
Voting rights of citizens in the
District of Columbia differ from the rights of citizens in the 50
U.S. states. The
United States Constitution
The Constitution of the United States is the Supremacy Clause, supreme law of the United States, United States of America. It superseded the Articles of Confederation, the nation's first constitution, in 1789. Originally comprising seven ar ...
grants each state voting representation in both houses of the
United States Congress. It defines the
federal district as being outside of any state, and does not grant it any voting representation in Congress. The Constitution grants Congress
exclusive jurisdiction over the District in "all cases whatsoever".
In the
House of Representatives, the District is represented by a
delegate, who because of the constitutional provisions is not allowed to vote on the
House floor but under House rules can vote on procedural matters and in
congressional committees
A congressional committee is a legislative sub-organization in the United States Congress that handles a specific duty (rather than the general duties of Congress). Committee membership enables members to develop specialized knowledge of the ...
. D.C. residents have no representation in the
Senate
A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the el ...
. The
Twenty-third Amendment, adopted in 1961, effectively entitles the District to three
electoral votes in the election of the
president and
vice president.
The District's lack of voting representation in Congress has been an issue since the capital's founding. Numerous proposals have been introduced to change this situation, including legislation and constitutional amendments,
returning the district to Maryland, and making it into a
new state. All proposals have been met with political or constitutional challenges, and there has been no change in the district's representation in Congress.
History
In 1783, a crowd of disbanded
Revolutionary War soldiers angry about not having been paid gathered to
protest outside the building where the
Continental Congress
The Continental Congress was a series of legislative bodies, with some executive function, for thirteen of Britain's colonies in North America, and the newly declared United States just before, during, and after the American Revolutionary War. ...
was meeting. The soldiers blocked the door and initially refused to allow the delegates to leave. Despite requests from Congress, the Pennsylvania state government declined to call out its militia to deal with the unruly mob, and so Congress was forced to adjourn to New Jersey abruptly. This led to the widespread belief that Congress needed control over the national capital. As
James Madison wrote in
The Federalist No. 43, "Without it, not only the public authority might be insulted and its proceedings interrupted with impunity; but a dependence of the members of the general government on the State comprehending the seat of the government, for protection in the exercise of their duty, might bring on the national councils an imputation of awe or influence, equally dishonorable to the government and dissatisfactory to the other members of the Confederacy." This belief resulted in the creation of a national capital, separate from any state, by the Constitution's District Clause.
The "District Clause" in
Article I, Section 8, Clause 17 of the U.S. Constitution states:
There were some reasons why voting rights for the District were not addressed. It was effectively agreed at an early stage that the capital was to be in the South, and Northerners would have bitterly opposed any clause that would give the South even more voting power. Moreover, given the capital's planned location, many delegates assumed its permanent residents would primarily consist of slaves unable to vote in any case. They also expected the federal government would only operate on a part-time basis and assumed that those who were chosen to serve in federal office and those whose occupations would require them to spend time in the district would come mainly from the upper echelons of society and would therefore have the means to maintain residency (and voting rights) in their home states.
In 1788, the land on which the District is formed was ceded by
Maryland. In 1790, Congress passed the
Residence Act placing the District on the
Potomac River between the
Anacostia and
Conococheague Creek with the exact location chosen by President
George Washington
George Washington (February 22, 1732, 1799) was an American military officer, statesman, and Founding Father who served as the first president of the United States from 1789 to 1797. Appointed by the Continental Congress as commander of th ...
. His selection was announced on January 24, 1791, and the Residence Act was amended to include land that
Virginia had ceded in 1790. That land was
returned to Virginia in 1847. The Congress did not officially move to the new federal capital until the first Monday in December 1800. During that time, the District was governed by a combination of a federally appointed Board of Commissioners, the state legislatures, and locally elected governments.
[
On February 27, 1801, only a few months after moving to the District, Congress passed the District of Columbia Organic Act of 1801 and incorporated the new federal District under its sole authority as permitted by the District Clause, making Congress the supreme source of all local laws. Since the District of Columbia ceased being part of any state and was not a state itself, the District's residents lost voting representation in Congress, the Electoral College, and in the Constitutional amendment process – consequences that did not go without protest. In January 1801, a meeting of District citizens was held which resulted in a statement to Congress noting that as a result of the impending Organic Act "we shall be completely disfranchised in respect to the national government, while we retain no security for participating in the formation of even the most minute local regulations by which we are to be affected. We shall be reduced to that deprecated condition of which we pathetically complained in our charges against Great Britain, of being taxed without representation."] The following year, the Board of Commissioners was abolished, the City of Washington was incorporated, and a local government consisting of a locally elected 12-member council and a mayor appointed by the president was put in place.[
In 1812, the District was given more significant home rule when the mayor became an elected official, chosen from among the group of 12 elected council members and 8 aldermen, and in 1820 the mayor became directly elected. Minor modifications were made over the years, but in 1871 the District government was again dramatically modified, getting a government more similar to that of the territories. Under this new government, the governor of the District was again appointed by the president, as were all members of one house of the District legislature.
