This article is part of a series on the |
Constitution of the United States |
---|
Preamble and Articles |
Amendments to the Constitution |
Unratified Amendments : |
History |
Full text |
The District of Columbia Voting Rights Amendment was a proposed amendment to the United States Constitution that would have given the District of Columbia full representation in the United States Congress, full representation in the Electoral College system, and full participation in the process by which the Constitution is amended. It would have also repealed the Twenty-third Amendment, which granted the District of Columbia the same number of electoral votes as that of the least populous state, but gave it no role in contingent elections.
The amendment was proposed by the U.S. Congress on August 22, 1978, and the legislatures of the 50 states were given seven years to consider it. Ratification by 38 states was necessary for the amendment to become part of the Constitution; only 16 states had ratified it when the seven-year time limit expired on August 22, 1985. This proposed constitutional amendment is the most recent one to have been sent to the states for their consideration. [1]
Section 1. For purposes of representation in the Congress, election of the President and Vice President, and article V of this Constitution, the District constituting the seat of government of the United States shall be treated as though it were a State.
Section 2. The exercise of the rights and powers conferred under this article shall be by the people of the District constituting the seat of government, and as shall be provided by the Congress.
Section 3. The twenty-third article of amendment to the Constitution of the United States is hereby repealed.
Section 4. This article shall be inoperative, unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several States within seven years from the date of its submission. [2]
Representative Don Edwards of California proposed House Joint Resolution 554 in the 95th Congress. The United States House of Representatives passed it on March 2, 1978, by a 289–127 vote, with 18 not voting. [3]
The Senate considered the amendment on August 22, 1978. [4] It had considerable bipartisan support, with both Majority Leader Robert Byrd (D–WV) and Minority Leader Howard Baker (R–TN) pressing for its passage. Debate centered on the Founding Fathers' original intentions for the capital city, the morality of denying 700,000 American citizens congressional representation, and the constitutionality of the proposal.
Support for the amendment came from across the political spectrum, though liberal Democrats were its most visible defenders. Democrat Patrick Leahy of Vermont rebutted arguments from conservatives that extending full voting rights to D.C. was unfair to rural states. Citing his state's rural nature, Leahy asserted that the proposal was not "a case of rural versus urban," but rather about "simple justice, overdue justice." Alaska Democrat Mike Gravel argued that the principles of democracy triumph over policies, expressing his support for the proposal despite the likelihood of the District's representatives "voting against the Alaskan position on d-2 land" and encouraging "more government rather than more implementation through the private sector."
Several Republicans also spoke out in support. Michigan's Robert P. Griffin noted the United States' unusual treatment of D.C., stating, "In only one other country in the world—Brazil—are residents of the capital city denied representation in their national legislature." Edward Brooke of Massachusetts brought up his Washington upbringing in expressing his support for the amendment, while Bob Dole reminded colleagues that the GOP had included full voting representation for the District of Columbia in its party platform adopted at the 1976 Republican National Convention. Lowell Weicker of Connecticut went so far as to argue that the proposed amendment was not enough, instead advocating for the District of Columbia's admission as a state.
One particularly notable supporter of the amendment was Strom Thurmond (R–SC), notorious for his longtime support of racial segregation. Reflecting his gradual shift toward more moderate views on race, he supported the amendment despite the District of Columbia's Black-majority population. Noting the United States' commitment to exemplifying the ideals of democracy, he asked, "How can we do that when three-quarters of a million people are not allowed to have voting representation in the capital city of this Nation?"
Opposition to the amendment, meanwhile, came almost exclusively from conservatives. Ted Stevens (R–AK) was a particularly vocal foe:
"If this area is tired of being the seat of Government, if it does not wish to vote in Maryland and not have the seat of Government moved, I would be happy to suggest the Capitol be moved. We went through it once in the forties. I would be more than happy to go through it again. And I shall propose it next year. Let us move the Capitol. Let us build a Federal City in which nobody lives, in which there are just buildings and the seat of Government. Let us make Washington, D.C., a historical monument, another part of the Park Service, if you will. So many people are interested in making much of my State a national park. I will be delighted to assist in making this a national park so everybody in the world will come and see how we ran the Government of the United States for the first 200 years."
Other opponents of the amendment proposed more serious compromises. Mississippi Democrat John C. Stennis advocated for giving the District only one senator, while Oklahoma's Dewey F. Bartlett tried to alter the amendment to assure that Congress could not exercise committee oversight of D.C. There was considerable discussion of retroceding the District of Columbia back into Maryland, though Maryland Senators Charles Mathias and Paul Sarbanes quickly doused the idea.
