# District of Columbia law

**URL:** <https://boards.straightdope.com/t/district-of-columbia-law/1009893>\
**Category:** Factual Questions\
**Created:** [November 8, 2024, 12:59am UTC](https://boards.straightdope.com/t/district-of-columbia-law/1009893 "2024-11-08T00:59:04Z")\
**Posts on this page:** 9\
**Page:** 1

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**Author:** ![Lumpy](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/lumpy/32/446_2.png) [@Lumpy](https://boards.straightdope.com/u/Lumpy)\
**Post date:** [November 8, 2024, 12:59am UTC](https://boards.straightdope.com/t/district-of-columbia-law/1009893/1 "2024-11-08T00:59:04Z")

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Is _any_ crime committed within the boundaries of Washington D.C. a federal crime? What about what would ordinarily be non-federal crimes if they were committed in a state? Does the President have full power of pardon over everything in DC?

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**Author:** ![Stranger\_On\_A\_Train](https://avatars.discourse-cdn.com/v4/letter/s/13edae/32.png) [@Stranger\_On\_A\_Train](https://boards.straightdope.com/u/Stranger_On_A_Train)\
**Post date:** [November 8, 2024, 1:42am UTC](https://boards.straightdope.com/t/district-of-columbia-law/1009893/2 "2024-11-08T01:42:12Z")

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Washington, District of Columbia, is both a federal district and a municipal city. The city actually maintains [its own legal code](https://code.dccouncil.gov/us/dc/council/code) governing administration, their own judiciary, estate and fiduciary law, criminal law, business affairs, public institutions, property rights, and other general laws, although I believe most of these were actually drafted by Congress have have not been substantially revised by the municipal government. Law enforcement and civil agents are federal officers, and federal laws apply directly (technically superceeding municipal codes if there were a conflict).

Stranger

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**Author:** ![flurb](https://avatars.discourse-cdn.com/v4/letter/f/51bf81/32.png) [@flurb](https://boards.straightdope.com/u/flurb)\
**Post date:** [November 8, 2024, 1:52am UTC](https://boards.straightdope.com/t/district-of-columbia-law/1009893/3 "2024-11-08T01:52:04Z")

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As @Stranger_On_A_Train says, its complicated and kind of depends on what your angle is. As for the pardon, “[the President’s authority to grant clemency is limited to federal offenses and offenses prosecuted by the United States Attorney for the District of Columbia in the name of the United States in the D.C. Superior Court](https://www.justice.gov/pardon/frequently-asked-questions#:~:text=Thus%2C%20the%20President's%20authority%20to,offense%20against%20the%20United%20States.).” The later applies to most crimes prosecuted in DC.

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**Author:** ![Stranger\_On\_A\_Train](https://avatars.discourse-cdn.com/v4/letter/s/13edae/32.png) [@Stranger\_On\_A\_Train](https://boards.straightdope.com/u/Stranger_On_A_Train)\
**Post date:** [November 8, 2024, 2:16am UTC](https://boards.straightdope.com/t/district-of-columbia-law/1009893/4 "2024-11-08T02:16:54Z")

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It should also be noted that there are multiple uniformed law enforcement agencies operating in D.C.; in addition to the Metropolitan Police Department of the District of Columbia, Metro Transit Police Department, Metro Washington Airports Authority, and the DC Department of Corrections, there is the DC Housing Authority Police, DC Public School Police, DC Public Library Police, DC Protective Services Division, US Secret Service Uniformed Division, US Marshals Uniformed, US Park Police, US Capitol Police, Washington National Cathedral Police, and then all of the law enforcement arms of various agencies and functions like the Mint, Federal Reserve, Veterans Affairs, Bureau of Engraving and Printing, Government Publishing Office, Pentagon, Smithsonian and National Zoo, Supreme Court, various university and college police departments, et cetera. So, depending on where you do a crime you may be facing different parts of municipal and federal criminal codes.

Stranger

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**Author:** ![EnolaStraight](https://avatars.discourse-cdn.com/v4/letter/e/41988e/32.png) [@EnolaStraight](https://boards.straightdope.com/u/EnolaStraight)\
**Post date:** [November 8, 2024, 2:40am UTC](https://boards.straightdope.com/t/district-of-columbia-law/1009893/5 "2024-11-08T02:40:09Z")

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In the 50 states that comprise The United States of America, Law and Governance is broken down into four distinct levels…Federal, State, County, and Municipal

It has been stated here D.C. operates at both the Federal and Municipal levels.  
Does D.C. exhibit any authority normally attributed to State and/or County governments?

