The Complicated Path to DC Statehood. ANALYSIS(you must be kidding!)

REALCLEAR ^

[DIRTYSECRET]

*Article 1, Section 8, Clause 17 of the Constitution, “The Congress shall have Power …To exercise exclusive Legislation in all Cases over such District*

*A new amendment could be added to the Constitution to make D.C. a state. This would require Congress to propose an amendment and three-fourths of the nation’s state legislatures to ratify it.*

[Dilbert San Diego]

The part of the original District of Columbia, which was ceded by Virginia, was given back to Virginia.

So based on that, you could give parts of the District back to Maryland.

The Constitution indicates that the District of Columbia shall not exceed ten miles square, but does not indicate a minimum size.

Any move to make the District of Columbia a state, or to give back land to Maryland, would be challenged in court.So there’s that.

[Dilbert San Diego]

Is anyone planning to challenge in court, the 1846 action to give back part of DC to Virginia?

People can say it’s unconstitutional, but Arlington and Alexandria are, in fact, part of Virginia. And that legal status is not going to change anytime soon.

Some people have argued that it was unconstitutional for the western part of Virginia to secede from Virginia, and create the state of West Virginia.

[Political Junkie Too]

That would take care of the argument that residents in DC do not have congressional representation.

They get 100% "Congressional representation" since Congress, by the Constitution, has jurisdiction over the entire District.

Now, that's not political representation in the sense that they vote on bills on behalf of the wishes of DC residents, it's administrative representation.

Still, the get a non-voting Delegate who can vote in committees, and they get three Electoral College votes for President. That's not bad for a 10 square mile area.

-PJ

[Political Junkie Too]

cough, cough, Tim Walz and Jacob Frey!!

-PJ

[hanamizu]

Some people have argued that it was unconstitutional for the western part of Virginia to secede from Virginia

---

The counter argument would be that the rump VA legislature, as recognized by the U.S. government, voted in favor of creating the new state. The vast majority of the VA legislature having voted to join the CSA.

[DIRTYSECRET]

**Congress did not have the authority to return 1/3 of it to Virginia in 1846 so that the slave trade could continue in Alexandria**
**Is anyone planning to challenge in court, the 1846 action to give back part of DC to Virginia?**
That’s what I’m talking about. Bring it up-a waste of time? Put them on defense based on principal.

**Some people have argued that it was unconstitutional for the western part of Virginia to secede from Virginia, and create the state of West Virginia.**
Would one big Virginia be red? If so I say go for it.

[whitney69]

“DC statehood: unconstitutional.
“

Written into Article I, Section 8 of the U.S. Constitution, the goal was to keep the federal government independent so no local state police or state government could control or pressure Congress. They have their own government but it’s a little different.

The Government of the District of Columbia functions simultaneously as a city, county, and state. Managed by an elected Mayor and a 13-member Council, it handles local affairs like operating the public school system, managing Medicaid, maintaining public infrastructure, and policing. However, unlike states, Congress retains ultimate authority to overturn local laws. So it just hardly qualifies as a territory. And territories have better parking.

wy69

[unclebankster]

I am sick of this subject as well and would like to introduce something I’ve said on FR many times.

“Repeal the 23rd Amendment.”

Not only won’t you ever be a State with 2 Senators and a House Rep, now you don’t get an automatic 3 votes for a Democrat President in the Electoral College.

[Jim Noble]

Some people have argued that it was unconstitutional for the western part of Virginia to secede from Virginia, and create the state of West Virginia

The creation of WVA was appealed to the USSC and the Court ruled twice (1871 and 1911) that West Virginia was a State.

The Court has never ruled on the 1846 retrocession of part of DC, but I'm sure you are right that if (somehow) a case ever was heard on the matter they would find some sort of adverse possession or other rationale to declare the issue settled.

[Political Junkie Too]

The Constitution indicates that the District of Columbia shall not exceed ten miles square, but does not indicate a minimum size.

Nor does it indicate that the 10 squares miles be contiguous. Just declare each federal building to be within the district, and all the private property returned to Maryland where the voters can get full representation. Leave enough federal roadway to connect the federal buildings into a distinct core unit so that people don't have to leave and reenter the district during the normal course of governing.

The 23rd amendment doesn't have to be repealed, it will simply go dormant. Its three Electoral College members will go unappointed because there are no more voters to appoint them. Since the 12th amendment says: "The person having the greatest Number of votes for President, shall be the President, if such number be a majority of the whole number of Electors appointed, the total of appointed Electors will drop to 535, and the majority number to win becomes 268.

The former DC residents get full representation, Maryland assumes the tax revenue from government-adjacent businesses, the residents get full access to government services, courts, police, and legislators, and it can all be done without a constitutional amendment.

-PJ

[DIRTYSECRET]

Interesting. Upheld twice. Roe was challenged to our liking.

**“Repeal the 23rd Amendment.”**
Gonads. Don’t you need them first? I say have some fun with them in ways that are conceivable, at least in theory. Push their buttons. Repealing an amendment doesn’t scare them.

*A district not to exceed 10 square miles.*
We could have a lotta fun with that one.

[Honorary Serb]

NO DC statehood!

Spin off Puerto Rico as an independent country!

Keep Maryland free of DC votes!

[Terry L Smith]

No matter who the legislator, judge, or Congresscritter, the issue will die on the steps of each statee’s capital, in excruciating sloth’s maddening sweat breaking pace.

[Dahoser]

*A new amendment could be added to the Constitution to make D.C. a state. This would require Congress to propose an amendment and three-fourths of the nation’s state legislatures to ratify it.*

This way understates what Congress does to propose an amendment because the Constitution requires 2/3 of both Houses to propose an amendment not a simple majority as that implies.

[Jim Noble]

Puerto Rico should be independent. 100%.

Don’t know if current status is a treaty between Spain and US.

[Jim Noble]

Actually the 3EV were awarded to Congress by itself and (unwisely) by 3/4 of the States - the use of voting by residents to appoint the Electors is a custom, not a requirement.

[Jim Noble]

“ Now, that’s not political representation in the sense that they vote on bills on behalf of the wishes of DC residents”

Do any of us have that?

[Political Junkie Too]

While technically true, the result of ceding the population back to Maryland is that there are no residents left in the district to be appointed by Congress, as they will all be residents of another state.

And Congress cannot appoint itself as Electors because that is prohibited by Article II's Electoral College requirements clause prohibiting government officials.

-PJ

[wild74]

That has always been the answer, statehood is only considered because it would be automatic dimwit senator and house member.