Funny how no one worried about DC being a corporation before now, even though it is said to have happened in 1871. It’s been around on the internet for years, even before 2016.
I don’t claim to be a constitutional scholar, and I don’t think anyone here is either, but based on Article 1, Section 8, Clause 17 of the Constitution which reads:
“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 Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings;”
it would seem to me that ‘exercise exclusive legislation in all cases whatever’ would mean that what was done regarding the setup in 1871 of the District of Columbia could be done by Congress legally and does not change the nature of the US government or DC.
That theory has been around for a long time, but I guess its new to some.
D.C. was first established by Congress via the Residence Act on July 16, 1790. Then, the District of Columbia Organic Act of 1801, by Article 1, Section 8 of the United States Constitution, formally placed D.C. under control of the Congress and organized the unincorporated territories Washington County and Alexandria County within it. Then, the Organic Act of 1871, the one in question, created a territorial government for D.C.
Up to that point, D.C. had been governed as a mixture of municipalities and counties within District boundaries and not by its Government as a state. Later, in 1874, Congress repealed the territorial government to create a single municipal government for the federal district.
Today “the name of the Seat of Government of the United States is The District of Columbia,” but that D.C. and the U.S. are not the same just as the Seat of Government of Washington State is Olympia, but Washington State is not Olympia.