The Constitution states that “Congress shall have Power … To exercise exclusive Legislation in all Cases whatsoever, 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.” In other words, the Constitution gives the federal government the exclusive authority to administer the District of Columbia. Under this arrangement, the District cannot fall under the jurisdiction of any state.
Why did the Framers write this arrangement into the Constitution? James Madison explains in Federalist Paper 43: “Without (complete authority at the seat of government), not only the (federal government) might be insulted and its proceedings interrupted with impunity; but a dependence of the members of the (federal) government on the State comprehending the seat of the government, for protection in the exercise of their duty, might bring on the (federal government) an imputation of awe or influence, equally dishonorable to the government and dissatisfactory to the other (states).”
It is inherently problematic to make the security of the supreme government dependent on an entity other than itself. This concern is very much alive today. On January 5, D.C. mayor Muriel Bowser claimed that D.C. police were “well trained and prepared to lead the law enforcement, coordination and response to allow for the peaceful demonstration of First Amendment rights.” The very next day, this “well trained and prepared” police force could not stop a mob from breaking into the Capitol, insulting and interrupting the proceedings of Congress. In this instance, relying on D.C. police for security had disastrous consequences. At least under the current arrangement, Congress can make any reforms it deems necessary to ensure this doesn’t happen again.
To comply with the Constitution, D.C. statehood advocates suggest shrinking the size of the federally administered zone to encompass only the important federal buildings while allowing the rest of the District to become a state. But, as attorney R. Hewitt Pate points out, “this federal enclave could not function as a self-contained entity. It is inextricably connected by sewer systems, water systems, roads, and … dependence on the New Columbia for fire protection, police protection and the like would raise any number of jurisdictional problems.” This is precisely the situation James Madison feared: Such an outsized dependence on a single state would provide that state an outsized influence on the federal government.
Despite this rationale behind the Framers’ intentions, it isn’t strictly unconstitutional to shrink the size of D.C. The New Columbia Statehood Commission reminds us that “Congress has the authority to redefine the borders of the federal district and shrink its size, as it did in 1846, when the portion west of the Potomac was returned to Virginia.” However, this raises the question: Why not return the remaining portion to Maryland instead of creating a whole new state? Indeed, “unlike other states,” writes Hewitt Pate of the Heritage Foundation, “the District does not possess the ‘multiplicity of interests’ Madison described in Federalist 51 as the essence of civil government.” Besides, it is far more reasonable to address any concerns about voting representation by reincorporating D.C. into Maryland rather than dethroning Rhode Island as the smallest state in America. But of course, D.C. statehood advocates care more about increasing Democratic power in the Senate than about reasonably addressing these concerns.
Nevertheless, the issue of voting representation still stands, as does the Framers’ argument against statehood. The better solution, therefore, is not to add another state to the Union but rather to add an amendment to the Constitution providing D.C. with a voting member in the House of Representatives.
[email protected] • Apr 16, 2021 at 2:51 am
[email protected] • Apr 24, 2021 at 9:26 am
Hi Eric,
I believe you wrote this in response to Mike but I have a few thoughts on it myself.
I think we agree that a citizen’s right to representation shouldn’t depend on where they reside. Some of my fellow conservatives reject this, saying that D.C. citizens should move if they want to fully access their rights as citizens. I disagree with them but I don’t think their point is as weak as it may appear at first glance. There are certain places where it seems appropriate to limit the exercise of rights. On a military base, for example, one’s rights to free expression and self-government are necessarily limited for the sake of efficiency and security. A similar case might be made for the capital—in fact, the very same clause in which the Constitution grants federal authority over D.C. is also the one that grants “like Authority over all” military facilities.¹ Maintaining the security and efficient operation of government may require anyone who chooses to enter/stay in the capital area to give up some of their rights. So long as they are not prevented from leaving the area to access their full array of rights, not much harm is done.
I already explained how to grant Maryland citizenship to D.C. residents without Maryland’s consent in my response to your other comment so I’ll turn now to your last point.
