Washington, D.C. Admission Act

Washington, D.C. Admission Act

Long title	To provide for the admission of the State of Washington, D.C. into the Union.
Announced in	the 117th United States Congress
Sponsored by	Eleanor Holmes Norton (D-DC)
Number of co-sponsors	215
Legislative history
Introduced in the House of Representatives as H.R. 51 by Eleanor Holmes Norton (D‑DC) on January 4, 2021 Committee consideration by Oversight and Reform Passed the House of Representatives on April 22, 2021 (216–208)

The Washington, D.C. Admission Act, often referred to simply as the D.C. Admission Act, is a bill introduced during the 116th United States Congress. The intention of the bill is to grant Washington, D.C., admission into the Union as a state and hence make it the country's first and only city-state. The bill was originally introduced in the 116th Congress on January 3, 2019, and was reintroduced on January 4, 2021, in the 117th Congress. It passed on April 22, 2021 in the House of Representatives.

Background[]

The Constitution of the United States was drafted to provide for a federal capital district that was not part of any state. The new capital was to be no more than 10 miles square (i.e. 100 square miles) in area, and under the exclusive control of the Congress.^[1] In 1790, the Congress passed the Residence Act, which legislated the foundation of a new, permanent national capital, to be located along the banks of the Potomac River, using land ceded to the federal government by Maryland and Virginia. The District was designed as a square diamond, each side 10 miles long, with 65 percent of the District's territory on the northeast bank of the Potomac River and 35 percent on the southwest bank. The District included the pre-existing county and city of Alexandria, as well as the new County of Washington, which included the new City of Washington and the pre-existing town of Georgetown, Maryland.^[2][3] The District was named "Columbia" after a poetic name for the United States.^[4][5]

In 1801, Congress passed the District of Columbia Organic Act, which formally placed the Government of the District of Columbia under the control of the Congress.^[6] The Act meant that citizens living in the District were no longer residents of Maryland or Virginia and, as a consequence, no longer had representation in the Congress.^[7]

Incorporation of Alexandria County into the District caused serious economic injury to that community, so it was retroceded to Virginia in 1846. (The county was subsequently reorganized into the Independent City of Alexandria and the adjacent County of Arlington.) This reduced the size of the district to its present size of 65 square miles.^[8] The same act that retroceded Alexandria to Virginia also amalgamated the municipalities within Washington County to the City of Washington; which was simultaneously consolidated with the County of Washington and the District itself.

Many of the reforms enacted concerning the District have focused on extending the franchise and popular control of local government. The Twenty-third Amendment to the United States Constitution was ratified in 1961, under which the District of Columbia is treated as a state for purposes of the presidential election, except that it cannot have more electoral votes than the state with the least number of electors.

In 1970, Congress passed the District of Columbia Delegate Act, which allowed for the election of a non-voting delegate representing the District in the House of Representatives.^[9]

Congress then passed the District of Columbia Home Rule Act in 1973, which replaced the appointed mayor and city council with an elected mayor and council.^[10]

In 1978, a constitutional amendment was proposed that would have granted the District full representation and participation in Congress, without granting it statehood. Introduced by Representative Don Edwards of California, the proposed amendment was approved by Congress on August 22, 1978 and dispatched to the states for ratification. The proposed amendment included a time clause that required it be ratified within seven years of proposal. But of 38 required, only 16 states had ratified the amendment by August 22, 1985, so the amendment failed.^[11] The failure of the District of Columbia Voting Rights Amendment saw the beginning of concerted efforts to bring about statehood for the District.

