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Reform #35: DC Statehood

Washington, Douglass Commonwealth — The Washington DC Admission Act

The Problem: 700,000 American citizens living in the District of Columbia pay full federal income taxes, serve in the United States military, and are subject to every federal law passed by Congress — but have no voting representation in the Senate, no voting representation in the House of Representatives, and their local laws are subject to congressional override by legislators they cannot vote out of office. This is not a procedural technicality. It is the systematic disenfranchisement of a city the size of a state, maintained deliberately, with racially disparate impact, for partisan advantage.

The Solution: Admit the residential and commercial portions of the District of Columbia as the 51st state — the State of Washington, Douglass Commonwealth — while retaining a small federal enclave around the National Mall, the Capitol, and the White House as constitutionally required. The enabling legislation is HR 51 (the Washington DC Admission Act), passed by the House in 2021 and blocked in the Senate.


The Scale of the Disenfranchisement

The argument against DC statehood often treats the District as a small anomaly — a city, not a state-sized population. The numbers tell a different story.

Jurisdiction Population Senators House Members
Wyoming ~580,000 2 1
Vermont ~650,000 2 1
Alaska ~735,000 2 1
Washington, DC ~700,000 0 0 (voting)
North Dakota ~780,000 2 1

Washington, DC has more residents than Wyoming or Vermont. Both of those states have two senators and a voting representative. DC has none. Every American pays taxes and receives representation — except DC residents. The District's non-voting delegate in the House, Eleanor Holmes Norton, may speak in committee but cannot vote on the floor on legislation that will govern her constituents. This is not representation. It is theater.

Federal tax contribution: DC residents pay approximately $26 billion in federal income taxes annually — more per capita than 22 states. They fund the government with no voice in how it is run.

Military service: DC residents serve in the U.S. military and have died in every American conflict since the Civil War. The Vietnam Veterans Memorial on the National Mall lists the names of DC residents who gave their lives for a country that would not give them a vote.


"Taxation Without Representation"

The phrase on DC license plates is not rhetorical flourish. It is a precise constitutional description. The District of Columbia was founded on the explicit promise that American citizens would not be governed without their consent. That promise has been broken for DC residents for the entire history of the District.

DC residents:

  • Pay full federal income taxes (no exception, no reduction)
  • Pay full federal payroll taxes (Social Security, Medicare)
  • Pay full federal estate taxes
  • Are subject to all federal laws passed by a Congress they cannot vote for
  • Have their local laws subject to congressional review and override under Article I, Section 8
  • Cannot vote for president (until the 23rd Amendment in 1961 — 171 years after the District was established)

The 23rd Amendment gave DC three electoral votes for presidential elections. It did not give DC voting senators or representatives. The partial fix of 1961 made the remaining disenfranchisement more visible, not less urgent.


Historical Context: Why DC Was Made a District

The District of Columbia was created by the Residence Act of 1790 for a specific, time-limited purpose: to establish a neutral federal capital not subject to the jurisdiction of any single state, preventing any state from holding undue leverage over the federal government by hosting its seat of power. The concern was practical and transient — that Philadelphia or New York might use their status as the capital city to exert influence over the new federal government.

The framers established the District under Article I, Section 8, Clause 17, which gives Congress exclusive jurisdiction over the seat of government. This was a structural solution to a structural problem — not a permanent declaration that residents of the capital city should be permanently disenfranchised.

There is nothing in the Constitution, in the Federalist Papers, or in the founding debates that suggests the framers intended to permanently deny political representation to the people who would come to live in the District. The assumption of the founding era was that the capital district would be small, primarily a government administrative center, and that most residents would maintain connections to their home states. The modern reality — a city of 700,000 permanent residents with no state ties — is categorically different from anything the framers contemplated.

The disenfranchisement of DC residents is not a constitutional necessity. It is a political choice that Congress has made and can unmake.


The Legislative Solution: HR 51

The Washington DC Admission Act (HR 51) passed the House of Representatives in April 2021 with 216 votes. It was blocked in the Senate by the filibuster, which requires 60 votes to proceed rather than a simple majority.

What HR 51 Does

Creates the State of Washington, Douglass Commonwealth:

  • The new state is named to honor both George Washington and Frederick Douglass, the abolitionist and DC resident who fought for Black Americans' full citizenship
  • The state encompasses all current District territory except the retained federal enclave
  • The state is immediately entitled to two U.S. senators and at least one voting representative in the House (with additional representatives allocated in the next apportionment)

Retains a small federal enclave:

  • The constitutionally required "Seat of Government" under Article I, Section 8 is reduced to an approximately 2-square-mile area
  • The enclave includes: the National Mall, the Capitol complex, the White House, the Supreme Court, and immediate federal buildings
  • No residents live in the retained enclave — the constitutional requirement is for a seat of federal government, not an inhabited district
  • The remaining 99% of current DC territory becomes the new state

