D.C. Statehood

While the issue of D.C. Statehood is an old and well debated one, it’s somewhat fresh now because a series of news outlets (particularly the Washington Post) have started renewed writing on the issue because of the recent political push among the District’s leadership for statehood, and particularly for economic independence from Congress.

Some of the recent articles:

The Atlantic: The State of New Columbia

WaPo: The District is about to declare independence

My position is there should not, and cannot be, statehood for the district. I’d say in the “here and now”, I’d be quite fine with financial independence for the district. Namely, their budgeting process and ability to spend money they raise should go into effect immediately upon the D.C. council’s approving it, it can be sent to Congress which with a majority of both houses can block it from taking effect and propose revisions, but if they do nothing it just remains in effect. This way the district isn’t prevented from spending its own revenue during government shut downs and other things of that nature, and it will take an active majority in both parties to actually strike down D.C. budgets and change them.

Long term–I agree it’s a “problem” that district residents have no Senate or House representation (meaningful–the D.C. House member cannot participate in the real/final roll call vote, although she can vote in committee.) However I’ll note it’s not a problem unique to D.C.–all of the non-State territories of the country share this problem, and Puerto Rico has a larger population and arguably more of an argument that it should be represented, and it doesn’t even get to participate in the electoral college (D.C. does.) So to me I don’t view it as a major issue, but I concede it is an issue.

My solution would not be statehood, though. I for one, do not really think we should introduce a state that would be so geographically small, we’d essentially be making a single city a state, with two Senators and a House member. Yes, D.C. has more people than both Vermont and Wyoming, but theoretically that situation will probably not persist. Due to D.C.'s zoning laws and the Height of Buildings Act of 1910 there is a realistic “hard limit” to how much D.C. itself can really grow. Whereas Wyoming and Vermont both have few residents and aren’t growing particularly fast, they have far more land (especially Wyoming, but even Vermont is many times the size of Rhode Island which is the smallest state and which itself is many times the size of the District) and could and likely will eventually be larger than the District can grow to be.

While geography may seem unimportant, I argue that there’s some good sense to having states be at least a certain size. I’d also argue there’s some sense in them being a certain population, too–and while I recognize there’s nothing to be done for it in some cases, arguably we probably shouldn’t have made Wyoming a separate state given its very sparse population. But there are management issues that can arise for State governments overseeing vast stretches of underpopulated land, I suppose.

Additionally, I would likewise argue that setting the precedent of a “city” being a state, seems bad to me. Now, I do not really think D.C. statehood would dramatically increase the chance of say, New York or Chicago seceding from their respective states to become their own states–particularly since the constitution requires the consent of the state legislature and the Congress to handle such split ups, I think it does create the groundwork for the idea of a “single city as a state, with full privileges of a state.”

I think the biggest argument for me is one of simple constitutional principle. We have a precedent set in 1846–the original district was 100 sq. miles with 31 sq. miles being on the Virginia side of the Potomac, the Virginia General Assembly passed legislation stating it would accept the Virginia cession back from the Federal government if the Federal government made such a retrocession. The Federal government passed such a law, contingent on the results of a referendum of voters on the Virginia side of the Potomac, a majority voted to go back to Virginia, and thus we have the District borders we have today.

I would argue the constitutionally proper solution would be to emulate this for Maryland. To establish around the capitol building, supreme court and White House a “special extraterritorial Federal District” which would have very few residents (and I’d argue for a general plan to try and relocate them and use any residential zoned areas caught up in the new Federal District reappropriated over time) and the rest of the city would simply become Washington, Maryland. The special Federal District would be considered to be in Washington, DC still, but DC would be a very small area mostly with only government buildings in it. Thus District residents would now have two Senators representing their interests and Maryland would get at least one new congressional seat in the next reapportionment due to the increase in its population and likely a congressional district would be drawn largely encompassing the current city.

An alternative that is also workable would be to just consider the District residents Maryland residents for certain purposes. There is actually precedent for this–in the early days of the 100 sq. mi. district (into the early 19th century) residents voted in Virginia or Maryland elections, respectively. So they effectively were represented in Congress. It was solely a congressional act–the Organic Act of 1801, which clarified that the Federal District was wholly outside of Maryland and Virginia (as opposed to being land inside those States that had just been administratively ceded to the Federal District), since this wasn’t the result of a constitutional amendment but just a simple law, that law could be partially repealed to restore voting rights, with no need to create an unnecessary and undesirable new state.

The only wrinkle would be the D.C. Presidential election voting amendment (23rd) if it was not repealed along with the cession of the district back to Maryland then it’s conceivable the small Vatican-City esque rump administrative area would still be allowed to send 3 electors to the electoral college, which would be undesirable.

OK, let’s hear that argument then. What’s wrong with this?

I think it’s absurd that Congress should be able to block the use of local tax revenues for any political entity.

Except that Puerto Rico doesn’t seem to have any interest in statehood. That’s a key factor. They have also had chances to move forward with attempts at statehood, and those were rejected - or perhaps “inconclusive” is a better term. The people of DC want to be a state.

I know I snipped your post, but I’m still not clear why a state needs to be a certain size. Once more, please?

And how does this square with the original reason why DC was established with no political rights for inhabitants? The Framers didn’t argue that DC was too geographically tiny to have political rights. They argued that whomever controlled the capital, whether a state of a city in its own right, would basically use that power to coerce the rest of the country. It’s a stupid idea in its own right, but now people are coming up with other reasons why DC shouldn’t be a state.

