amendment would require ratification by three-quarters of the states, which could be a challenging process.
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The District's electoral votes
The District of Columbia (DC) is a creation of the US Constitution, which limits what Congress can do to change its status without a constitutional amendment. Article I, Section 8, Clause 17 of the Constitution establishes that Congress has "exclusive" legislative power 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."
The 23rd Amendment, ratified in 1961, grants the district three electoral votes, the same as the smallest state in the union. The votes do not depend on the size of the district.
There is a debate about whether DC statehood would require a constitutional amendment. Opponents of DC statehood argue that it would require its own constitutional amendment. They also argue that the Federal Enclave Clause showed the Founders' intent to have "permanently fixed the size of the District."
However, advocates of DC statehood argue that statehood can be achieved without violating the Federal Enclave Clause in Article I, Section 8, Clause 17 of the Constitution, or the 23rd Amendment. They argue that since the Federal Enclave Clause does not state a minimum size for the nation's capital, DC can be admitted as a state without a constitutional amendment.
The primary body that would have to approve statehood for DC is Congress, which has the authority to admit new states. There is also an argument that Maryland's approval may be needed, as the land that comprises DC was once part of Maryland. However, it is unclear whether Maryland's consent would be required, and there is no case law on the matter.
One proposal for DC statehood, H.R. 51, would not make all of Washington, DC, a state. Instead, it would separate the National Mall, the Capitol, the White House, and other federal buildings from the rest of the district to form a smaller federal district while granting everything else inside statehood. This proposal would likely leave only the president and the president's family living in the White House as the residents of the new, smaller district, effectively giving them three electoral votes. To address this issue, the current version of the Democrats' bill for DC statehood calls for expedited procedures to consider repealing the 23rd Amendment, but that repeal would require ratification by three-quarters of the states.
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The Federal Capital
The question of whether Washington, D.C. can become a state has been a topic of debate for many years, with the majority of Democrats in favour and most Republicans opposed. The debate centres around whether D.C. statehood would require a constitutional amendment or whether it can be achieved through legislation.
The District of Columbia is a creation of the Constitution, which grants Congress "exclusive" legislative power over it. This means that Congress would have to cede Washington, D.C. to the potential new state, as the Constitution gives it exclusive lawmaking ability. However, there is nothing in the Constitution that requires a Federal Capital, and the district could be reduced to only essential land, such as the White House, Congress, and the Supreme Court.
Advocates for D.C. statehood argue that it can be achieved without violating the Federal Enclave Clause or the 23rd Amendment. They propose that most of the land in the current district could be granted statehood, while a smaller federal district of around two square miles, comprising several federal buildings, would remain. This plan would avoid the need for a constitutional amendment, but it does create new constitutional questions about how land can leave the District of Columbia.
Opponents of D.C. statehood argue that it would require a constitutional amendment, as it would essentially undo what was adopted when the 23rd Amendment was passed, and it would violate the Federal Enclave Clause by permanently fixing the size of the district. They also argue that the proposal violates the intent of the framers of the Constitution when they wrote Article I. Additionally, there are practical concerns, such as the potential for the president and their family to be awarded an unequal number of votes in the Electoral College.
Ultimately, the debate around D.C. statehood is complex and multifaceted, with legal, political, and constitutional implications to consider. While some argue that a constitutional amendment is necessary, others believe that statehood can be achieved through legislation without violating the Constitution.
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Frequently asked questions
Yes, DC statehood is constitutional. Under the US Constitution, Congress has the authority to admit new states, and every state that has been admitted to the Union after ratification of the Constitution in 1788 has been admitted by Congress.
It is debated whether DC statehood would require a constitutional amendment. Opponents of DC statehood argue that it would violate Article I and the 23rd Amendment, and that the Federal Enclave Clause showed the Founders' intent to have "permanently fixed the size of the District". However, supporters of DC statehood argue that it can be achieved without violating the Federal Enclave Clause or the 23rd Amendment, and that since the Clause does not state a minimum size for the nation's capital, the bill can be adopted without a constitutional amendment.
The current plan for DC statehood is to create a new state, to be named Washington, Douglass Commonwealth, out of a land grant from the federal government consisting of most of the current District of Columbia. The remaining district would be a tiny federal district comprising several federal buildings, including the Capitol and White House.
The state that would emerge under the current plan would be constitutionally vexing and highly unusual. It would be the most partisan state in the country, with no Republican elected officials in the state government. The federal district left over after the creation of a DC state would potentially award the president and their family as many votes in the Electoral College as the state of Vermont.
