District of Columbia home rule
Encyclopedia
Washington, D.C.
Washington, D.C., formally the District of Columbia and commonly referred to as Washington, "the District", or simply D.C., is the capital of the United States. On July 16, 1790, the United States Congress approved the creation of a permanent national capital as permitted by the U.S. Constitution....
are able to govern their local affairs. All these means are subordinate to the United States Congress
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
, which the Constitution
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
grants exclusive jurisdiction
Jurisdiction
Jurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility...
over the district in "all cases whatsoever".
At certain times, and presently since 1973, Congress has provided for certain aspects of governance to be carried out by locally elected officials. However, congressional oversight of this local government still exists at a much higher level than would be allowed for any part of a state
U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...
. Furthermore, the District's local government exists at the pleasure of Congress, and could theoretically be revoked at any time.
A separate yet related controversy is the lack of voting representation
District of Columbia voting rights
Voting rights of citizens in the District of Columbia differ from those of United States citizens in each of the fifty states. District of Columbia residents do not have voting representation in the United States Senate, but D.C. is entitled to three electoral votes for President. In the U.S...
for D.C. residents in Congress. The city's unique status creates a situation where citizens in the District do not have full control over their local government, nor do they have voting representation in the body that makes such decisions.
Constitutional provisions
James MadisonJames Madison
James Madison, Jr. was an American statesman and political theorist. He was the fourth President of the United States and is hailed as the “Father of the Constitution” for being the primary author of the United States Constitution and at first an opponent of, and then a key author of the United...
explained the need for a federal district on January 23, 1788 in the Federalist No. 43
Federalist No. 43
Federalist No. 43 is an essay by James Madison, the forty-third of the Federalist Papers. It was published on January 23, 1788 under the pseudonym Publius, the name under which all the Federalist Papers were published. This paper continues a theme begun by Madison in Federalist No. 42...
, arguing that the national capital needed to be distinct from the states, in order to provide for its own maintenance and safety. An attack on the Congress at Philadelphia by a mob of angry soldiers, known as the Pennsylvania Mutiny of 1783
Pennsylvania Mutiny of 1783
The Pennsylvania Mutiny of 1783 was an anti-government protest by nearly 400 soldiers of the Continental Army in June 1783...
, had emphasized the need for the government to see to its own security. Therefore, the authority to establish a federal capital was provided in Article I, Section 8 of the United States Constitution, which states that Congress shall have the power:
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
The phrase "exclusive legislation in all Cases whatsoever" has been interpreted to mean that Congress has complete authority over the District, thereby limiting local self government by the city's residents. However, the Founding Fathers
Founding Fathers of the United States
The Founding Fathers of the United States of America were political leaders and statesmen who participated in the American Revolution by signing the United States Declaration of Independence, taking part in the American Revolutionary War, establishing the United States Constitution, or by some...
envisioned that Congress would delegate some of its power. For example, Madison also stated in the Federalist No. 43 that "a municipal legislature for local purposes, derived from their own suffrages, will of course be allowed them."
History of self-government
Under the U.S. Constitution, the District remains under the jurisdiction of Congress. However, at various times in the city's history, Congress has chosen to devolveDevolution
Devolution is the statutory granting of powers from the central government of a sovereign state to government at a subnational level, such as a regional, local, or state level. Devolution can be mainly financial, e.g. giving areas a budget which was formerly administered by central government...
some of its authority to District residents.
On July 16, 1790, the Residence Act
Residence Act
The Residence Act of 1790, officially titled An Act for establishing the temporary and permanent seat of the Government of the United States, is the United States federal law that settled the question of locating the capital of the United States, selecting a site along the Potomac River...
provided for a new permanent capital to be located on the Potomac River
Potomac River
The Potomac River flows into the Chesapeake Bay, located along the mid-Atlantic coast of the United States. The river is approximately long, with a drainage area of about 14,700 square miles...
, the exact area to be selected by President Washington
George Washington
George Washington was the dominant military and political leader of the new United States of America from 1775 to 1799. He led the American victory over Great Britain in the American Revolutionary War as commander-in-chief of the Continental Army from 1775 to 1783, and presided over the writing of...
