District of Columbia Voting Rights - History

History

See also: History of Washington, D.C. and District of Columbia home rule

The "District Clause" in Article I, Section 8, Clause 17 of the U.S. Constitution states:

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 the government of the United States.

In 1790, the land on which the District is formed was ceded by Maryland following the passage of the Residence Act. Virginia also ceded land that helped form the District, but that land was returned to Virginia in 1847. The Congress did not officially move to the new federal capital until 1800. Shortly thereafter, the Congress passed the District of Columbia Organic Act of 1801 and incorporated the new federal District under its sole authority as permitted by the District Clause. Since the District of Columbia was no longer part of any state, the District's residents lost voting representation.

Residents of Washington, D.C. were also originally barred from voting for the President of the United States. This changed after the passage of the Twenty-third Amendment in 1961, which grants the District three votes in the Electoral College. This right has been exercised by D.C. citizens since the presidential election of 1964.

The District of Columbia Home Rule Act of 1973 devolved certain congressional powers over the District to a local government administered by an elected mayor, currently Vincent C. Gray, and the thirteen-member Council of the District of Columbia. However, the Congress retains the right to review and overturn any of the District's laws. Each of the city's eight wards elects a single member of the council, and five members, including the chairman, are elected at large.

In 1980, District voters approved the call of a constitutional convention to draft a proposed state constitution, just as U.S. territories had done prior to their admission as states. The proposed constitution was ratified by District voters in 1982 for a new state to be called "New Columbia". However, the necessary authorization from the Congress has never been granted.

Pursuant to that proposed state constitution, the District still selects members of a shadow congressional delegation, consisting of two shadow Senators and a shadow Representative, to lobby the Congress to grant statehood. These positions are not officially recognized by the Congress. Additionally, until May 2008, the Congress prohibited the District from spending any funds on lobbying for voting representation or statehood.

On December 29, 2003, The Inter-American Commission on Human Rights of the Organization of American States concluded that the United States is violating the District of Columbia's rights under Articles II and XX of the American Declaration of the Rights and Duties of Man by denying District of Columbia citizens an effective opportunity to participate in the Congress. The commission reiterated the following recommendation to the United States: "Provide the Petitioners with an effective remedy, which includes adopting the legislative or other measures necessary to guarantee to the Petitioners the effective right to participate, directly or through freely chosen representatives and in general conditions of equality, in their national legislature".

A 2005 poll paid for by the advocacy group D.C. Vote, but conducted by the non-partisan polling firm KRC Research, found that 82% of 1,007 adults believed that D.C. should have full congressional voting representation. In 2007, a poll of 788 adults by The Washington Post found that 61% of those adults supported granting the District "a full voting" Representative.