23rd Amendment implications:

  • The 23rd Amendment currently grants DC three electoral votes — specifically allocated to the "District constituting the seat of government"
  • Upon statehood, the retained enclave technically remains the "District" for 23rd Amendment purposes but would have no residents
  • HR 51 includes a provision urging expedited ratification of a constitutional amendment repealing the 23rd Amendment, rendering it moot — and providing the new state's electoral votes through normal apportionment

Immediate statehood provisions:

  • State constitution drafted by DC residents (already completed in 2016 through a DC constitutional convention)
  • Congressional admission by simple statute under Article IV, Section 3 — no constitutional amendment required
  • Immediate organization of state government using existing DC government structure as the transition mechanism

Constitutional Authority

Article IV, Section 3: "New States may be admitted by the Congress into this Union." Congress has plenary authority to admit new states. It has done so 37 times since the original 13. No constitutional amendment is required to admit DC as a state.

The retrocession option — and why it fails: An alternative sometimes proposed is retrocession — returning DC residential areas to Maryland, as was done with Alexandria in 1846 when that area was returned to Virginia. Retrocession would give DC residents congressional representation through Maryland's delegation. Maryland has not consented to retrocession and there is no serious effort to obtain that consent. More fundamentally, DC residents have repeatedly expressed through their own votes and through their state constitution process that they want statehood — not absorption into an adjacent state whose political interests and priorities differ from their own. Retrocession is a solution designed by people who do not live in DC to avoid giving DC residents what they are actually asking for.

Precedent: Congress admitted West Virginia in 1863 — carved directly out of Virginia during the Civil War, over Virginia's active objection. If Congress can admit a state literally carved out of another state without that state's consent, it can certainly admit DC as a new state from federal territory.


The Racial Justice Dimension

Washington, DC is a majority-minority city. According to U.S. Census data, DC's population is approximately 46% Black, 11% Hispanic or Latino, and 4% Asian — with white residents comprising approximately 37% of the population. The city's majority-minority character is not incidental to the politics of DC statehood — it is central to them.

The disenfranchisement of DC residents is the disenfranchisement of a majority-minority population. The 700,000 residents denied voting representation in Congress include the highest concentration of Black residents of any major American city. The Senate that refuses to admit DC as a state is disproportionately white and elected by a body politic in which Black and Latino voters are systematically underrepresented.

DC statehood has been blocked in the Senate repeatedly since 1978, when the DC Voting Rights Amendment — which would have given DC full congressional representation through a constitutional amendment — passed Congress but failed to be ratified by enough states. The amendment was ratified by only 16 of the required 38 states, and many state legislatures that rejected it expressed explicit concerns about the political and demographic composition of DC's electorate.

This is not a question of constitutional interpretation. It is a question of political power — and who is denied it.


Electoral and Political Implications

Electoral votes: DC currently has 3 electoral votes under the 23rd Amendment. As a state, Washington, Douglass Commonwealth would receive electoral votes based on its Senate seats (2) plus House seats (1, or potentially 2 depending on apportionment). This represents 3-4 electoral votes allocated through the standard constitutional process rather than through the 23rd Amendment's anomalous fixed allocation.

Senate composition: DC statehood adds 2 Democratic senators to the Senate. DC has voted Democratic in every presidential election since 1964. Its residents elect overwhelmingly Democratic local officials. Opposition to DC statehood from Republican senators is transparently partisan — they oppose giving DC residents representation because those residents, once represented, would elect Democrats.

This argument — "we oppose your statehood because we don't like how you'd vote" — is the most honest statement of the Republican position and also the most constitutionally indefensible one. Disenfranchisement cannot be justified by the anticipated partisan preferences of the people being disenfranchised.


Opposition Arguments — and the Answers

"The Constitution requires the seat of government to be a separate district — you can't make it a state."

False. Article I, Section 8 requires Congress to maintain exclusive jurisdiction over the "Seat of Government." HR 51 preserves that — the approximately 2-square-mile federal enclave remains under congressional jurisdiction. Statehood does not eliminate the seat of government; it reduces it to the area that actually serves as a governmental seat, without residents. The 99% of DC that is a residential and commercial city is not constitutionally required to be a separate district.

"DC residents should just retrocede to Maryland."

DC residents do not want retrocession. In every vote, every poll, and their own constitutional convention, DC residents have expressed a clear preference for statehood over absorption into Maryland. More fundamentally: the question of what DC residents want about their own representation should be answered by DC residents — not by politicians from other states deciding which form of representation DC will be permitted to have.

"It's not the right size to be a state."

Wyoming has fewer people and two senators. Vermont has fewer people and two senators. Rhode Island, the smallest state by area, has two senators. The United States has no minimum population or area requirement for statehood. This argument has never been applied consistently to any other admission — it surfaces exclusively in the DC context.