. As permitted by the U.S. Constitution, the initial shape of the federal district was a square, measuring 10 miles (16.1 km) on each side, totaling 100 square miles (259 km²). The Residence Act also provided for the selection of a three-member board of commissioners, appointed by the President, charged with overseeing the construction of the new capital. Two other incorporated cities that predated the establishment of the District were also included within the new federal territory: Georgetown
Georgetown, Washington, D.C.
Georgetown is a neighborhood located in northwest Washington, D.C., situated along the Potomac River. Founded in 1751, the port of Georgetown predated the establishment of the federal district and the City of Washington by 40 years...
, founded in 1751, and the City of Alexandria, Virginia
Alexandria, Virginia
Alexandria is an independent city in the Commonwealth of Virginia. As of 2009, the city had a total population of 139,966. Located along the Western bank of the Potomac River, Alexandria is approximately six miles south of downtown Washington, D.C.Like the rest of northern Virginia, as well as...
, founded in 1749. A new "federal city" called the City of Washington was then constructed on the north bank of the Potomac, to the east of the established settlement at Georgetown.
The Organic Act of 1801
District of Columbia Organic Act of 1801
The District of Columbia Organic Act of 1801 is an Organic Act enacted by the United States Congress, which incorporated the District of Columbia and divided the territory into two counties: Washington County to the north and east of the Potomac River and Alexandria County...
officially organized the District of Columbia and placed the entire federal territory, including the cities of Washington, Georgetown, and Alexandria under the exclusive control of Congress. In 1802, the board of commissioners was disbanded and the City of Washington was officially incorporated. The city's incorporation allowed for a local municipal government consisting of a mayor appointed by the President and an elected six-member council. The local governments of Georgetown and Alexandria were also left intact. As such, the citizens of Georgetown retained their locally-elected mayor. In 1820, the Congress granted the City of Washington a new charter, which allowed for an elected mayor.
During these first few years of the city's development, the federal government maintained a laissez faire approach to the city's affairs. However, in 1829 with the new administration of President Andrew Jackson
Andrew Jackson
Andrew Jackson was the seventh President of the United States . Based in frontier Tennessee, Jackson was a politician and army general who defeated the Creek Indians at the Battle of Horseshoe Bend , and the British at the Battle of New Orleans...
and the election of pro-Jackson
20th United States Congress
-House of Representatives:-Leadership:- Senate :* President: John C. Calhoun * President pro tempore: Samuel Smith - House of Representatives :* Speaker: Andrew Stevenson -Members:This list is arranged by chamber, then by state...
majorities in each house of Congress, the federal government began intervening more in the city's local affairs. Most of the disputes between the federal and municipal governments involved financing for capital projects in the city.
The disputes became more political in 1840 when the city elected a member of the anti-Jackson Whig Party
Whig Party (United States)
The Whig Party was a political party of the United States during the era of Jacksonian democracy. Considered integral to the Second Party System and operating from the early 1830s to the mid-1850s, the party was formed in opposition to the policies of President Andrew Jackson and his Democratic...
as mayor. Two weeks after the election, members of Congress submitted legislation to alter the charter of the City of Washington to remove the city's elected government. However, the bill was unable to pass the Congress due to disputes among members about the status of slavery in the District. The election of President William Henry Harrison
William Henry Harrison
William Henry Harrison was the ninth President of the United States , an American military officer and politician, and the first president to die in office. He was 68 years, 23 days old when elected, the oldest president elected until Ronald Reagan in 1980, and last President to be born before the...
, who was favorable to residents of the District, all but assured that the proposed bill would not become law.
In the years preceding and during the American Civil War
American Civil War
The American Civil War was a civil war fought in the United States of America. In response to the election of Abraham Lincoln as President of the United States, 11 southern slave states declared their secession from the United States and formed the Confederate States of America ; the other 25...