Do Marylanders get a say? Because Annapolis doesn’t want DC. Ever. They don’t even really want neighboring Prince George’s Country. There’s a long list of reasons why, but the top two are that DC would be a financial drain on the state and create a major political power base that upsets the political order. So even though your suggestion makes academic sense, in practical terms it is no more feasible than getting the requisite number of states to call for a constitutional convention to enfranchise DC.

The whole underlying reason why DC has limited political rights makes no sense. What other world capital is designed this why? None. The very idea that American lose some universal political rights to self-determination and political representation if they live in one city is patently absurd. We don’t tolerate for other civil rights - people in DC still have free speech, can now own guns, etc. (Even though the argument of “move if you want political rights!” would be laughed at, even on this board, if it were rephrased to be “move to another state if you want gun rights!”)

I challenge anyone to explain a general political principle with universal application that would stand the laugh test that would explain why people in any particular capital city should have fewer political rights than people in other parts of the country. I don’t think it is possible to establish a general principle for why certain people in a democratic country should be treated so differently in terms of political rights.

I think we should just pass a constitutional amendment allowing DC the same Congressional representation it would have were it a state (like the 23rd did re the Electoral Collage).

This actually made it out of Congress once, but not nearly enough states supported it. I have a feeling the “red states” realize that it effectively hands a Representative and two Senators to the Democrats.

Yeah, I know. The real stumbling block is the Senate seats; creating an extra safe Blue seat in the House isn’t that much of a big deal. Especially since just like with the Electoral College DC probably wouldn’t be allowed a larger delegation that the smallest state, regardless of it’s population.

Washington, D.C., is clearly in Maryland. Rather than making it a separate state, why not fold it back into Maryland? The Virginia portion of D.C. was given back to Virginia in the 19th century, so there’s precedent. I don’t see how having the capital in Washington, Maryland, would be materially different.

Or, if you just can’t bear to have the capital in a specific state, we could move the capital to San Juan, PR, and then give DC back to Maryland. Problem solved—you’re welcome.

See my post above. Maryland doesn’t want DC. DC doesn’t really want to be part of Maryland. Should this merger be done over the will of the people who are actually impacted?

Yes, because they will all get over it. How much of a difference would it really make to their daily lives?

Well, if we are going to start making public policy based on what someone declares to be logical, and we are free to disregard the opinions of Americans in this way, I would suggest that fixing this problem is fairly far down on the list of things that need to be addressed. Perhaps we can start with something more modest, like raising taxes on the middle class to make a dent in the deficit.

They have both of those things. They vote for local government. That’s self-determination. They have political representation- Ms. Holmes-Norton represents them.

The only limit is they have no voting power in the House. The Senate is for states, not people, so the House is the only thing that matters.

But the people of London don’t vote for Parliament. They vote for a party, who represents them. They have the same claim as DC - can’t elect a person to the legislature.

I think DC should have a vote in the House, but the reasons you give are not why.

People of London vote for a party, not a candidate? You sure about that? And is the rest of Merrie Olde England voting under different rules?

The US has several territories that are not states and are highly unlikely to be states in the near future. This is not unique to DC. Furthermore, you’d probably need a constitution amendment to make DC a state. A deeply blue state that most of the red states aren’t going to jump thru hoops to make happen.

Which ones want to be states?

That is a practical issue and a real one. However, it is not a principle, unless you’re saying that we should allow people political rights only if they are going to exercise them in supporting the Republican party.

Well political considerations are part of everything aren’t they? And what do you mean by principle? The whole nation’s founding is a set of compromises that aren’t going to be undone. I don’t think appealing to moral axioms is going to help at this point.

Like, that one person, one vote is a universal principle of human rights.

The Senate was an unelected body for most of its history. Now it is not. That was an undoing of the set of compromises that founded this nation, and it was done on the moral axiom that direct elections are better. So, this is one huge example that you’re incorrect in asserting that things cannot be changed.

Really? Seems to me that there are a couple of functioning democracies right now that have a bit different take on that “universal principle”.

Like what?

Unfortunately, I believe that would be unconstitutional. Which is too bad because I think it’s the best solution. Remove all of the portions where most people live and incorporate it into the existing state of Maryland. Keep the District of Columbia as a small enclave around the national government offices.

Maybe we should offer the city to Virginia. The possibility of losing the city to another state might change Marylanders’ minds.

I’m not 100% sold that DC isn’t part of Maryland anyway. The District existed, and its residents voted in state elections, for years prior to the 1801 Organic Act that disenfranchised them. It’s not necessarily clear that the cession to the district truly meant a 100% cession. My evidence for this is that for YEARS after the cessions the District residents continued to vote in State elections. It’s thus arguable the cession is an irrevocable (at least unilaterally by the States) grant of use, but not an unlimited grant. If it was District residents shouldn’t have been able to continue voting in State elections after the cession–but they were. So I think in theory Maryland would have to approve of its land being appropriated to make a State. Which it probably would, but the easier reality is Congress can just rescind the Organic Act of 1801 and District residents can vote in Maryland again.

I also am not 100% sold Maryland would reject the District being returned to them, in the past they would have but the District is booming and actually if it were part of Maryland would be a “net payer” and not a drain on the state.