"This is just Democrats trying to grab Senate seats."

Republicans in the Senate are blocking statehood for 700,000 American citizens — who pay taxes, serve in the military, and live under laws they cannot vote for — because those citizens would elect Democrats. That is the argument in plain language. It is the most explicit statement of partisan disenfranchisement in modern American politics. The correct response to "we're denying you representation because we don't like how you'd vote" is not negotiation. It is recognition of what the argument is.

"A constitutional amendment is required."

No court has ever held that DC statehood requires a constitutional amendment. The text of Article IV, Section 3 grants Congress the power to admit new states without qualification. The 1993 DOJ Office of Legal Counsel opinion concluded that DC statehood is constitutionally achievable by statute. The 2021 House passage of HR 51 reflects a congressional determination — backed by substantial legal scholarship — that no amendment is required.


The Federal Enclave: What Stays Federal

The retained federal enclave under HR 51 includes:

  • The United States Capitol and Capitol Grounds
  • The White House and Executive Office of the President campus
  • The Supreme Court building
  • The National Mall (from the Lincoln Memorial to the Capitol)
  • The Washington Monument, Jefferson Memorial, and adjacent federal grounds
  • The primary federal office buildings immediately adjacent to the Mall
  • The Library of Congress
  • The U.S. Botanic Garden

What does NOT stay in the enclave: The residential neighborhoods of Capitol Hill, Dupont Circle, Georgetown, Columbia Heights, Anacostia, Ward 8, and all other residential and commercial areas of the current District. These become part of the State of Washington, Douglass Commonwealth.

The retained enclave is approximately 2 square miles. No one lives there. The constitutional requirement for a federal district is satisfied by the seat of government buildings — not by permanently disenfranchising 700,000 residents.


By The Numbers

Metric Current State Under DC Statehood
DC residents with Senate representation 0 2 senators
DC residents with voting House representation 0 1+ representative
Federal tax paid by DC residents annually ~$26 billion ~$26 billion
DC population vs. Wyoming Larger Still larger
Times DC statehood has passed the full Congress 0 Goal: 1st time
Times House has passed DC statehood 2 (2020, 2021) Will pass again
State constitutions drafted and ready 1 (2016 DC convention) Immediately operable
Black residents as share of DC population ~46% ~46%

Talking Points

For constituents:

"Seven hundred thousand Americans pay every federal tax, serve in the military, and live under every law that Congress passes — and they have no senator, no voting representative, and no power to vote out the legislators who govern them. Wyoming has 580,000 people and two senators. This is not a question of size. It is a question of whether American citizens get American representation."

On the constitutional argument:

"Article IV says Congress can admit new states. Congress has done it 37 times. No amendment is required. The House of Representatives passed HR 51 with the votes to do it. The only thing blocking DC statehood is a Senate minority using the filibuster to deny representation to 700,000 taxpaying Americans — because those Americans would elect Democrats. That is the whole argument."

On the racial justice dimension:

"Washington, DC is 46% Black. The Senate that denies DC statehood is overwhelmingly white. The opposition to DC statehood has, since 1978, been driven by legislators who do not want a majority-minority city to have two senators. The least they could do is be honest about what they are doing."

For skeptics who raise the enclave requirement:

"HR 51 keeps the federal enclave — the Capitol, the White House, the Supreme Court, the Mall. It's about two square miles. Nobody lives there. The Constitution requires a seat of government. It does not require the disenfranchisement of 700,000 people who live in residential neighborhoods miles from the Capitol."

On the 'too small' argument:

"Wyoming. Vermont. Rhode Island. Alaska. These states are admitted and represented. DC is larger than two of them by population. The size argument has never been applied to any other state admission. It surfaces only here — only for this majority-minority city whose residents would vote Democratic."


Home Rule and Congressional Override: The Current Control Problem

Even before statehood, Congress exercises extraordinary control over DC governance that it exercises over no state. Under Article I, Section 8, Congress has the power to "exercise exclusive Legislation" over the District. In practice this means:

  • All DC legislation is subject to a 30-day congressional review period during which Congress can pass a joint resolution of disapproval to block any DC law. This applies to local laws — criminal sentencing, zoning regulations, traffic enforcement, liquor licensing — that would be entirely within state authority elsewhere.
  • DC's budget requires congressional approval as part of the federal appropriations process. DC cannot spend its own locally raised tax revenue without congressional sign-off.
  • Congress has overridden DC law multiple times on issues including marijuana legalization (Congress blocked DC from creating a commercial cannabis market, even after voters approved it in a referendum), gun regulations (Congress blocked DC's strict handgun laws until Heller), and needle exchange programs (Congress prohibited DC from using local funds for needle exchanges for years).