Orrin Hatch alleged that the proposal contradicted Article V of the United States Constitution, which guarantees that "no State, without its consent, shall be deprived of its equal Suffrage in the Senate." Hatch claimed this meant that all 50 states would have to approve the amendment. In a blistering retort, Ted Kennedy said, "It fails in terms of logic. How can a constitutional amendment be unconstitutional?"
The amendment ultimately passed with the support of 48 Democrats and 19 Republicans. Exactly 80% of the Democratic caucus voted for the amendment, while Republicans split evenly. The chamber's sole independent, Harry F. Byrd Jr. of Virginia, voted nay.
With that, the District of Columbia Voting Rights Amendment was submitted to the state legislatures for ratification. The Congress, via Section 4, included the requirement that ratification by three-fourths (38) of the states be completed within seven years following its passage by the Congress (i.e., August 22, 1985) in order for the proposed amendment to become part of the Constitution. [5] By placing the ratification deadline in the text of the proposed amendment the deadline could not be extended without a separate amendment to the Constitution. This was in contrast to the ratification deadline of the Equal Rights Amendment, which was restricted by statute and not the amendment itself, [6] and which later became the subject of legal debate. [7] [8]
Ratification by the legislatures of at least 38 of the 50 states by August 22, 1985, was necessary for the District of Columbia Voting Rights Amendment to become part of the Constitution. During the seven-year period specified by Congress it was ratified by only 16 states and so failed to be adopted. [9] The amendment was ratified by the following states:
The text of the District of Columbia Voting Rights Amendment states that it will be "inoperative" if ratified past the original seven-year deadline. [6] Therefore, if the necessary 38 states ratify the amendment in the future, it will be added to the Constitution but have no effect.
Had it been adopted, this proposed amendment would have allowed the District of Columbia and its population to participate in federal institutions on equal footing with the states, but it would not have made the district into a state, nor affected Congress's authority over it. The District of Columbia would have been given full representation in both houses of Congress, so that it would have two senators and a variable number of representatives based on population.
The proposed amendment would also have repealed the twenty-third amendment, which does not allow the district to have more electoral votes "than the least populous State", nor does it grant the District of Columbia any role in contingent elections of the president by the House of Representatives (or of the vice president by the Senate). In contrast, this proposed amendment would have provided the district full participation in presidential (and vice presidential) elections.
Finally, the proposed amendment would have allowed the Council of the District of Columbia, the Congress, or the people of the district (depending on how the amendment would have been interpreted) to decide whether to ratify any proposed amendment to the Constitution, or to apply to the Congress for a convention to propose amendments to the United States Constitution, just as a state's legislature can under the Constitutional amendment process laid out in Article V of the Constitution. [10]
The Constitution of the United States is the supreme law of the United States. It superseded the Articles of Confederation, the nation's first constitution, on March 4, 1789. Originally including seven articles, the Constitution delineates the frame of the federal government. The Constitution's first three articles embody the doctrine of the separation of powers, in which the federal government is divided into three branches: the legislative, consisting of the bicameral Congress ; the executive, consisting of the president and subordinate officers ; and the judicial, consisting of the Supreme Court and other federal courts. Article IV, Article V, and Article VI embody concepts of federalism, describing the rights and responsibilities of state governments, the states in relationship to the federal government, and the shared process of constitutional amendment. Article VII establishes the procedure subsequently used by the 13 states to ratify it. The Constitution of the United States is the oldest and longest-standing written and codified national constitution in force in the world.
Article Five of the United States Constitution describes the procedure for altering the Constitution. Under Article Five, the process to alter the Constitution consists of proposing an amendment or amendments, and subsequent ratification.
The Thirteenth Amendment to the United States Constitution abolished slavery and involuntary servitude, except as punishment for a crime. The amendment was passed by the Senate on April 8, 1864, by the House of Representatives on January 31, 1865, and ratified by the required 27 of the then 36 states on December 6, 1865, and proclaimed on December 18. It was the first of the three Reconstruction Amendments adopted following the American Civil War.
The Fifteenth Amendment to the United States Constitution prohibits the federal government and each state from denying or abridging a citizen's right to vote "on account of race, color, or previous condition of servitude." It was ratified on February 3, 1870, as the third and last of the Reconstruction Amendments.
The Nineteenth Amendment to the United States Constitution prohibits the United States and its states from denying the right to vote to citizens of the United States on the basis of sex, in effect recognizing the right of women to vote. The amendment was the culmination of a decades-long movement for women's suffrage in the United States, at both the state and national levels, and was part of the worldwide movement towards women's suffrage and part of the wider women's rights movement. The first women's suffrage amendment was introduced in Congress in 1878. However, a suffrage amendment did not pass the House of Representatives until May 21, 1919, which was quickly followed by the Senate, on June 4, 1919. It was then submitted to the states for ratification, achieving the requisite 36 ratifications to secure adoption, and thereby went into effect, on August 18, 1920. The Nineteenth Amendment's adoption was certified on August 26, 1920.
