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Make DC Square Again. Retrocession Was Never Constitutional
The American Capital Project ^ | Unknown | Unknown

Posted on 04/22/2026 3:17:30 PM PDT by Jacquerie

In 1846, a third of the District of Columbia was stolen by Virginia to appease slaveholders. It is time to right that wrong and return to the borders laid down by George Washington himself.

The One-Way Ratchet

The Constitution gave Congress a one-way ratchet: the power to create a permanent seat of government by accepting cessions from states. Once that ratchet clicked forward in 1790, it was locked. The Constitution provides no mechanism to pull it back.

Article I, Section 8 grants Congress the power to "exercise exclusive Legislation" over a district "not exceeding ten Miles square" that becomes "the Seat of the Government of the United States."

Notice what the Constitution authorizes: Congress may accept cessions from states to form a District. It does not authorize Congress to return, retrocede, or give away territory once accepted. The grant of power is directional.

Constitutional scholar Hannis Taylor, in his 1910 opinion to the U.S. Senate, argued:

"After the power to select the seat of government had been once exercised by Congress... the power of Congress over the subject-matter was exhausted."

The Founding Fathers Chose Permanence

The Act of July 16, 1790 declared the District "the permanent seat of government of the United States." During debate, constitutional scholar Hannis Taylor reported:

"When Mr. Madison moved, in the House of Representatives, to strike out the word 'permanent' from this act, he was voted down." - Hannis Taylor (1910)

The First Congress, packed with Framers who had just written the Constitution, deliberately chose permanence. This was the inducement that convinced Virginia and Maryland to cede territory at all.

Legislative Intent Was Clear

The 1790 Congress's explicit choice of "permanent" is binding legislative history. Contemporary interpretation, practiced and acquiesced in for years, conclusively fixes constitutional construction.

The Supreme Court Chose Permanence

In 1830, the Supreme Court decided Van Ness v. City of Washington, addressing the permanence of the District's founding. Justice Joseph Story wrote:


TOPICS: History
KEYWORDS: arlingtoncounty; cityofalexandria; dc; dcstatehood; retrocession

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Much more at the link on this fascinating topic.
1 posted on 04/22/2026 3:17:30 PM PDT by Jacquerie
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To: Jacquerie

“Notice what the Constitution authorizes: Congress may accept cessions from states to form a District. It does not authorize Congress to return, retrocede, or give away territory once accepted”

Read ARTICLE IV., SECTION 3

“dispose of...the territory...”


2 posted on 04/22/2026 3:23:13 PM PDT by Brian Griffin (Ask your Congressman to tax tariff refunds at 100% & rebate ~$600 to each insured vehicle owner)
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To: Jacquerie

I hope Trump does it. He has nothing to lose


3 posted on 04/22/2026 3:26:53 PM PDT by bigbob (We are all Charlie Kirk now)
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To: Jacquerie

Give Arlington back. The commies there deserve to be part of the mess that is DC and off the Va voter rolls.


4 posted on 04/22/2026 3:29:20 PM PDT by mikey_hates_everything
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To: bigbob

And now is the time - when S out

And now is the time- with SCOTUS loaded with textualists.


5 posted on 04/22/2026 3:33:43 PM PDT by bigbob (We are all Charlie Kirk now)
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To: Jacquerie

How quaint.

Some folks still believe the laws are based on the written Constitution, rather than the interpreted judgement of the Supreme Court.

Nowadays, the Constitution says what the USSCOTUS says it says. 😵‍💫


6 posted on 04/22/2026 3:36:13 PM PDT by Bratch
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To: Brian Griffin

Looking at the history, I believe your view is correct.


7 posted on 04/22/2026 3:47:06 PM PDT by marktwain (----------------------)
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To: Jacquerie

No. Aside from the central district where the capital is located, the rest of DC should be returned to Maryland. We need to make sure DC is never made a state with 2 senators.

They complain about not having representation in congress; solve it by making them part of Maryland. Not a state of their own, as Democrats promise to do once they regain power.


8 posted on 04/22/2026 3:54:40 PM PDT by marron
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To: marron

How about using eminent domain to take land from people who live there for ‘government purposes’ & then tear down the housing. Make people move to a nearby state. That preserves the District & prevents the Dems from making it a state, as no one LIVES there.


9 posted on 04/22/2026 4:18:01 PM PDT by Twotone (Sometimes I wrestle with my demons. Sometimes we just snuggle.)
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To: Brian Griffin

Well played.


10 posted on 04/22/2026 4:27:06 PM PDT by Mr. Lucky
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To: Jacquerie

the argument here is very weak

the idea that one congress can bind future congresses from ever revoking an action of theirs is nonsense.

If a democrat congress passed a law saying “annual contributions from the US government to planned parenthood shall be ‘permanent’ “
would you say, “well we have no choice but to submit to that law”
Of course not


11 posted on 04/22/2026 4:27:57 PM PDT by ChronicMA
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To: Jacquerie

I say we give DC Loudon, Fairfax and Arlington counties from Virginia. Its the right thing to do.


12 posted on 04/22/2026 5:00:46 PM PDT by FLT-bird
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To: marron

We don’t want DC.

We have enough misery as it is.


13 posted on 04/22/2026 5:12:01 PM PDT by Salamander ( Please visit my profile page to help me go home again. https://www.givesendgo.com/GCRRDa)
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To: Jacquerie

reminds me of the musical 1776 when john adams throws down his notes and yells ‘oh for the love of....we have to offend SOMEBODY!’

Including those genocided, every group had been railroaded...hard. In the name of Jesus Christ, MOVE ON!

Unless you are siding with satan, in which case, of course, you will continue.....like here....


14 posted on 04/22/2026 5:14:43 PM PDT by If You Want It Fixed - Fix It
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To: Jacquerie

That would be Hilarious!


15 posted on 04/22/2026 5:20:15 PM PDT by Boiler Plate ("Why be difficult, when with just a little more work, you can be impossible" Mom)
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To: FLT-bird

“...give DC Loudon, Fairfax and Arlington counties from Virginia. Its the right thing to do.”

and to sweeten the deal, include Alexandria.


16 posted on 04/22/2026 5:21:02 PM PDT by Huaynero ( )
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To: FLT-bird

“...give DC Loudon, Fairfax and Arlington counties from Virginia. Its the right thing to do.”

and to sweeten the deal, include Alexandria.


17 posted on 04/22/2026 5:21:35 PM PDT by Huaynero ( )
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To: Jacquerie

This doesn’t even rank in the top one thousand of my political concerns.


18 posted on 04/22/2026 6:27:31 PM PDT by circlecity
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To: ChronicMA

Laws passed by Congress are not at the same level as the US Constitution.

Even the Supreme Court can overrule a Congressional law if they deem it unconstitutional.


19 posted on 04/22/2026 8:47:52 PM PDT by Alas Babylon! (Conservatives can't afford to sit out. Vote like your freedom depends on it, it does!)
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To: bigbob

Puting Arlington back in DC would not make the city any less blue but it would upset the racial balance. Washington has been getting more and more diverse and with it less and les Chocolate City. Immigration and gentrification and black flight have already diluted black political control. Arlington is 58% white and only 9% black, there are more Asians in the county than blacks and more Hispanics than Asians. Alexandria is 50% white and 19% black with again large Asian and Hispanics cohorts. Meanwhile DC is about evenly split between black and white each having roughly 40% but the white population has been growing while the black population has been in decline. It is no longer the Chocolate City I lived and worked in when I was a young man.


20 posted on 04/22/2026 9:49:48 PM PDT by your other brother
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