The Congress abolished the territorial government in 1874 and replaced it with a presidentially appointed council, which by 1878 was considered the District's permanent government.][ It was later decided that this congressional act constituted the District's constitution, making the District the only territory that had not been allowed to write its own constitution.][
By the 1930s, the District of Columbia was administered by House committees that had little regard for the concerns of the local population; the representative ]Ross A. Collins
Ross Alexander Collins (April 25, 1880 – July 14, 1968) was a United States House of Representatives, U.S. Representative from Mississippi.
Born in Collinsville, Mississippi, Collins attended the public schools of Meridian, Mississippi, ...
from Mississippi cut spending on local funds for welfare and education, stating that "my constituents wouldn't stand for spending money on niggers".
In the 1950s, as part of the more prominent Civil Rights Movement, interest emerged in giving the District full representation. As a compromise, the Twenty-third Amendment was adopted in 1961, granting the District some votes in the Electoral College in measure to their population, but no more than the smallest state. The Districts' residents have exercised this right since the presidential election of 1964.
The District of Columbia Home Rule Act of 1973 devolved certain Congressional powers over the District to a local government administered by an elected mayor, currently Muriel Bowser, and the thirteen-member Council of the District of Columbia
The Council of the District of Columbia is the legislative branch of the local government of the District of Columbia, the capital of the United States. As permitted in the United States Constitution, the district is not part of any U.S. state ...
. However, Congress retains the right to review and overturn any of the District's laws. Each of the District's eight wards elects a single member of the council, and five members, including the chairman, are elected at large.
In 1978, Congress submitted the District of Columbia Voting Rights Amendment to the states for ratification. It would have given the District full congressional representation, full participation in presidential elections, and the authority of a state regarding amending the Constitution.
In 1980, District voters approved the call of a constitutional convention to draft a proposed state constitution, just as U.S. territories had done before their admission as states. The proposed state constitution was ratified by District voters in 1982 for a new state to be called "New Columbia", but Congress has not granted statehood to the District. Pursuant to that proposed state constitution, the District still selects members of a shadow congressional delegation, consisting of two shadow senators and a shadow representative, to lobby the Congress to grant statehood. The Congress does not officially recognize these positions. Additionally, until May 2008, the Congress prohibited the District from spending any funds on lobbying for voting representation or statehood.
On December 29, 2003, the Inter-American Commission on Human Rights
The Inter-American Commission on Human Rights (the IACHR or, in the three other official languages Spanish, French, and Portuguese CIDH, ''Comisión Interamericana de los Derechos Humanos'', ''Commission Interaméricaine des Droits de l'Homme'', ...
of the Organization of American States
The Organization of American States (OAS; es, Organización de los Estados Americanos, pt, Organização dos Estados Americanos, french: Organisation des États américains; ''OEA'') is an international organization that was founded on 30 April ...
concluded that the United States is violating the District of Columbia's rights under Articles II and XX of the American Declaration of the Rights and Duties of Man by denying District of Columbia citizens an adequate opportunity to participate in the Congress. The Commission reiterated the following recommendation to the United States: "Provide the Petitioners with an effective remedy, which includes adopting the legislative or other measures necessary to guarantee to the Petitioners the effective right to participate, directly or through freely chosen representatives and in general conditions of equality, in their national legislature".
A 2005 poll paid for by the advocacy group D.C. Vote, but conducted by the non-partisan polling firm KRC Research, found that 82% of 1,007 adults believed that D.C. should have full congressional voting representation. A 2007 '' Washington Post'' poll of 788 adults found that 61% of those adults supported granting the District "a full voting" representative.
Arguments for and against
There are arguments both for and against giving the District of Columbia voting representation in Congress.
Consent of the governed
Advocates of voting representation for the District of Columbia argue that as citizens living in the United States, the District's estimated 672,228 residents should have the same right to determine how they are governed as citizens of a state. At least as early as 1776, George Mason wrote in the Virginia Declaration of Rights:
Justice Hugo Black
Hugo Lafayette Black (February 27, 1886 – September 25, 1971) was an American lawyer, politician, and jurist who served as a U.S. Senator from Alabama from 1927 to 1937 and as an associate justice of the U.S. Supreme Court from 1937 to 1971. A ...
described the right to vote as fundamental in ''Wesberry v. Sanders
''Wesberry v. Sanders'', 376 U.S. 1 (1964), was a landmark U.S. Supreme Court case in which the Court ruled that districts in the United States House of Representatives must be approximately equal in population. Along with '' Baker v. Carr'' (1 ...
'', . He wrote, "No right is more precious in a free country than that of having a voice in the election of those who make the laws under which, as good citizens, we must live. Other rights, even the most basic, are illusory if the right to vote is undermined."
The Uniformed and Overseas Citizens Absentee Voting Act allows U.S. citizens to vote absentee for their home state's Congressional representatives from anywhere else in the world. If a U.S. citizen were to move to the District, that person would lose the ability to vote for a member of Congress. U.S. citizens who have permanently left the United States are still permitted to vote absentee for the Congress in the state where they last held residency. Scholars have argued that if U.S. citizens who are residents of other countries are allowed to vote in federal elections, then Congress can extend the same rights to residents of the nation's capital.