The result: 700,000 residents of a city with their own locally elected mayor and city council are governed by a legislative body they cannot vote for, which retains the power to veto any local decision. This is not a limited or technical form of federal oversight. It is colonial governance — the subjugation of a local democratic government to the will of an external legislative body that is not accountable to the governed population.

Statehood ends congressional override of DC law. A state's laws are not subject to congressional review and disapproval. A state's locally raised revenue is not subject to congressional appropriation. DC residents have been demanding this basic autonomy for decades.


The DC Statehood Timeline: A History of Delay

The current status is not the product of democratic consensus. It is the product of repeated congressional refusal to act on a clear democratic demand.

Year Event
1964 23rd Amendment ratified — DC residents can vote for president for first time
1970 DC Home Rule Act gives DC a non-voting delegate in the House
1973 DC Home Rule Act grants DC elected mayor and city council (but subject to congressional override)
1978 DC Voting Rights Constitutional Amendment passes Congress — would give DC full House and Senate representation without statehood; ratification effort collapses by 1985 with only 16 of required 38 states
1993 DC statehood bill fails in House 153-277 — first full floor vote
2016 DC voters approve statehood referendum 86%-14%; DC constitutional convention drafts state constitution
2020 DC statehood passes House 232-180 — first time it passes the House
2021 HR 51 passes House 216-208 — Senate does not take it up
2022 Statehood bill not brought to Senate floor despite Democratic majority
2023-24 Republican House majority blocks all statehood legislation

The pattern is unambiguous: Every time DC statehood has reached a floor vote in the House in the modern era, it has passed. It has never received a floor vote in the Senate. Senate leadership — particularly under Republican majorities — has used procedural tools (filibuster, committee blocking, scheduling control) to prevent the Senate from ever having to vote on the merits of DC statehood. This is not democratic deliberation. It is minority veto of a majority position.


What DC Statehood Would Mean in Practice

Beyond the constitutional question of representation, DC statehood produces concrete changes in how the federal-DC relationship operates.

Area Current Status Under Statehood
Local legislation Subject to 30-day congressional review and disapproval State law — no congressional override
Local budget Requires congressional appropriation State controls its own revenues
Criminal law Congress has repeatedly intervened in DC sentencing State jurisdiction — no congressional interference
Cannabis policy Congress blocked commercial market despite voter approval State decides
National Guard DC National Guard commanded by the President, not DC Mayor Governor (Mayor) commands state National Guard
Emergency response Federal government controls DC emergency response Governor-directed state response
Federal program participation Some programs limited for DC Full state participation in all federal programs

The National Guard issue is particularly significant. When the Trump administration deployed the National Guard to clear Lafayette Square on June 1, 2020, and later stationed National Guard units in DC during the January 6 Capitol attack response, the DC mayor had no authority over those deployments. In a state, the governor commands the National Guard and can refuse to deploy it or restrict its use. DC's mayor has no such authority — the DC National Guard answers to the President, not to DC's local government. Statehood changes that.


What the State of Washington, Douglass Commonwealth Would Look Like

The state's name honors both George Washington — the nation's first president and the figure after whom the District was originally named — and Frederick Douglass — the abolitionist, orator, and DC resident who dedicated his life to the full citizenship rights of Black Americans and who understood better than anyone the betrayal embedded in a democracy that preaches equality while practicing exclusion.

The new state would immediately have:

  • A state constitution — already drafted by a DC constitutional convention in 2016, awaiting the statehood that would give it force
  • A state legislature — DC's existing city council, transitioned to a bicameral state legislature with a state senate and state house of representatives established within four years of admission
  • A governor — DC's existing mayor serving as the transitional chief executive
  • A state judicial system — DC's existing court system, reorganized as the state judiciary
  • State agencies — DC's existing government agencies, reorganized and expanded to assume full state responsibilities

The transition would be the smoothest of any new state admission in American history: DC already functions as a government. It has agencies, courts, executive infrastructure, and a revenue system. It needs only statehood to convert that apparatus from a colonial administrative government subject to congressional override to a democratically accountable state government with full authority over its own affairs.


Key Legislation

Washington DC Admission Act (HR 51) — passed House in April 2021; pending Senate action

  • Purpose: Admit the State of Washington, Douglass Commonwealth as the 51st state; retain approximately 2-square-mile federal enclave
  • Constitutional Authority: Article IV, Section 3 (admission of new states)
  • Companion: Resolution urging ratification of 23rd Amendment repeal upon statehood
  • Supplementary: Filibuster reform — HR 51 cannot advance in the Senate under current 60-vote cloture rules without either Republican support or filibuster reform; DC statehood is a direct argument for the talking filibuster restoration

See also: Reform #36: Puerto Rico Statehood · Reform #10: Automatic Voter Registration · Reform #12: Ranked Choice Voting · Chapter 30: Fundamental Transformation


Project 2029 · All Reform One-Pagers · Chapter 28: Legal Accountability