, the remainder of the District developed a complicated, piecemeal government. Separate municipal authorities for the cities of Washington and Georgetown remained intact, but shared jurisdiction with overlapping authorities for the whole District, such as the Metropolitan Police Department
Metropolitan Police Department of the District of Columbia
The Metropolitan Police Department, also known as the DC Police, DCPD, MPD, and MPDC is the municipal police force in Washington, D.C...
founded in 1861. Following the Civil War, the city experienced a large increase in its population; by 1870, the District's population had grown to nearly 132,000. Despite the city's growth, Washington still had dirt roads and lacked basic sanitation; the situation was so bad that some members of Congress proposed moving the capital elsewhere.
In order to build new infrastructure and make the city's government operate more efficiently, Congress passed the Organic Act of 1871
District of Columbia Organic Act of 1871
The District of Columbia Organic Act of 1871, formally An Act to provide a Government for the District of Columbia, is an Act of Congress, which created a territorial government for the District of Columbia. The act was the first to create a single government for the entire federal district and...
, which created a new government for the entire federal territory. This Act effectively combined the City of Washington, Georgetown, and unincorporated area known then as Washington County
Washington County, D.C.
The County of Washington was one of the five political entities contained within the geographic region comprising what was originally the 100-square-mile District of Columbia. These were the City of Alexandria, the County of Alexandria, Georgetown, the City of Washington, and the County of...
, into a single municipality officially named the District of Columbia. In the same Organic Act, Congress created a territorial government which consisted of a legislative assembly with an upper-house composed of eleven council members appointed by the President and a 22-member house of delegates elected by the people, as well as an appointed a Board of Public Works charged with modernizing the city. In 1873, President Ulysses S. Grant
Ulysses S. Grant
Ulysses S. Grant was the 18th President of the United States as well as military commander during the Civil War and post-war Reconstruction periods. Under Grant's command, the Union Army defeated the Confederate military and ended the Confederate States of America...
appointed the board's most influential member, Alexander Robey Shepherd
Alexander Robey Shepherd
Alexander Robey Shepherd , better known as Boss Shepherd, was one of the most controversial and influential civic leaders in the history of Washington, D.C., and one of the most powerful big-city political bosses of the Gilded Age. He was head of the DC Board of Public Works from 1871 to 1873 and...
, to the new post of governor. Shepherd authorized large-scale projects to modernize Washington but overspent three times the approved budget, bankrupting the city. In 1874, Congress abolished the District's local government in favor of direct rule.
The territorial government was replaced by a three-member Board of Commissioners; two members appointed by the President after approval by the Senate and a third member was selected from the United States Army Corps of Engineers
United States Army Corps of Engineers
The United States Army Corps of Engineers is a federal agency and a major Army command made up of some 38,000 civilian and military personnel, making it the world's largest public engineering, design and construction management agency...
. One of the three members would be selected to act as President of the Board. This form of government continued for nearly a century. Between 1948 and 1966, six bills were introduced in Congress to provide some form of home rule, but none ever passed. The commissioner form of government was replaced in 1967 by a mayor-commissioner and a nine-member city council appointed by the President.
1973 Home Rule Act
On December 24, 1973, Congress enacted the District of Columbia Home Rule ActDistrict of Columbia Home Rule Act
The District of Columbia Home Rule Act is a United States federal law passed on December 24, 1973 which devolved certain congressional powers of the District of Columbia to local government, furthering District of Columbia home rule...
, providing for an elected mayor and the 13-member Council of the District of Columbia
Council of the District of Columbia
The Council of the District of Columbia is the legislative branch of the local government of the District of Columbia. As permitted in the United States Constitution, the District is not part of any U.S. state and is instead overseen directly by the federal government...
. Each of the city's eight wards elects a single member of the council and five members, including the chairman, are elected at large.
There are 37 Advisory Neighborhood Commission
Advisory Neighborhood Commission
thumb|right|upright|The District of Columbia is divided into 8 wards, each of which is further divided into local ANCs.Advisory Neighborhood Commissions are bodies of local government in Washington, D.C...
s (ANCs) elected by small neighborhood districts. ANCs traditionally wield a great deal of influence and the city government routinely takes their suggestions into careful consideration. The Council has the ability to pass local laws and ordinances. However, pursuant to the Home Rule Act all legislation passed by the D.C. government, including the city's local budget, remains subject to the approval of Congress.