Constitutional provisions
The primary objection to legislative proposals to grant the District voting rights is that some Constitution provisions suggest that such an action would be unconstitutional. How the House of Representatives is to be composed is described in Article I Article One may refer to:
Legal codes
* Article One of the United States Constitution, pertaining to the powers of the United States Congress
* Article One of the Constitution of India, pertaining to the federal nature of the republic
Other us ...
, Section 2: Section 2 of the Fourteenth Amendment reaffirms Article I, Section 2 in that regard when it says: In addition, the Seventeenth Amendment correspondingly describes the election of "two Senators from each State". Those who believe D.C. voting rights legislation would be unconstitutional point out that the District of Columbia is not a U.S. state. Advocates of voting rights legislation claim that Article I, Section 8, Clause 17 (the District Clause), which grants Congress "exclusive" legislative authority over the District, allows the Congress to pass legislation that would grant D.C. voting representation in the Congress.[
The Twenty-third Amendment says the District is entitled to: Since this amendment's adoption in 1961, the District has had three electoral votes in each presidential election.
]
Tax arguments
Unlike residents of U.S. territories such as Puerto Rico or Guam, which also have non-voting delegates, citizens of the District of Columbia are subject to all U.S. federal taxes. In fiscal year 2007, D.C. residents and businesses paid $20.4 billion in federal taxes; more than the taxes collected from 19 states and the highest federal taxes per capita. This situation has given rise to the use of the phrase " End Taxation Without Representation" by those in favor of granting D.C. voting representation in the Congress. The slogan currently appears on the city's vehicle license plates. The issue of taxation without representation in the District of Columbia is not new. For example, in ''Loughborough v. Blake'' , the Supreme Court said:
In 1971, Susan Breakefield sued to recover three years of income taxes she paid to the District of Columbia because she said she was a victim of taxation without representation
"No taxation without representation" is a political slogan that originated in the American Revolution, and which expressed one of the primary grievances of the Thirteen Colonies, American colonists for Kingdom of Great Britain, Great Britain. In ...
. Breakefield lost her case before both the District of Columbia Tax Court and the United States Court of Appeals, and the Supreme Court refused to hear the case.[
Opponents of D.C. voting rights point out that Congress appropriates money directly to the D.C. government to help offset some of the city's costs.] However, proponents of a tax-centric view against D.C. representation do not apply the same logic to the 32 states that received more money from the federal government in 2005 than they paid in taxes. Additionally, the federal government is exempt from paying city property taxes and the Congress prohibits the District from imposing a commuter tax on non-residents who work in the city. Limiting these revenue sources strains the local government's finances.[ Like the 50 states, D.C. receives ]federal grants
A grant is a fund given by an end entity grant – often a public body, charitable foundation, or a specialised grant-making institution – to an individual or another entity (usually, a non-profit organisation, sometimes a business or a local ...
for assistance programs such as Medicare, accounting for approximately 26% of the city's total revenue. Congress also appropriates money to the District's government to help offset some of the city's security costs; these funds totaled $38 million in 2007, approximately 0.5% of the District's budget. In addition to those funds, the U.S. government provides other services. For example, the federal government operates the District's court system, which had a budget of $272 million in 2008. Additionally, all federal law enforcement agencies, such as the U.S. Park Police
The United States Park Police (USPP) is one of the oldest uniformed federal law enforcement agencies in the United States. It functions as a full-service law enforcement agency with responsibilities and jurisdiction in those National Park Servic ...
, have jurisdiction in the city and help provide security. In total, the federal government provided about 33% of the District's general revenue. On average, federal funds formed about 30% of the states' general revenues in 2007.
Political considerations
Opponents of D.C. voting rights have also contended that the District is too small to warrant representation in the House and Senate. However, sponsors of voting rights legislation point out that both Wyoming and Vermont have a smaller population than the District of Columbia.
In modern times, all elections held in the district have been overwhelmingly won by the Democratic Party Democratic Party most often refers to:
*Democratic Party (United States)
Democratic Party and similar terms may also refer to:
Active parties Africa
*Botswana Democratic Party
*Democratic Party of Equatorial Guinea
*Gabonese Democratic Party
*Demo ...
. The Democrats' support of increased D.C. representation in Congress and the Republicans' opposition to it have been alleged to be purely for self-serving reasons.
Human rights
Since 2006, the United Nations Human Rights Committee report has cited the United States for denying D.C. residents voting rights in violation of the International Covenant on Civil and Political Rights, a treaty the United States ratified in 1992.
In 2015, D.C. became a member of the Unrepresented Nations and Peoples Organization.
Proposed reforms
Advocates for D.C. voting rights have proposed several competing reforms to increase the District's representation in Congress. These proposals generally involve either treating D.C. more like a state or allowing Maryland to take back the land it ceded to form the District.
Legislation
Several bills have been introduced in Congress to grant the District of Columbia voting representation in one or both houses of Congress.
