Federal oversight in Washington – a special case as old as America itself

The District of Columbia is a special case in American governance.

Which is why President Trump has distinctive authority to dispatch federal agents and National Guard troops to patrol the city’s streets for at least a month.

It’s in the Constitution.

Article I, Section 8 grants Congress 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.”

That’s a reference to what would become the District of Columbia.

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The Founders wanted the home of the federal government somewhat cloistered – and protected – from local whims and danger. The precursor to the present Congress convened in Philadelphia. But Continental Army soldiers staged what was known as the Pennsylvania Mutiny of 1783, claiming the “Congress of the Confederation” owed them back pay. The incident prompted Alexander Hamilton to suggest that the Congress vacate Philadelphia. It wasn’t clear that local authorities could protect the incipient Congress from the mutineers. So they abandoned Philadelphia for Princeton, New Jersey.

Scarred by what happened in Philadelphia, the Founders etched out a quirky “federal district” which didn’t exist in a state. The Founders felt Pennsylvania was lax at guarding the original Congress. So developing their own “capital city” for Congress – with the government in control – would grant them security.

The 1st Congress adopted the “Residence Act.” It established what became Washington, DC. There was a compromise that the new nation would initiate the seat of government anywhere from what is now Hagerstown, Md., to its present location. But the law gave President George Washington authority to determine the exact location. Washington’s residence was along the Potomac at Mount Vernon. So they carved out a “District of Columbia” from territory which was otherwise part of Maryland and Virginia – on opposite sides of the Potomac River.

Congress forked over the parcel of land on the “western” shore of the Potomac to Virginia in the 1840s. Stone markers still mark the old District of Columbia boundaries in and around Alexandria, Va.

So Congress was in charge of the District of Columbia until 1973.

That’s when lawmakers approved the Home Rule Act for DC. DC gained a non-voting delegate to the House (similar to those from U.S. territories) a few years earlier. But now Washington, DC would feature a mayor and a city council. But under Article I, Section 8 of the Constitution, Congress would maintain ultimate authority over the city. The House and Senate presided as a sort of “super city council.”

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Lawmakers periodically infused themselves into Washington’s local affairs beginning in the late 1980s – and mostly at the behest of Republicans. Congress blocked the legalization of medical marijuana in DC in 1998. The House and Senate also bigfooted a new criminal justice system for the city in 2022. That’s because the local law diminished punishments for serious crimes like carjacking.

Republicans won control of the House in 1994 and promptly discussed dialing back home rule for Washington, DC. Republicans made their mark by blocking a needle exchange program for drug abusers.

The U.S. ratified the 23rd Amendment in 1961. That granted the city three electoral votes. However, Washington lacks a vote on the floor of the House or two votes in the Senate – even though its citizens pay federal income taxes, serve in the military and are subject to the draft. That’s why the city festooned license plates with the moniker “Taxation Without Representation” in the 1990s.

Democrats have largely championed the plight of DC. A bill to make DC a state failed in 1993, 277-153. However, the House passed a statehood bill for DC in 2020, 232-180. The bill would convert most of the present city into “Douglass Commonwealth,” named after abolitionist Frederick Douglass. So the city wouldn’t be a state, but a “commonwealth” like Pennsylvania, Virginia, Kentucky and Massachusetts.

That bill would chisel out a swath of land, encompassing the Capitol, the White House, the Supreme Court, the National Mall and many federal buildings. Supporters of the legislation argued that this would be the new “seat” of government as prescribed by the Constitution.

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But the measure never got a vote in the GOP-controlled Senate.

And statehood is unlikely any time soon for DC.

The city is overwhelmingly Democratic. The new state or commonwealth would likely elect a Democratic U.S. Representative and two Democratic senators. Republicans would never abide that as it would tip the balance of power in Congress.

Note that Alaska and Hawaii entered the union virtually together as part of a compromise. One would be the “Democratic” state. The other would be the “Republican” state. Therefore, the admissions created political balance in Congress.

Ironically, Alaska was supposed to be the “Democratic” state and Hawaii the “Republican” state. However, the prevailing politics of both of those states mostly flipped over the years.

Moreover, it’s hard to see how any plan for statehood could overcome a Senate filibuster requiring 60 yeas. That’s why some progressives pushed Senate Democratic leaders to abolish the filibuster several years ago. But it was unclear if DC even had the votes to become a state when Democrats controlled a slim Senate majority.

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So this brings us to present day and President Trump’s use of the 1973 Home Rule Act to take over the local police department in Washington. The law says Congress must approve such action within a month. One can bet that the GOP-controlled House and Senate will consider such a measure in September. Prospective passage is always tight in the House because of the narrow majority. However, such a plan is likely subject to a filibuster in the Senate. 

Most Republicans are eager to follow the lead of President Trump. Moreover, Congressional Republicans would embrace the opportunity to dare Democrats to vote no on a renewal – and portray them as opposing order in the streets.

For his part, the president said he expected Congress to act “very quickly.” But Mr. Trump observed that “we can do it without Congress” if he deems it a national emergency.

President Trump also characterized the potential for statehood as “ridiculous” and “unacceptable.”

So this unique political construct for the nation’s capital is what grants Congress – and the president – authority over the District of Columbia. It’s in the Constitution. And unless Congress blocks him, President Trump can likely administer DC as he sees fit.