Justice system
The Superior Court of the District of ColumbiaSuperior Court of the District of Columbia
The Superior Court of the District of Columbia is the local trial court for the District of Columbia. It hears cases involving criminal and civil law. The court also handles specialized cases in the following areas: family court, landlord and tenant, probate, tax, and traffic offenses...
hears all local civil and criminal cases in Washington, D.C. Despite the fact that the court is technically the third branch of the D.C. government, the Superior Court is funded and operated by the United States federal government. The D.C. Superior Court should not, however, be confused with the United States District Court for the District of Columbia
United States District Court for the District of Columbia
The United States District Court for the District of Columbia is a federal district court. Appeals from the District are taken to the United States Court of Appeals for the District of Columbia Circuit The United States District Court for the District of Columbia (in case citations, D.D.C.) is a...
, which only hears cases dealing with violations of federal law.
The President of the United States continues to appoint the city's judges and prosecutors. The local Attorney General of the District of Columbia only has jurisdiction in civil proceedings and prosecuting minor offenses such as misdemeanor
Misdemeanor
A misdemeanor is a "lesser" criminal act in many common law legal systems. Misdemeanors are generally punished much less severely than felonies, but theoretically more so than administrative infractions and regulatory offences...
s and traffic violations. All federal offenses and local felony
Felony
A felony is a serious crime in the common law countries. The term originates from English common law where felonies were originally crimes which involved the confiscation of a convicted person's land and goods; other crimes were called misdemeanors...
charges (i.e. serious crimes such as robbery, murder, aggravated assault, grand theft, and arson) are prosecuted by the United States Attorney
United States Attorney
United States Attorneys represent the United States federal government in United States district court and United States court of appeals. There are 93 U.S. Attorneys stationed throughout the United States, Puerto Rico, the U.S. Virgin Islands, Guam, and the Northern Mariana Islands...
for the District of Columbia, which is overseen by the United States Department of Justice
United States Department of Justice
The United States Department of Justice , is the United States federal executive department responsible for the enforcement of the law and administration of justice, equivalent to the justice or interior ministries of other countries.The Department is led by the Attorney General, who is nominated...
. This differs from elsewhere in the country where 93% of local prosecutors are directly elected and the remainder are appointed by local elected officials.
The fact that the U.S. Attorneys in the District of Columbia are neither elected nor appointed by city officials leads to criticism that the prosecutors are not responsive to the needs of local residents. Efforts to create the position of D.C. district attorney
District attorney
In many jurisdictions in the United States, a District Attorney is an elected or appointed government official who represents the government in the prosecution of criminal offenses. The district attorney is the highest officeholder in the jurisdiction's legal department and supervises a staff of...
regained attention in 2008. The D.C. district attorney would be elected and have jurisdiction over all local criminal cases, thereby streamlining prosecution and making the justice system more accountable to residents.
Relationship with Congress
Despite the fact that Washington, D.C. has an elected mayor and city council, significant congressional oversight of the District's local affairs remains in place. The Congress can also revoke the city's home rule charter at any time or pass legislation in regards to the city without approval from residents or the local government. District leaders have long complained about the interventionist approach that members of Congress, who have no particular attachment to the city, take in dealing with the District's local affairs. However, when confronted by hot-button political issues such as the death penalty, gun control or gay marriage, members of Congress are often pressured to cast votes consistent with the beliefs of their constituents, regardless of the law's effect on the city.The standing committees
Committee
A committee is a type of small deliberative assembly that is usually intended to remain subordinate to another, larger deliberative assembly—which when organized so that action on committee requires a vote by all its entitled members, is called the "Committee of the Whole"...
charged with oversight of the federal city, known as the District committees, were also originally believed to be unimportant when compared to other committees with greater scope and authority. As such, those appointed to the District committees were often less-respected members of Congress. For example, Theodore G. Bilbo
Theodore G. Bilbo
Theodore Gilmore Bilbo was an American politician. Bilbo, a Democrat, twice served as governor of Mississippi and later was elected a U.S. Senator . A master of filibuster and scathing rhetoric, a rough-and-tumble fighter in debate, he made his name a synonym for white supremacy...