The constitutional argument about whether Congress can provide the District of Columbia with a voting member in the House of Representatives, but not in the Senate, is heavily debated by each side. In ''Hepburn v. Ellzey
Hepburn may refer to:
Surname
People with the surname Hepburn (the most famous in recent times being actresses Katharine Hepburn and Audrey Hepburn):
* Hepburn (surname)
Linguistics
* Hepburn romanization, a system for the romanization of Japa ...
'' (1805), the Supreme Court held that the right of residents of the District to sue residents of other states is not explicitly stated in Article III, Section 2. In '' National Mutual Insurance Co. v. Tidewater Transfer Co., Inc'', , the Supreme Court held that Congress could grant residents of the District of Columbia a right to sue residents of other states. However, opponents of the constitutionality of the legislation to grant D.C. voting rights point out that seven of the nine Justices in ''Tidewater'' rejected the view that the District is a “state” for other constitutional purposes.[ Opponents have also pointed out that if the power of Congress to "exercise exclusive legislation" over the District is used to supersede other sections of the Constitution, then the powers granted to Congress could potentially be unlimited.]
On January 24, 2007, the Congressional Research Service (CRS) issued a report on this subject. According to the CRS, "it would appear likely that the Congress does not have authority to grant voting representation in the House of Representatives to the District."
A secondary criticism of a legislative remedy is that any law granting representation to the District could be undone in the future. Additionally, recent legislative proposals deal with granting representation in the House of Representatives only, which would still leave the issue of Senate representation for District residents unresolved. Thus far, no bill granting the District voting representation has passed both houses of Congress. A summary of legislation proposed since 2003 is provided below.
Proposals during administration of George W. Bush
The Justice Department during the administration of President George W. Bush
George Walker Bush (born July 6, 1946) is an American politician who served as the 43rd president of the United States from 2001 to 2009. A member of the Republican Party, Bush family, and son of the 41st president George H. W. Bush, he ...
took the position that “explicit provisions of the Constitution do not permit Congress to grant congressional representation to the District through legislation.” Various such proposals were considered by the Congress during Bush's tenure:
*The No Taxation Without Representation Act of 2003 ( and ) would have treated D.C. as if it were a state for the purposes of voting representation in the Congress, including the addition of two new senators; however, the bill never made it out of committee.
*The District of Columbia Fair and Equal House Voting Rights Act of 2006 () would have granted the District of Columbia voting representation in the House of Representatives only. This bill never made it out of committee.
*The District of Columbia Fair and Equal House Voting Rights Act of 2007 () was the first to propose granting the District of Columbia voting representation in the House of Representatives while also temporarily adding an extra seat to Republican-leaning Utah to increase the membership of the House by two. The addition of an extra seat for Utah was meant to entice conservative lawmakers into voting for the bill by balancing the addition of a likely-Democratic representative from the District. The bill still did not make it out of committee.
*The District of Columbia House Voting Rights Act of 2007 () was essentially the same bill as H.R. 328 introduced previously in the same Congress. This bill would still have added two additional seats to the House of Representatives, one for the District of Columbia and a second for Utah. The bill passed two committee hearings before finally being incorporated into a second bill of the same name. The new bill () passed the full House of Representatives in a vote of 214 to 177. The bill was then referred to the Senate () where it passed in committee. However, the bill could only get 57 of the 60 votes needed to break a Republican filibuster
A filibuster is a political procedure in which one or more members of a legislative body prolong debate on proposed legislation so as to delay or entirely prevent decision. It is sometimes referred to as "talking a bill to death" or "talking out ...
and consequently failed on the floor of the Senate. Following the defeated 2007 bill, voting rights advocates were hopeful that Democratic Party gains in both the House of Representatives and the Senate during the November 2008 elections would help pass the bill during the 111th Congress
The 111th United States Congress was a meeting of the legislative branch of the United States federal government from January 3, 2009, until January 3, 2011. It began during the last weeks of the George W. Bush administration, with th ...
. Barack Obama, a Senate co-sponsor of the 2007 bill, said during his 2008 presidential campaign that as President he would continue to support the rights of DC residents.
Proposal during administration of Barack Obama
On January 6, 2009, senators Joe Lieberman of Connecticut and Orrin Hatch of Utah and D.C. Delegate Eleanor Holmes Norton introduced the District of Columbia House Voting Rights Act of 2009 ( and ). On February 26, 2009, the Senate passed S. 160 by a vote of 61–37. However, before passing the bill, the Senate adopted an amendment by Senator John Ensign that would have removed the authority of the District of Columbia to prohibit or unduly burden the ability of its residents to possess guns in their homes, on their property, or at their places of business. The Ensign amendment would have also repealed District legislation requiring gun registration, the District's ban on semiautomatic weapons, and the District's criminal penalties for possession of an unregistered handgun. Following the Senate's passage of the bill, as amended, House Majority Leader Steny Hoyer
Steny Hamilton Hoyer (born June 14, 1939) is an American politician and attorney serving as the United States House of Representatives, U.S. representative for since 1981 and as House majority leader, House Majority Leader since 2019. A Democrat ...
said on March 4 that he had postponed a House vote on the bill for at least a week, but it quickly became clear there were not enough votes to bring the bill to the floor without any amendments. Despite Hoyer's efforts to have the amendment's supporters withdraw it and propose it as separate legislation, and Norton's efforts to achieve consensus within the District's political community, where there is strong opposition to Ensign's amendment, Hoyer had to announce on June 9 that the bill was on hold indefinitely. In April 2010, the bill rather abruptly returned to the agenda, but the week a vote was expected, Hoyer declared the bill was unlikely to be passed during the 111th Congress. District politicians reiterated their opposition to the House passing the bill with Ensign's amendment. The House bill was reintroduced in the 112th Congress as .