I agree that depriving Missourians of their rights to property and representation is a bad idea—not to mention the fact that this proposal is indefensible simply on considering the sheer cost of moving the federal capital. As for Puerto Rican statehood, it truly is, as you put it, “a bit debatable.” I go through some of the complications in my response to Mike if you want to read about it. Personally, I think the future of Puerto Rico—whether for statehood, sovereignty, or some other status—should be decided by the Puerto Rican people themselves (although Congress should review all requests for statehood). The issue of citizenship for American Samoans was something I didn’t know about until now, thanks for bringing it to my attention. I could not find any Supreme Court case that “declared them an uncivilized race”; however, I did find a source that claims “the U.S. State Department and the U.S. Navy refused to recognize American Samoans as citizens . . . in large part due to racial stereotypes.”² That being said, the matter of changing this status is also a bit debatable: “Line-Noue Memea Kruse, author of ‘The Pacific Insular Case of American Samoa,’ said ending American Samoans’ distinct status as ‘noncitizen U.S. nationals’ may eventually lead federal judges to rule that their customary political system and land rights are unconstitutional, comparing it to what has happened to Native Hawaiians in Hawaii.”³
I hope this provides some food for thought. Thanks for the comments!
—Benjamin Morawek
Notes
¹ U.S. Const. art. I, § 8. https://www.archives.gov/founding-docs/constitution-transcript#toc-section-8-:~:text=and%20to%20exercise%20like%20Authority%20over,Arsenals%2C%20dock%2DYards%2C%20and%20other%20needful%20Buildings
² Equally American (n.d.). Why are people born in American Samoa not recognized as U.S. citizens? Retrieved from https://www.equalrightsnow.org/why_people_born_in_american_samoa_not_recognized_as_u_s_citizens
³ Van Dyke, M. B. (2019, December 17). Why some American Samoans don’t want U.S. citizenship. NBC News. Retrieved from https://www.nbcnews.com/news/asian-america/why-some-american-samoans-don-t-want-u-s-citizenship-n1103256
[email protected] • Apr 16, 2021 at 2:39 am
DC cannot send in defenses without a federal request as could Virginia and Maryland. The fault was federal, not a failure by DC.
The Virginia portion of DC was returned to Virginia with the agreement of Virginia, Congress and DC in order to facilitate the slave trade.
The framers never intended to create a place with taxation and no representation. That happened later as freed enslaved peoples began living in DC.
DC cannot become a part of Maryland with the concent of Maryland, Congress and DC. Both DC and Maryland have not agreed to reunite and Maryland polls don’t support reuniting. The best way to give DC proper representation is through a constitutional amendment. But that has less support so statehood is the simplest option.
DC has a greater land mass and population than several independent nations. Any argument against statehood is a move against equal representation. If DC were a white republican city it would have had equal representation years ago. In fact, DC is required to elect two non-majority city council members (read non democratic) and if Congress doesn’t like the laws passed they can prevent.them.from becoming law or they can even prevent.the votes from being counted. Wow, just think about that and wonder how it could happen…
[email protected] • Apr 24, 2021 at 8:01 am
Eric,
Thank you for your comment. Regarding the authority to send/request law enforcement support, the timeline surrounding the Jan. 6 attack released by the Dept. of Defense¹ reveals that the D.C. local government is (1) responsible for enforcing the law within the District and (2) able to request additional support from the D.C. National Guard and the U.S. Army—of course, these requests are subject to the approval of the federal government but that wasn’t an issue leading up to the Jan. 6 attack. On the contrary, President Trump approved the activation of the National Guard on Jan. 3, and on the following day, the Acting Sec. of Defense “approve[d] the activation of 340 members of the [National Guard] . . . [and] a Quick Reaction Force (40 personnel staged at Joint Base Andrews) if additional support [was] requested.”² But then, on Jan. 5, D.C. Mayor Bowser sent the letter I mentioned in the article wherein she asserted that “The District of Columbia Government has not requested personnel from any other federal law enforcement agencies. . . . [D.C. police are] well trained and prepared to lead the law enforcement, coordination and response to allow for the peaceful demonstration of First Amendment rights.”³ The fault was not federal, they offered more support; it was a failure by D.C.
Your next point led me to research an interesting proposal that I hadn’t considered before. You’re correct that “DC cannot become a part of Maryland with[out] the con[s]ent of Maryland” but it appears that Congress can grant Maryland citizenship to D.C. residents without Maryland’s consent. I know that sounds a little confusing but it’s true and it comes from the fact that, as you mentioned, “The framers never intended to create a place with taxation and no representation.” When the District was originally formed, the people living in it did not lose their Virginia or Maryland citizenship—they continued to vote for presidents and members of Congress as Virginians or Marylanders.⁴ Congress stripped D.C. residents of their state citizenship and voting rights with the Organic Act of 1801 and it stands to reason that Congress can “restore rights by statute that it took away by statute.”⁵ Because the Constitution gives the federal government the exclusive authority to administer D.C., Congress needs neither Maryland’s nor D.C.’s consent to restore Maryland citizenship while retaining jurisdictional supremacy over the District. I think this solution is both the simplest and more likely to find greater bipartisan support than the current proposal for statehood.