D.C. statehood movement[]

Even before the failure of the Voting Rights Amendment, voters in the District began looking at the statehood option. In 1980, voters approved the creation of a constitutional convention to meet and draw up a proposed constitution for a new state, in the same manner as other territories had prior to their admission as states.^[12] This was ratified by voters in 1982, with the plan for a state named as "New Columbia".^[13] This constitution mandates the selection of a shadow congressional delegation of two senators and a representative to lobby Congress for statehood. In November 1993, a statehood bill made it to the full House of Representatives for debate and a vote for the first time, where it was defeated by 277 votes to 153.^[14] Since then, a statehood bill was introduced every year without reaching a vote.^[15]

In 2016, the Mayor of the District, Muriel Bowser, called for a vote by residents on whether they approved of the proposal of admitting the District as a state. In November of the same year, a referendum was held in which 85.69% of those that voted approved the motion to petition Congress for admission.^[16] Following this, the City Council passed a resolution changing the proposed name from "New Columbia" (which had been on the ballot), to "State of Washington, D.C.", with "D.C." standing for "Douglass Commonwealth", referring to Frederick Douglass, who lived in the District between 1877 and 1895.^[17] In 2017, separate bills were introduced by the District's non-voting Delegate, Eleanor Holmes Norton, and Tom Carper, a senator from Delaware, for statehood, which again failed to reach a vote.

In 2019, following the 2018 election that saw the Democratic Party regain control of the House of Representatives, the Democratic leadership put its support behind the admission of the District as a state,^[18] with Nancy Pelosi, the Speaker of the House of Representatives, one of the 155 co-sponsors of the Bill introduced by Eleanor Holmes Norton in January 2019.^[19] The House passed H.R. 1, a nonbinding resolution of support for statehood, in March 2019.^[20]

On June 26, 2020, D.C. statehood was approved by a chamber of Congress for the first time, when the House voted by 232 to 180 to approve the Washington, D.C. Admission Act, thereby sending it to the Senate.^[21] Again sponsored in the Senate by Tom Carper, with the majority of the Democratic caucus as co-sponsors, the bill was the first time that the issue of D.C. statehood had reached the floor of the Senate.^[22]

Provisions[]

The Washington, D.C. Admission Act would see a number of individual provisions related to the new state's admission:

• The existing area of the District of Columbia would be admitted into the union as the 51st state. The new state would be named "Washington, Douglass Commonwealth".
• A new federal district would be created within the boundaries of the new state. To be called the "Capital", the new district would encompass the White House, United States Capitol, United States Supreme Court Building, the principal federal buildings, and other federal monuments adjacent to the Capitol and the National Mall.^[23]
• The John A. Wilson Building is excluded from the Capital, as it would serve as the state capitol.
• The new state would elect two members of the Senate and, initially, one member of the House of Representatives.
• The House of Representatives would be permanently expanded to 436 members. Following the next census after admission, reapportionment would work out the number of representatives the new state would be entitled to based on its population.
• The District of Columbia Delegate Act would be repealed.
• An expedited process would be put in motion to introduce and ratify a new constitutional amendment repealing the 23rd Amendment, whose phrasing grants "[t]he District constituting the seat of Government of the United States...[a] number of electors of President and Vice President equal to the whole number of Senators and Representatives in Congress to which the District would be entitled if it were a State." If the existing District of Columbia were to become a state, the phrasing of this Amendment, if still in effect, would grant the new Capital territory at least three electors in the Electoral College, despite the fact that it would have a very small population, limited almost exclusively to government officials.
• The residents in the Capital would be permitted to vote in the last state they resided in.
• The current local representatives (Mayor and City Council) would transition to become the new state's Governor and State Legislature.

Opposition[]

Republicans have strongly opposed the legislation. Opponents of DC statehood have stated the bill violates the District Clause and the 23rd Amendment.

It is also noted that Republicans also have partisan concerns over DC statehood, due to the fact that the district leans heavily Democratic, to the point that there has been no Republicans in the Council of the District of Columbia ever elected since 2009. In 2020 presidential election, 92% of votes in Washington, DC went to Joe Biden, the highest percentage across the entire country, which may be a key reason why many Democrats have favored D.C. admission to the Union.

On April 13, 2021, a group of 22 Republican state Attorneys General led by Alan Wilson sent a letter to President Biden to oppose DC statehood. The Republican state Attorneys General have threatened to challenge the Act in the US Supreme Court if the Washington DC Admissions Act were to pass.

