The Article I District Clause

The District of Columbia has not always been the American seat of government or the Capitol. The Continental Congress, which preceded our current Congress, lacked a fixed location, frequently moving between New York, New Jersey, and Pennsylvania for sessions. George Washington was inaugurated in New York City, which also hosted the Continental Congress while drafting the U.S. Constitution.

Rather than seating the federal government within an existing state, subject to state laws, the framers opted to create a separate district, free from entanglements with state legislatures.

The district clause authorized Congress to create a seat of government through a cession of land "of particular states." Maryland and Virginia ultimately ceded land to Congress to create the District of Columbia.

Historical Background

The need for a permanent seat of government, free from state interference, was evident after 1783. In 1783, soldiers from the Continental Army attacked the Continental Congress. The Continental Congress was then based in Philadelphia. Pennsylvania state and local officials refused to help or protect the Continental Congress. They eventually escaped to New Jersey. This event prompted the drafters to incorporate a clause in the United States Constitution concerning a federal seat of government.

Article I, Section 8, Clause 17:

More specifically, Article I, in Section 8, Clause 17 of the Constitution, grants Congress the following enumerated power:

[The Congress shall have 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 Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings;–And . . .

What Does It Mean?

Congress needed to create a capitol for the new nation, wholly removed from state control. As James Madison recognized in the Federalist No. 43, the federal government needed complete authority "at the seat of government." Although this clause did not identify a specific location for this new district, it did acknowledge the need for "particular states" to cede land to the federal government. Congress also gave itself exclusive jurisdiction over the district.

Congress also set boundaries for the new district in the district clause. It limited the geographic boundaries to ten square miles of land ceded by "particular states." In 1790, Congress passed the Residence Act, giving the president authority to create this new district along the Potomac River.

Ultimately, Maryland and Virginia ceded land to the federal government (Pollard v. Hagan); George Washington chose a site along the Potomac. It is important to note that these states cede barren land to the federal government. Several thousand people automatically became residents of this new District when Virginia and Maryland ceded land.

Analysis and Interpretation

When Congress (House of Representatives and Senate) moved to Washington, D.C. in 1800, they had several tasks ahead of them. In addition to their regular congressional duties, Congress had to govern the people living in this new district. Instead of directly governing the District of Columbia, Congress has used its legislative powers to delegate authority within the District.

In District of Columbia v. Carter, the U.S. Supreme Court recognized that the district clause gives Congress "plenary powers over the District of Columbia and its officers."

Congress has used its plenary powers to do the following:

• Establish the District as a municipal corporation
• Establish a judiciary within the District
• Establish taxes within the District

Establishing a Municipal Corporation

Congress used the Organic Act of 1801 to structure the District of Columbia into different cities, including Washington and Georgetown. Through the subsequent Organic Act of 1871, Congress combined these cities with the County of Washington to create a unified government for the District, which included a municipal council and a General Assembly.

Establishing a Judiciary

Congress also established the Supreme Court of the District of Columbia, which SCOTUS affirmed in Embry v. Palmer.  In Embry, the Court recognized that the Supreme Court of the District of Columbia is a court of the United States, created under Congress' constitutional right under the District clause.

Establishing a System of Taxation

In Loughborough v. Blake, the Supreme Court recognized Congressional power to tax the residents of the District of Columbia. In Loughborough, the plaintiff argued that Congress did not have the authority to tax the residents of the District.

Chief Justice Marshall delivered the Court's opinion, rejecting the plaintiff's argument, noting:

"The 8th section of the 1st article gives to Congress the "power to lay and collect taxes, duties, imposts, and excises" for the purposes thereinafter mentioned. This grant is general, without limitation as to place. It consequently extends to all The 8th section of the 1st article gives to Congress the "power to lay and collect taxes, duties, imposts and excises" for the purposes thereinafter mentioned. This grant is general, without limitation as to place."

Statehood

The issue of statehood within the District of Columbia is intractable. Although its residents are citizens of the United States, they do not enjoy the same rights as their fellow Americans.

Notably, District residents lack representation in Congress. Although they can elect a nonvoting member to the House of Representatives, they cannot elect Senators to represent them in Congress. In fact, until 1964, District residents could not vote for electors in Presidential elections. The ratification of a new constitutional amendment changed that. The Twenty-Third Amendment gave District residents the right to vote in Presidential elections.

In 1973, Congress passed the Home Rule Act.  Under this Act, District residents have the right to elect public officers, namely mayors and city council members. Since that time, Congress has refused to address the issue of statehood.