, a senator from Mississippi
Mississippi
Mississippi is a U.S. state located in the Southern United States. Jackson is the state capital and largest city. The name of the state derives from the Mississippi River, which flows along its western boundary, whose name comes from the Ojibwe word misi-ziibi...
in the 1930 and '40s, was made chairman of the United States Senate Committee on the District of Columbia
United States Senate Committee on the District of Columbia
The United States Senate Committee on the District of Columbia was one of the first standing committees created in the United States Senate, in 1816. It had jurisdiction over the District of Columbia...
during his final years in the Senate. Bilbo, an unapologetic racist, used the appointment to extend segregationist policies among the District's increasingly African American
African American
African Americans are citizens or residents of the United States who have at least partial ancestry from any of the native populations of Sub-Saharan Africa and are the direct descendants of enslaved Africans within the boundaries of the present United States...
population.
The District committees were largely restructured in the late 1970s. Currently, the District of Columbia is overseen in the House of Representatives by the Committee on Oversight and Government Reform and its Subcommittee on Federal Workforce, Post Office, and the District of Columbia. As a courtesy to the city's residents, the District's non-voting delegate
District of Columbia's At-large congressional district
The District of Columbia's At-large congressional district is a congressional district based entirely of the District of Columbia. Since, according to the U.S. Constitution, only states may be represented in Congress, the District of Columbia has no voting representative. Instead, constituents in...
, currently Eleanor Holmes Norton
Eleanor Holmes Norton
Eleanor Holmes Norton is a Delegate to Congress representing the District of Columbia. In her position she is able to serve on and vote with committees, as well as speak from the House floor...
, serves as a member of both committees. The District is overseen in the United States Senate by the Committee on Homeland Security and Governmental Affairs
United States Senate Committee on Homeland Security and Governmental Affairs
The United States Senate Committee on Homeland Security and Governmental Affairs has jurisdiction over matters related to the Department of Homeland Security and other homeland security concerns, as well as the functioning of the government itself, including the National Archives, budget and...
and its Subcommittee on Oversight of Government Management, the Federal Workforce and the District of Columbia. There is no Senate equivalent to a delegate
Delegate (United States Congress)
A delegate to Congress is a non-voting member of the United States House of Representatives who is elected from a U.S. territory and from Washington, D.C. to a two-year term. While unable to vote in the full House, a non-voting delegate may vote in a House committee of which the delegate is a member...
and therefore the District has no representation at all on those committees.
Firearms Control Regulations Act of 1975
The Firearms Control Regulations Act of 1975 was passed by the District of Columbia city council on September 24, 1976. On June 26, 2008, in the historic case of District of Columbia v. Heller, the Supreme Court of the United States determined that the ban and trigger lock provision violate the...
have been continuously introduced in the Congress as well.
Efforts to roll back the city's gun laws were curtailed following the June 26, 2008, Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
decision in District of Columbia v. Heller
District of Columbia v. Heller
District of Columbia v. Heller, 554 U.S. 570 , was a landmark case in which the Supreme Court of the United States held that the Second Amendment to the United States Constitution protects an individual's right to possess a firearm for traditionally lawful purposes in federal enclaves, such as...
. The court held that the city's 1976 handgun ban violates the Second Amendment
Second Amendment to the United States Constitution
The Second Amendment to the United States Constitution is the part of the United States Bill of Rights that protects the right of the people to keep and bear arms. It was adopted on December 15, 1791, along with the rest of the Bill of Rights.In 2008 and 2010, the Supreme Court issued two Second...
right to gun ownership. However, the ruling does not prohibit all forms of gun control, and pro-gun rights members of Congress are still attempting to repeal remaining gun regulations such as the District's assault weapon ban.
The most significant intrusion into the city's local affairs since the passage of Home Rule Act was when the Congress removed the city's authority to control its own finances in the mid-1990s. The situation was a result of mismanagement and waste in the city's local government, particularly during the mayoralty of Marion Barry
Marion Barry
Marion Shepilov Barry, Jr. is an American Democratic politician who is currently serving as a member of the Council of the District of Columbia, representing DC's Ward 8. Barry served as the second elected mayor of the District of Columbia from 1979 to 1991, and again as the fourth mayor from 1995...