The Justice Department
A justice ministry, ministry of justice, or department of justice is a ministry or other government agency in charge of the administration of justice. The ministry or department is often headed by a minister of justice (minister for justice in a ...
has split over the constitutionality of legislation to give the District of Columbia voting representation in the House of Representatives. The Office of Legal Counsel
The Office of Legal Counsel (OLC) is an office in the United States Department of Justice that assists the Attorney General's position as legal adviser to the President and all executive branch agencies. It drafts legal opinions of the Attorney ...
reported to Attorney General Eric Holder that the proposed legislation would be unconstitutional, but Holder overrode that determination and instead obtained an opinion from officials of the United States Solicitor General's office that the legislation could be defended if it were challenged after its enactment.
Retrocession
The process of reuniting the District of Columbia with the state of Maryland is referred to as retrocession. The District was originally formed out of parts of both Maryland and Virginia which they had ceded
The act of cession is the assignment of property to another entity. In international law it commonly refers to land transferred by treaty. Ballentine's Law Dictionary defines cession as "a surrender; a giving up; a relinquishment of jurisdictio ...
to the Congress. However, Virginia's portion was returned to that state in 1846; all the land in present-day D.C. was once part of Maryland. If both the Congress and the Maryland state legislature agreed, jurisdiction over the District of Columbia could be returned to Maryland, possibly excluding a small tract of land immediately surrounding the United States Capitol, the White House, and the Supreme Court building. If the District were returned to Maryland, citizens in D.C. would gain voting representation in the Congress as residents of Maryland. One problem with any of these proposals, according to one Virginia Republican in a 1999 interview, is that the state of Maryland does not currently want to take the District back. Further, although the U.S. Constitution does not specify a minimum size for the District, retrocession may require a constitutional amendment, as the District's role as the seat of government is mandated by the Constitution's District Clause.[ Retrocession could also alter the idea of a separate national capital as envisioned by the ]Founding Fathers
The following list of national founding figures is a record, by country, of people who were credited with establishing a state. National founders are typically those who played an influential role in setting up the systems of governance, (i.e. ...
. It may also violate the Twenty-third Amendment to the United States Constitution's granting of votes in the electoral college, as they would still be constitutionally granted to the district.
A proposal related to retrocession was the District of Columbia Voting Rights Restoration Act of 2004 (), which would have treated the residents of the District as residents of Maryland for the purposes of congressional representation. Maryland's congressional delegation would then be apportioned accordingly to include the population of the District. Those in favor of such a plan argue that the Congress already has the necessary authority to pass such legislation without the constitutional concerns of other proposed remedies. From the foundation of the District in 1790 until the passage of the Organic Act of 1801
The District of Columbia Organic Act of 1801, officially An Act Concerning the District of Columbia (6th Congress, 2nd Sess., ch. 15, , February 27, 1801), is an organic act enacted by the United States Congress in accordance with Article 1, Sec ...
, citizens living in D.C. continued to vote for members of Congress in Maryland or Virginia; legal scholars therefore propose that the Congress has the power to restore those voting rights while maintaining the integrity of the federal district.[ However, the proposed legislation never made it out of committee.]
Amendment process
Given the potential constitutional problems with legislation granting the District voting representation in Congress, scholars have proposed that amending the U.S. Constitution would be the appropriate manner to grant D.C. full representation.
District of Columbia Voting Rights Amendment
In 1978, Congress proposed the District of Columbia Voting Rights Amendment. Under this amendment, the District of Columbia would have been "treated as though it were a State" regarding congressional representation, presidential elections (replacing the limited treatment under the Twenty-third Amendment), and the constitutional amendment process. The amendment had to be ratified within seven years to be adopted. The amendment was ratified by only 16 states, short of the requisite three-fourths (38) of the states, and so it expired in 1985. The amendment has never been resubmitted for ratification.
Murkowski proposal
Senator Lisa Murkowski
Lisa Ann Murkowski ( ; born May 22, 1957) is an American attorney and politician serving as the senior United States senator for Alaska, having held that seat since 2002. Murkowski is the second-most senior Republican woman in the Senate, after S ...
- (R- AK) believed the District of Columbia House Voting Rights Act of 2009 would be unconstitutional if adopted, and so she proposed a constitutional amendment to provide the District with one representative. Unlike the District of Columbia Voting Rights Amendment, Murkowski's proposal would not have provided the District any Senators or a role in the constitutional amendment process. Her proposal was referred to the Senate Judiciary Committee, which never acted on the proposal.
