{"id":31002,"date":"2016-04-04T20:33:41","date_gmt":"2016-04-05T01:33:41","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-legal\/constitution\/article1\/annotation43.html"},"modified":"2024-08-26T20:30:58","modified_gmt":"2024-08-27T01:30:58","slug":"annotation43","status":"publish","type":"constitution","link":"https:\/\/constitution.findlaw.com\/article1\/annotation43.html","title":{"rendered":"The Article I District Clause"},"content":{"rendered":"\n
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The Article I District Clause<\/h1>\n\n
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\n By Melissa McCall, J.D.<\/a> | Legally reviewed by Edward Maggio, Esq.<\/a>\n | Last reviewed\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Before moving to the newly created District of Columbia, the early federal government did not have a permanent home. With land ceded by Virginia and Maryland, respectively, Congress created a new federal district on the Potomac. Since the District of Columbia is not a state, District residents do not enjoy the same rights as residents of other states. <\/p>\n\n <\/div>\n\n\n\n

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.<\/p>\n

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.<\/p>\n

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.<\/p>\n

Historical Background<\/h2>\n

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.<\/p>\n

Article I, Section 8, Clause 17:<\/b><\/h2>\n

More specifically, Article I, in Section 8, Clause 17 of the Constitution, grants Congress the following enumerated power:<\/p>\n

[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;\u2013And . . .<\/i><\/p>\n

What Does It Mean?<\/b><\/h2>\n

Congress needed to create a capitol for the new nation, wholly removed from state control. As James Madison recognized in the Federalist No. 43<\/a>, 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.<\/p>\n

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<\/a>, giving the president authority to create this new district along the Potomac River.<\/p>\n

Ultimately, Maryland and Virginia ceded land to the federal government (Pollard v. Hagan<\/i><\/a>); 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.<\/p>\n

Analysis and Interpretation<\/b><\/h2>\n

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.<\/p>\n

In District of Columbia v. Carter<\/i><\/a>,<\/i> the U.S. Supreme Court recognized that the district clause gives Congress “plenary powers over the District of Columbia and its officers.”<\/p>\n

Congress has used its plenary powers to do the following:<\/p>\n