Alternatively, Republicans have instead proposed that DC be retroceded into Maryland. On January 25, 2021, Representative Dusty Johnson introduced the District of Columbia-Maryland Reunion Act as H.R. 472, followed by Louie Gohmert as H.R. 2651 on April 19, 2021 and in the Senate, Senator Roger Marshall sponsored S.1361 under the same name on April 22, 2021.^[24][25][26]

Opinion[]

A poll conducted by YouGov in June 2020 following the passing of the bill by the House of Representatives during the 116th Congress found opinion remained divided on the issue, with 40% in favor of D.C.'s admission as a state and 41% opposed. In this poll, 37% of respondents believed that admitting D.C. would favor Democrats over Republicans, while 30% felt it would benefit both parties equally.^[27]

Other polls have shown a more positive reception to statehood. A poll undertaken in September 2020 by Data for Progress, a progressive think tank that itself supports statehood, found that support was at 43%, a seven percent increase on a previous poll by the same group in March 2019.^[28] Another poll conducted by Data for Progress in February 2021 found that now 54% of likely voters supported D.C. Statehood, and just 35% were opposed. Geoffrey Skelly at FiveThirtyEight noted that the question asked if they supported giving statehood "to the more than 714,000 Americans who live in Washington, D.C., so they can elect voting Senators and Representatives, just like Americans in every other state?", and suggested that it may have primed people in the poll to be more likely to give support for the measure. The reverse effect of this was seen when Rasmussen Reports asked the statehood question but stressed the constitutional objections to making the District of Columbia a state within the question, which led to just 29 percent of respondents supporting statehood versus 55 percent opposing it. Skelly noted that this could mean that advocates for D.C. Statehood should focus on the equality argument in favor of it to win public support, while those that oppose it should focus on the legal constraints.^[29][30]

Timeline[]

Voting for the bill in the House of Representatives was along party lines, with Democrats in favor of admitting the District of Columbia as a state and Republicans opposed. In a response to the passing of the bill in the House, a number of Republican members of the Senate labeled the legislation as a "power grab" as, in their view, it would give the Democrats an almost guaranteed two seats in the United States Senate, given that the District has voted overwhelmingly Democratic for decades.^[31] The Trump administration also made clear that, were a bill admitting D.C. as a state to be passed by Congress, President Trump would veto it.^[32]

The election of Joe Biden as President removed the threat of a presidential veto to such a bill, as Biden has declared his support to admitting D.C.^[33] However, Mitch McConnell, the then-Senate Majority Leader, made it clear that while there remains a Republican majority in the Senate, any D.C. admission bill would not be granted a vote on the floor of the Senate. This would require the introduction of a new bill once the new session of Congress began on January 3, 2021.^[33]

On January 4, 2021, Eleanor Holmes Norton, D.C.'s non-voting delegate, reintroduced H.R. 51 into the 117th Congress with a record 202 co-sponsors.^[34][35] On January 6, following the victory of the two Democratic candidates in the Senate elections in Georgia that gave the Democrats the majority, the mayor of Washington, D.C., Muriel Bowser, issued a statement renewing the call for statehood for the District, stating her desire to see a Statehood bill on the desk of President Biden within 100 days of the start of the new Congress.^[36] The same day, the storming and occupation of the United States Capitol by supporters of President Trump led to calls from others for the District's status to be changed; because of its status, the activation of the District of Columbia National Guard to provide assistance to local law enforcement required the consent of the secretary of the Army, while the Governors of Virginia and Maryland were able to activate units of their states' National Guard directly.^[37][38] On January 27, a companion bill, S. 51, was introduced into the Senate by Tom Carper with 38 co-sponsors (7 more signed on later, as of May 13, 2021).^[39] On April 30, 2021, Democratic senator Joe Manchin came out against the bill, effectively dooming its passage.^[40]

Legislative history[]

See also[]

• 2016 Washington, D.C. statehood referendum
• Statehood movement in the District of Columbia
• Puerto Rico Statehood Admission Act

Notes[]

References[]