Statehood
Article IV, Section 3, Clause 1 of the Constitution gives Congress power to grant statehood. If the District were to become a state, congressional authority over the District would be terminated, and residents would have full voting representation in both houses of Congress. However, there are some constitutional considerations with any such statehood proposal.
In 1980, local citizens passed an initiative calling for a constitutional convention for a new state. In 1982, voters ratified the constitution of a new state to be called "New Columbia". This campaign for statehood stalled. After the District of Columbia Voting Rights Amendment expired in 1985, another constitution for the state of New Columbia was drafted in 1987. The House of Representatives voted on D.C. statehood in November 1993, and the proposal was defeated by a vote of 277 to 153. Like retrocession, it has been argued that D.C. statehood would erode the principle of a separate federal territory as the seat of the federal government and that a constitutional amendment would be needed to avoid a violation of the Constitution's District Clause.
On April 15, 2016, District Mayor Muriel Bowser called for a citywide vote on whether the District should become the 51st state. This was followed by the release of a proposed state constitution. This constitution would make the mayor of the District of Columbia
The mayor of the District of Columbia is the head of the executive branch of the government of the District of Columbia, in the United States. The mayor has the duty to enforce district laws, and the power to either approve or veto bills passed ...
the governor of the proposed state, while the members of the City Council would make up the proposed House of Delegates. Despite requests for a different name, the proposed state constitution refers to the District as "New Columbia." However, the Council of the District of Columbia
The Council of the District of Columbia is the legislative branch of the local government of the District of Columbia, the capital of the United States. As permitted in the United States Constitution, the district is not part of any U.S. state ...
passed legislation making the proposed name "State of Washington, D.C." Under this proposed name "D.C." stands for "Douglass Commonwealth," a reference to the historic abolitionist Frederick Douglass. District residents voted overwhelmingly in favor of statehood, in an advisory referendum, but statehood legislation is unlikely to be enacted. On June 26, 2020, during the 116th Congress, the House of Representatives passed a bill to grant statehood to the District () by a vote of 232–180. H.R. 51 never received a vote in the Senate during the 116th Congress. The Office of Management and Budget said President Donald Trump's advisors would have recommended he veto H.R. 51 if it was passed by Congress. H.R. 51 was introduced in the 117th Congress.
On January 26, 2021, Tom Carper of Delaware also introduced a similar bill, S. 51, "A bill to provide for the admission of the State of Washington, D.C. into the Union" into the United States Senate with a record 38 co-sponsors.
On April 14, the United States House Committee on Oversight and Reform voted to pass H.R. 51, paving the way for the whole House to vote on it. The House passed that bill on April 22 with a vote of 216–208. On April 30, Democratic senator Joe Manchin came out against both H.R. 51 and S. 51, effectively dooming their passage.
Comparison with other national capitals
Other countries with federal systems similar to the U.S. either extend full voting rights to residents of the federal capital, comparable to those of a constituent state, or have established their capital within a larger sub-national jurisdiction.
Federal states
Federal districts and territories
In the National Congress of Argentina, the Autonomous City of Buenos Aires has 25 seats in the Chamber of Deputies
The chamber of deputies is the lower house in many bicameral legislatures and the sole house in some unicameral legislatures.
Description
Historically, French Chamber of Deputies was the lower house of the French Parliament during the Bourbon R ...
as well as three in the Senate
A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the el ...
, the same as a province.
In the Parliament of Australia, the Australian Capital Territory (ACT) has seats in both the House of Representatives and Senate
A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the el ...
. However, it was not until 1974 that residents of the ACT were able to vote for the latter. Unlike a state, which elects twelve senators, the ACT only elects two which is equal to the representation by the Northern Territory.
In the National Congress of Brazil, the Federal District has eight seats in the Chamber of Deputies
The chamber of deputies is the lower house in many bicameral legislatures and the sole house in some unicameral legislatures.
Description
Historically, French Chamber of Deputies was the lower house of the French Parliament during the Bourbon R ...
, and three in the Federal Senate
A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature.
Senate or the Senate may also refer to:
* Any one of the national senates in the world, including
** The Brazilian Senate
** The United States Sen ...
, the same number as a state.
In the Parliament of India, the National Capital Territory
Delhi, officially the National Capital Territory (NCT) of Delhi, is a city and a union territory of India containing New Delhi, the capital of India. Straddling the Yamuna river, primarily its western or right bank, Delhi shares borders w ...
of Delhi is represented by seven members in the Lok Sabha (lower house)[Lok Sabha constituencies get a new profile]
''The Hindu
''The Hindu'' is an Indian English-language daily newspaper owned by The Hindu Group, headquartered in Chennai, Tamil Nadu. It began as a weekly in 1878 and became a daily in 1889. It is one of the Indian newspapers of record and the secon ...
'', 7 September 2006 and three members in the Rajya Sabha (upper house), the latter being indirectly elected by the union territory's Legislative Assembly. Hence, it is represented on the same basis as the other states of the Union.
In the Parliament of Malaysia, the federal territory of Kuala Lumpur (the original federal capital and still the seat of parliament) has eleven MPs in the Dewan Rakyat
The Dewan Rakyat (English: 'House of Representatives'; ) is the lower house of the bicameral Parliament, the federal legislature of Malaysia. The chamber and its powers are established by Article 44 of the Constitution of Malaysia. The Dewan Ra ...
