Could D.C. Become the 51st State?

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The Proposal

There has been talk over the past few decades about the possibility of installing Washington D.C. as the 51st state of the United States. While most are unaware, the District of Columbia holds a unique position in America in that it is designated in the U.S. Constitution as the seat of the federal government. Article I, Section 8, Clause 17 states:

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, 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.

The states of Maryland and Virginia agreed to cede land to the federal government as designated in the above clause. The ceded land totaled 100 square miles (a square of ten miles on each side). However, because this 100 square miles would serve as the seat of government, it was decided that it should not be awarded the full status of statehood. The concern was that as the home of the federal government, the District of Columbia might receive more favorable treatment than other states. As a result, the district:

Some promoters of statehood have portrayed D.C.’s lack of representation in Congress as comparable to the taxation without representation argument that was a critical component of separation from England in 1776 (D.C. residents do pay federal taxes). While the discussion over taxation without representation may be considered legitimate, it is reasonable to believe that this is not among the primary concerns for advocates of statehood. In truth, the push for statehood seems to be driven largely by a particularly partisan political agenda.

Members of the Democrat Party in the U.S. House of Representatives and the U.S. Senate are strongly in favor of statehood for the District of Columbia due to the left-leaning tendency of the residents of the city. Historically, residents of Washington D.C. have voted heavily for the Democrat Party when it comes to elections, and this trend is expected to continue well into the future – perhaps indefinitely. Consequently, if Washington D.C. were recognized as a state, the Democrat Party could solidly depend upon the addition of two Democrat Senators and one voting seat in the House of Representatives. (There is also talk of converting Puerto Rico to statehood for the same reasons, providing even more Democrat representation in Congress. Statehood for Puerto Rico will be reviewed in a later article).

The Legislative Process

Any attempt at attaining statehood for Washington D.C. would require following the legislative procedures necessary to make that happen, and this would involve the same onerous steps necessary to pass other pieces of legislation, though such an attempt would be slightly more involved. That is because the Constitution requires that certain land be set aside as the seat of government, and that land cannot be part of a state. Consequently, the piece of land holding the White House, the Capitol Building, and the Supreme Court would likely need to be separated and the balance of the district could be ceded to a new state.

The first step toward statehood would require the introduction of a legislative bill in Congress (either in the House of Representatives or the Senate). This proposal would likely encapsulate the desire of the residents of Washington D.C. to be granted statehood as well as the details of the area of land that would be ceded for the purpose of statehood.

Once introduced, the proposed bill would make its way to the appropriate committee in each chamber for hearings where the pros and cons of the proposed legislation could be debated. Since public backing would be critical for such major legislation, this time would also undoubtedly be used by legislators to gin up public support. Advocates would seek to persuade public opinion to favor statehood while opponents would attempt to influence the public to oppose statehood.

At the conclusion of the hearing(s), members of the committee would vote to decide whether the proposed legislation should be forwarded to the entire legislative body for consideration. If the committee votes in favor, the proposal would go before the entire body for debate. If the committee votes against, the proposal would die in committee. In other words, the bill would not be presented to the entire body for a vote, so it could not become law.

If the committee approves the bill, it would then go before the entire chamber where it would be debated and voted upon. The proposal would need to receive a majority of support in both chambers. If either chamber voted it down, that would be the end of consideration. However, assuming that a majority in both chambers of the legislature approved the proposal, it would then be presented to the president for his approval. At that point the president would have three options.

1. Was established as a self-governing entity subject directly to the oversight of Congress.

2. Was not awarded representation in the Electoral College so residents could not vote in presidential races. The voting privilege for the residents of D.C. was finally awarded with ratification of the 23rd Amendment in 1961.

3. Receives no voting representation in the House of Representatives or the Senate because congressional representation is only awarded to states. However, the district does elect one non-voting representative to the House.

1. The president could sign the bill, giving his approval, and Washington D.C. would be granted statehood.

2. The president could veto the legislation at which point it would require a 2/3 vote of both chambers to override the veto. In this case, the veto would stand since Democrats would be unable to muster the necessary votes to override the veto.

3. The president could simply do nothing in which case, after ten days, the legislation would become law and a new state would be born

Likelihood of Success

Members of the Democrat Party have not been shy when it comes to seeking statehood for the District of Columbia. Indeed, they have made it clear that this is a key component of their legislative agenda if, per chance, they are given the opportunity. On the other hand, for obvious reasons, Republicans oppose the Democrats’ plan to turn D.C. into a state. Consequently, for the Democrats to be successful, they would need to gain a majority in both chambers of Congress.

Some have suggested that the Democrats have an excellent chance of winning a majority in the House of Representatives in November 2026 and the slimmest chance of taking a majority in the Senate. However, in all honesty, at this point in time it seems the Democrats have roughly a 50/50 chance of controlling the House of Representatives this fall. Still, they have virtually no chance of controlling the Senate, There are currently seven Senate seats that are considered toss-ups by pundits and Democrats would need to win at least four of those seats to win a majority in the Senate. Given the locations and candidates in those races, it is safe to say that Republicans have a considerable edge and are highly likely to retain control of the Senate.

If, as unlikely as it seems, Democrats were to win a majority in both chambers of Congress and pass the legislation necessary to grant statehood to Washington D.C., they would still face one insurmountable obstacle. The legislation would require the signature of the president and, with President Trump in the White House until 1929 his veto would undoubtedly kill the legislation.

Conclusion

The debate over statehood for Washington D.C. will surely continue, at least for a while. However, it is safe to say that the only possible chance for this to happen would be for the Democrats to win a majority in both chambers of Congress and put a Democrat president in the White House. For a number of reasons, that seems unlikely to happen in the near future. Consequently, it looks like Washington D.C. will remain simply the seat of the federal government, at least for a while.

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