For that matter how about Territories like Puerto Rico, Guam, and the U.S. Virgin Islands?

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**Author:** ![Stranger\_On\_A\_Train](https://avatars.discourse-cdn.com/v4/letter/s/13edae/32.png) [@Stranger\_On\_A\_Train](https://boards.straightdope.com/u/Stranger_On_A_Train)\
**Post date:** [November 8, 2024, 4:46am UTC](https://boards.straightdope.com/t/district-of-columbia-law/1009893/6 "2024-11-08T04:46:59Z")

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> [@EnolaStraight](#):
>
> It has been stated here D.C. operates at both the Federal and Municipal levels.  
> Does D.C. exhibit any authority normally attributed to State and/or County governments?

DC is neither a state, nor is it incorporated into a county, so…no.

> [@EnolaStraight](#):
>
> For that matter how about Territories like Puerto Rico, Guam, and the U.S. Virgin Islands?

Although Puerto Rico is not a state, it is a self-governing commonwealth that has its own set of historical laws (_Leyes de Puerto Rico_) based on Spanish Colonial law, as well a municipal codes within towns and cities. It has its own Supreme Court of Puerto Rico as well as its own Federal District Court. It has a non-voting US Representative (Delegate) but no US Senators and doesn’t contribute to the Electoral College vote for President.

Guam and the US Virgin Islands, and other organized territories have some measure of autonomous self-governance and create their own local legal codes but virtually all of their operating budgets and resources come for the federal government so for all intents and purposes are primarily subject to US federal law but have no participatory contribution to the legislature or vote for president. Unorganized territories are generally directly under federal law although their may be municipal codes that cover local issues.

I’m sure some political scientist can offer more nuance on this but that is the basics of laws in US territories.

Stranger

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**Author:** ![Saint\_Cad](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/saint_cad/32/18907_2.png) [@Saint\_Cad](https://boards.straightdope.com/u/Saint_Cad)\
**Post date:** [November 8, 2024, 8:20pm UTC](https://boards.straightdope.com/t/district-of-columbia-law/1009893/7 "2024-11-08T20:20:21Z")

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> [@Stranger\_On\_A\_Train](#):
>
> DC is neither a state, nor is it incorporated into a county, so…no.

Does it control how its House Delegate is elected or how its electoral votes are distributed or does Congress do that? Because if DC controls that law I would argue it is acting as a state.

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**Author:** ![flurb](https://avatars.discourse-cdn.com/v4/letter/f/51bf81/32.png) [@flurb](https://boards.straightdope.com/u/flurb)\
**Post date:** [November 8, 2024, 8:44pm UTC](https://boards.straightdope.com/t/district-of-columbia-law/1009893/8 "2024-11-08T20:44:41Z")

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The 23rd Amendment provides, “The District constituting the seat of Government of the United States shall appoint [Presidential electors] _in such manner as the Congress may direct_.” Likewise, the existence and terms of how DC may have a delegate in the House is a matter of federal law passed by Congress. DC only has as much authority over either matter as Congress will allow them.

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**Author:** ![PastTense](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/pasttense/32/14550_2.png) [@PastTense](https://boards.straightdope.com/u/PastTense)\
**Post date:** [November 8, 2024, 8:58pm UTC](https://boards.straightdope.com/t/district-of-columbia-law/1009893/9 "2024-11-08T20:58:51Z")

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See:

> **[District of Columbia home rule](https://en.wikipedia.org/wiki/District_of_Columbia_home_rule)**
>
> District of Columbia home rule is the District of Columbia residents' ability to govern their local affairs. As the federal capital, the Constitution grants the United States Congress exclusive jurisdiction over the District in "all cases whatsoever".
> Before 1874 and since 1973, Congress has allowed certain powers of government to be carried out by locally elected officials. However, Congress maintains the power to overturn local laws and exercises greater oversight of the district than exi...

and

> **[District of Columbia Home Rule Act](https://en.wikipedia.org/wiki/District_of_Columbia_Home_Rule_Act)**
>
> The District of Columbia Home Rule Act is a United States federal law passed on December 24, 1973, which devolved certain congressional powers of the District of Columbia to local government, furthering District of Columbia home rule. In particular, it includes the District Charter (also called the Home Rule Charter), which provides for an elected mayor and the Council of the District of Columbia. The council is composed of a chair elected at large and twelve members, four of whom are elected ...