(lower house) by members, while Putrajaya
Putrajaya (), officially the Federal Territory of Putrajaya ( ms, Wilayah Persekutuan Putrajaya), is a planned capital city which functions as the administrative capital and the judicial capital of Malaysia. The seat of the federal government ...
(the administrative center since 1999) has one. In the Dewan Negara
The Dewan Negara (English language, English: Senate; Literal translation, lit. "State Council") is the upper house of the Parliament of Malaysia, consisting of 70 senators of whom 26 are elected by the State legislative assemblies of Malaysia, ...
(upper house), each of the federal territories is represented by two senators, but these are appointed on the advice of the Prime Minister. In contrast, those representing the states are indirectly elected by each state legislative assembly.
In the Congress of Mexico, Mexico City is represented in the Chamber of Deputies
The chamber of deputies is the lower house in many bicameral legislatures and the sole house in some unicameral legislatures.
Description
Historically, French Chamber of Deputies was the lower house of the French Parliament during the Bourbon R ...
, as well as the Senate
A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the el ...
.
In the National Assembly of Nigeria, the Federal Capital Territory
A territory is an area of land, sea, or space, particularly belonging or connected to a country, person, or animal.
In international politics, a territory is usually either the total area from which a state may extract power resources or a ...
has two seats in the House of Representatives and one seat in the Senate
A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the el ...
, unlike the states, each of which has three.
In the Parliament of Pakistan, the Islamabad Capital Territory has two seats in the National Assembly and four in the Senate
A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the el ...
.
City-states
Berlin, the capital of Germany, is also both a city and one of the sixteen states and is represented on the same basis as the other states in the directly elected Bundestag, in which it has about twenty-four directly elected seats, and the indirectly elected Bundesrat, to which its Senate
A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the el ...
(or executive) sends four members.
Vienna, the capital of Austria, is also one of the nine states and is represented on the same basis as the other states in the Parliament, in the directly elected National Council and the indirectly elected Federal Council, to which its Gemeinderat and Landtag sends members.
Brussels, the capital of Belgium, is also one of the three regions of Belgium, forming the Brussels-Capital Region, and is represented in the Federal Parliament by fifteen directly elected members of the Chamber of Representatives and indirectly elected members of the Senate
A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the el ...
, chosen by the Parliament of the Brussels-Capital Region. In addition, as the capital of the Flemish Region and the Flemish Community
The Flemish Community ( nl, Vlaamse Gemeenschap ; french: Communauté flamande ; german: Flämische Gemeinschaft ) is one of the three institutional communities of Belgium, established by the Belgian constitution and having legal responsibilitie ...
, Brussels is also represented in the Flemish Parliament
The Flemish Parliament (Dutch: , formerly called Flemish Council or ''Vlaamse Raad'') constitutes the legislative power in Flanders for matters which fall within the competence of Flanders, both as a geographic region and as a cultural communi ...
. However, its members have no voting rights on matters devolved to the Brussels-Capital Region. The city is also capital of the French Community
The French Community (1958–1960; french: Communauté française) was the constitutional organization set up in 1958 between France and its remaining African colonies, then in the process of decolonization. It replaced the French Union, which ...
and has members in the Parliament of the French Community
The Parliament of the French Community (french: Parlement de la Communauté française or PCF) is the legislative assembly of the French Community of Belgium based in the Quartier Royal. It consists of all 75 members of the Walloon Parliament exce ...
, elected by the French linguistic group of the Parliament of the Brussels-Capital Region.
Other federal capitals
Ottawa
Ottawa (, ; Canadian French: ) is the capital city of Canada. It is located at the confluence of the Ottawa River and the Rideau River in the southern portion of the province of Ontario. Ottawa borders Gatineau, Quebec, and forms the core ...
, the capital of Canada, has remained a part of Ontario, one of the country's four founding provinces, since the country's establishment in 1867. The National Capital Commission
The National Capital Commission (NCC; french: Commission de la capitale nationale, CCN) is the Crown corporation responsible for development, urban planning, and conservation in Canada's Capital Region (Ottawa, Ontario and Gatineau, Quebec), i ...
(NCC) administers and manages federal property in the city, but in almost all respects the city is subject to federal and provincial laws on the same basis as the rest of Ontario. The current elected municipal government and city boundaries of the Canadian capital were established in 2001 by provincial legislation. Residents of Ottawa elect representatives to both the Parliament of Canada
The Parliament of Canada (french: Parlement du Canada) is the federal legislature of Canada, seated at Parliament Hill in Ottawa, and is composed of three parts: the King, the Senate, and the House of Commons. By constitutional convention, the ...
and the Legislative Assembly of Ontario
The Legislative Assembly of Ontario (OLA, french: Assemblée législative de l'Ontario) is the legislative chamber of the Canadian province of Ontario. Its elected members are known as Members of Provincial Parliament (MPPs). Bills passed by ...