. By 1995, the city had become nearly insolvent, which prompted the Congress to create the District of Columbia Financial Control Board
District of Columbia Financial Control Board
The District of Columbia Financial Control Board was a five-member body established by the United States Congress in 1995 to oversee the finances of Washington, D.C...
. As part of the restructuring arrangement, the appointed members of the Financial Control Board had the authority to approve all city spending; however, Congress also agreed to provide more funding for federally mandated programs such as Medicaid
Medicaid
Medicaid is the United States health program for certain people and families with low incomes and resources. It is a means-tested program that is jointly funded by the state and federal governments, and is managed by the states. People served by Medicaid are U.S. citizens or legal permanent...
. Mayor Anthony Williams
Anthony A. Williams
Anthony Allen "Tony" Williams is an American politician who served as the fifth mayor of the District of Columbia for two terms, from 1999 to 2007. He had previously served as chief financial officer for the District, managing to balance the budget and achieve a surplus within two years of...
won election in 1998. His administration oversaw a period of greater prosperity, urban renewal, and budget surpluses. The District regained control over its finances in September 2001 and the oversight board's operations were suspended.
Proposals for change
Advocates of greater D.C. home rule have proposed several reforms to increase the District's independence from Congress. These proposals generally involve either limiting oversight or allowing the state of Maryland take back the land it ceded to form the District.Legislation
A number of legislative proposals have been made for the Congress, while maintaining its authority over the District, to significantly restrain the degree of oversight. These initiatives include:- Allowing greater legislative autonomy and removing the congressional review period required before local legislation becomes law;
- Removing the required congressional review and active approval of the city's local budget; and
- Creating the position of an elected D.C. attorney general so that residents may have greater say over local civil litigation and criminal prosecutions.
Currently, all of these proposals are pending before various committees in the Congress.
Retrocession
The process of reuniting the District of Columbia with the state of Maryland is referred to as retrocession. The District was originally formed out of parts of both Maryland and Virginia. However, the portion ceded by Virginia was returned to that state in 1846; all the land in present-day D.C. was once part of Maryland. If both the Congress and the Maryland state legislature agreed, jurisdiction over the District of Columbia could be returned to Maryland, possibly excluding a small tract of land immediately surrounding the United States CapitolUnited States Capitol
The United States Capitol is the meeting place of the United States Congress, the legislature of the federal government of the United States. Located in Washington, D.C., it sits atop Capitol Hill at the eastern end of the National Mall...
, the White House
White House
The White House is the official residence and principal workplace of the president of the United States. Located at 1600 Pennsylvania Avenue NW in Washington, D.C., the house was designed by Irish-born James Hoban, and built between 1792 and 1800 of white-painted Aquia sandstone in the Neoclassical...
, and the Supreme Court building. If the District were returned to Maryland, exclusive jurisdiction over the city by Congress would be terminated and citizens in D.C. would gain voting representation in the Congress as residents of Maryland. The main problem with any of the proposals is that the state of Maryland does not currently want to take the District back. Further, retrocession may require a constitutional amendment as the District's role as the seat of government is mandated by the District Clause of the U.S. Constitution. Retrocession could also alter the idea of a separate national capital as envisioned by the Founding Fathers.
Statehood
If the District were to become a state, Congress would no longer have exclusive authority over the city and residents would have full voting representation in the Congress, including the Senate. However, there are a number of constitutional considerations with any such statehood proposal. Article Four of the United States ConstitutionArticle Four of the United States Constitution
Article Four of the United States Constitution relates to the states. The article outlines the duties states have to each other, as well as those the federal government has to the states...
gives the Congress power to grant statehood; the House of Representatives last voted on D.C. statehood in November 1993 and the proposal was defeated by a vote of 277 to 153. Further, like the issue of retrocession, opponents argue that statehood would violate the District Clause of the U.S. Constitution, and erode the principle of a separate federal territory as the seat of government. D.C. statehood could therefore require a constitutional amendment.