You point out that “DC has a greater land mass and population than several independent nations.” While this is true, it justifies neither statehood nor independent sovereignty. James Madison’s great insight was that “In a free government the security for civil rights . . . consists . . . in the multiplicity of interests. . . . The degree of security . . . will depend on the number of interests . . . and this may be presumed to depend on the extent of country and number of people comprehended under the same government.”⁶ As R. Hewitt Pate explains, “Unlike other states, the District does not possess the ‘multiplicity of interests’ Madison described in Federalist No. 51 as the essence of civil government. There is no rural or agricultural area. There is no manufacturing. As several commentators have put it, the District is a company town, and that company is the federal government.”⁷
You claim that “If DC were a white republican city it would have had equal representation years ago.” While that may or may not be true, it would not justify D.C. statehood because, whether it’s a red state or a blue state, the federal government’s outsized dependence on it would provide that state an outsized influence on the federal government and that is both dangerous and unfair to the other states.
You say that “if Congress doesn’t like the laws passed [by D.C.,] they can prevent them from becoming law or they can even prevent the votes from being counted. Wow, just think about that and wonder how it could happen….” I have thought about it and the explanation makes a lot of sense: It is inherently problematic to make the security of the supreme government dependent on an entity other than itself; therefore, the supreme government must have the exclusive authority to administer the area around which it conducts its business. I favor granting congressional representation and broad self-governing autonomy to D.C. residents; however, I recognize that the wellbeing of the nation depends on maintaining an arrangement that provides the United States with ultimate authority over its own capital.
I hope these thoughts intrigued you. The criticisms you made were insightful and pushed me to think in new ways, thank you for that. I would very much like to know what you think of my response.
Sincerely,
Benjamin Morawek
Notes
¹ U.S. Dept. of Defense (2021, January 11). Planning and Execution Timeline for the National Guard’s Involvement in the January 6, 2021, Violent Attack at the U.S. Capitol. Retreived from https://media.defense.gov/2021/Jan/11/2002563151/-1/-1/0/PLANNING-AND-EXECUTION-TIMELINE-FOR-THE-NATIONAL-GUARDS-INVOLVEMENT-IN-THE-JANUARY-6-2021-VIOLENT-ATTACK-AT-THE-US-CAPITOL.PDF
² Ibid., p. 1.
³ Bowser, M. (2021, January 5). To be clear, the District of Columbia is not requesting other federal law enforcement personnel. Twitter, https://twitter.com/MayorBowser/status/1346530358674792466?s=20
⁴ Rohrabacher, D. (2004, June 23). Common-Sense Justice for the Nation’s Capital: An Examination of Proposals to Give D.C. Residents Direct Representation. Retrieved from http://webarchive.loc.gov/all/20081129034542/https%3A//www.dcvote.org/pdfs/drohrabacher062304.pdf
⁵ Ibid., p. 5.
⁶ Madison, J. (1788, February 8). The Structure of the Government Must Furnish the Proper Checks and Balances Between the Different Departments. New York Packet. Retrieved from the Library of Congress, https://guides.loc.gov/federalist-papers/text-51-60#s-lg-content-48956953:~:text=In%20a%20free%20government%20the%20security,people%20comprehended%20under%20the%20same%20government
⁷ Pate, R. W. (1993, January 28). D.C. Statehood: Not Without a Constitutional Amendment. Heritage Foundation. Retrieved from https://www.heritage.org/political-process/report/dc-statehood-not-without-constitutional-amendment/#block-mainpagecontent:~:text=Unlike%20other%20states%2C%20the%20District%20does,that%20company%20is%20the%20federal%20government
[email protected] • Apr 15, 2021 at 3:30 am
The constitution also doesn’t allow for the federal authority to take property from one state to form another without their consent. If representation of the district is truly an issue, then there are a few options. 1. People should move out of the district. What better way to have representation, than to belong to one of the states that make up the "United States". 2. Cede some of DC back to Maryland and forbit occupation of the federal district that is leftover. Turn those properties into Bed & Breakfasts. 3. Relocate the seat of the federal government to a more central location in the United States, and disallow permanent residency and land ownership there. If representation were truly the goal, then why is Puerto Rico, more qualified, and deserving of statehood, still unable to become a state?