. Since Ontarian election law currently stipulates that the electoral boundaries for most provincial constituencies, including those in Ottawa, match those of federal constituencies, Ottawa elects the same number of legislators (currently eight) to each of the federal and provincial parliaments. In addition, several current and former members of the appointed Senate
A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the el ...
have self-identified as representing the city of Ottawa.
The legislature and executive of the Switzerland
). Swiss law does not designate a ''capital'' as such, but the federal parliament and government are installed in Bern, while other federal institutions, such as the federal courts, are in other cities (Bellinzona, Lausanne, Luzern, Neuchâtel ...
are located in Bern
german: Berner(in)french: Bernois(e) it, bernese
, neighboring_municipalities = Bremgarten bei Bern, Frauenkappelen, Ittigen, Kirchlindach, Köniz, Mühleberg, Muri bei Bern, Neuenegg, Ostermundigen, Wohlen bei Bern, Zollikofen
, website ...
, but Swiss law does not designate a capital district of any kind. Bern voters are represented in the Federal Assembly as part of the Canton of Bern
The canton of Bern or Berne (german: Kanton Bern; rm, Chantun Berna; french: canton de Berne; it, Canton Berna) is one of the 26 cantons forming the Swiss Confederation. Its capital city, Bern, is also the ''de facto'' capital of Switzerland. ...
.
The city of Abu Dhabi
Abu Dhabi (, ; ar, أَبُو ظَبْيٍ ' ) is the capital and second-most populous city (after Dubai) of the United Arab Emirates. It is also the capital of the Emirate of Abu Dhabi and the centre of the Abu Dhabi Metropolitan Area.
...
is the capital of the United Arab Emirates, and is represented in the partially elected, quasi-parliamentary Federal National Council as part of the Emirate of Abu Dhabi.The government and political system in the UAE
/ref>
Unitary states
Paris, the capital of France, is also one of the special status collectivities, but is nevertheless represented on the same basis as the other departments in the National Assembly and the Senate
A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the el ...
.
London, the capital of England and of the United Kingdom, is both a ceremonial county
The counties and areas for the purposes of the lieutenancies, also referred to as the lieutenancy areas of England and informally known as ceremonial counties, are areas of England to which lords-lieutenant are appointed. Legally, the areas i ...
and one of the nine officially-recognized regions of England
The regions, formerly known as the government office regions, are the highest tier of sub-national division in England, established in 1994. Between 1994 and 2011, nine regions had officially devolved functions within government. While they no ...
. Although the formal creation of these regions is not regarded to have federalized England, London nevertheless now has an elected regional government, led by the Mayor of London. This is currently the only such elected regional government in England. Greater London elects 73 out of 650 MPs to the Parliament of the United Kingdom. Until the Withdrawal of the United Kingdom from the European Union
Brexit (; a portmanteau of "British exit") was the withdrawal of the United Kingdom (UK) from the European Union (EU) at 23:00 GMT on 31 January 2020 (00:00 1 February 2020 CET).The UK also left the European Atomic Energy Community (EAEC or ...
, it formed its own constituency that elected members to the European Parliament.
Rome, the capital of Italy, is part of the Lazio 1 Constituency for what concerns elections to the Chamber of Deputies
The chamber of deputies is the lower house in many bicameral legislatures and the sole house in some unicameral legislatures.
Description
Historically, French Chamber of Deputies was the lower house of the French Parliament during the Bourbon R ...
and part of the Lazio Constituency for what concerns elections to the Senate
A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the el ...
. Lazio, the region Rome belongs to, is constitutionally
A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of entity and commonly determine how that entity is to be governed.
When these princip ...
entitled to no less than 3 senators, just as every other region aside from Molise (which is constitutionally entitled to no less than 2 senators) and Valle d'Aosta (which is constitutionally entitled to no less than 1 senator).
Tokyo, one of the 47 prefectures of Japan, is in many respects regarded as a prefecture like any other, although in English it is officially known as the ''Tokyo Metropolis'' and its elected government the ''Tokyo Metropolitan Government.'' Voters in the Japan
Japan ( ja, 日本, or , and formally , ''Nihonkoku'') is an island country in East Asia. It is situated in the northwest Pacific Ocean, and is bordered on the west by the Sea of Japan, while extending from the Sea of Okhotsk in the north ...
ese capital elect lawmakers to the National Diet
The is the national legislature of Japan. It is composed of a lower house, called the House of Representatives (Japan), House of Representatives (, ''Shūgiin''), and an upper house, the House of Councillors (Japan), House of Councillors (, ...
on the same basis as in the rest of Japan.
See also
* Voting rights in the United States
* Uniformed and Overseas Citizens Absentee Voting Act
* Federal voting rights in Puerto Rico
Voting rights of United States citizens who live in Puerto Rico, like the voting rights of residents of other United States territories, differ from those of United States citizens in each of the fifty states and the District of Columbia. Resi ...
Notes
References
External links
D.C. Statehood Green Party
DC Vote
DC Represent
Cityhood for DC
* ttp://studentsfordcstatehood.org Students for D.C. Statehood
{{Suffrage
Voting rights
History of voting rights in the United States