The Equal Rights Amendment (ERA) is a proposed amendment to the United States Constitution that would, if added, explicitly prohibit sex discrimination. It was written by Alice Paul and Crystal Eastman and first introduced in Congress in December 1923. With the rise of the women's movement in the United States during the 1960s, the ERA garnered increasing support, and, after being reintroduced by Representative Martha Griffiths in 1971, it was approved by the U.S. House of Representatives that year, and by the U.S. Senate in 1972, thus submitting the ERA to the state legislatures for ratification, as provided by Article V of the U.S. Constitution. The amendment's ratification in the states remains disputed to today, and it remains unratified.
The Twenty-third Amendment to the United States Constitution extends the right to participate in presidential elections to the District of Columbia. The amendment grants to the district electors in the Electoral College, as though it were a state, though the district can never have more electors than the least-populous state. How the electors are appointed is to be determined by Congress. The Twenty-third Amendment was proposed by the 86th Congress on June 16, 1960; it was ratified by the requisite number of states on March 29, 1961.
The Twenty-fourth Amendment of the United States Constitution prohibits both Congress and the states from requiring the payment of a poll tax or any other tax to vote in federal elections. The amendment was proposed by Congress to the states on August 27, 1962, and was ratified by the states on January 23, 1964.
The Twenty-seventh Amendment to the United States Constitution states that any law that increases or decreases the salary of members of Congress may take effect only after the next election of the House of Representatives has occurred. It is the most recently adopted amendment but was one of the first proposed.
A constitutional amendment is a modification of the constitution of a polity, organization or other type of entity. Amendments are often interwoven into the relevant sections of an existing constitution, directly altering the text. Conversely, they can be appended to the constitution as supplemental additions, thus changing the frame of government without altering the existing text of the document.
The District of Columbia's at-large congressional district is a congressional district encompassing all of Washington, D.C., the capital city of the United States. Article One of the United States Constitution instructs that only "States" may be represented in the United States Congress. Because the District of Columbia does not meet that criterion, the member elected from the at-large district is not permitted to participate in votes on the floor of the House. Instead, constituents of the seat elect a non-voting delegate to the chamber. Though the delegate lacks full voting privileges, they are permitted to sit on, cast votes in, and chair congressional committees and subcommittees. The delegate may also join party caucuses, introduce legislation, and hire staff to assist with constituent services.
The District of Columbia statehood movement is a political movement that advocates making the District of Columbia a U.S. state, to provide the residents of the District of Columbia with voting representation in the Congress and complete control over local affairs.
The Corwin Amendment is a proposed amendment to the United States Constitution that has never been adopted, but owing to the absence of a ratification deadline, could theoretically still be adopted by the state legislatures. It would have shielded slavery within the states from the federal constitutional amendment process and from abolition or interference by Congress.
Voting rights of citizens in the District of Columbia differ from the rights of citizens in the 50 U.S. states. The United States Constitution grants each state voting representation in both houses of the United States Congress. It defines the federal district as being outside of any state, and does not grant it any voting representation in Congress. The Constitution grants Congress exclusive jurisdiction over the District in "all cases whatsoever".
The Congressional Apportionment Amendment is a proposed amendment to the United States Constitution that addresses the number of seats in the House of Representatives. It was proposed by Congress on September 25, 1789, but was never ratified by the requisite number of state legislatures. As Congress did not set a time limit for its ratification, the Congressional Apportionment Amendment is still pending before the states. As of 2024, it is one of six unratified amendments.
A referendum on statehood for the District of Columbia was held on November 8, 2016. It was the first referendum on statehood to be held in the district. The District of Columbia was created following the passage of the Residence Act on July 9, 1790, which approved the creation of a national capital, the City of Washington on the Potomac River.
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 bill would grant Washington, D.C., admission into the Union as a state. The bill was originally introduced in the 116th Congress on January 3, 2019, and was reintroduced on January 4, 2021, and January 9, 2023, in the 117th and 118th Congresses. The United States House of Representatives passed it on April 22, 2021.
The Equality Amendment is a proposed Amendment to the U.S. Constitution by legal scholars Kimberlé Crenshaw and Catharine MacKinnon. It was first proposed in December 2019 in the Yale Law Journal. This proposal is an updated version of the Equal Rights Amendment written by Alice Paul from the National Women's Party, which was first proposed in 1923 and has not been ratified. This is different from the 2021 Equality Act, which has been proposed in Congress to prohibit discrimination based on biological sex, gender identity or sexual orientation.