The District of Columbia’s Chain of Command
Presidential power over the administration of what is known as the District of Columbia comes from the Constitution. In Article I, Section 8, Clause 17, the Founding Fathers wrote (Capitalization is from the original document) –
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 their needful Buildings….
Constitutional scholars will tell you that this clause gave the nascent Federal government the power to acquire land for a seat of government. Eventually, Maryland ceded the land we now call the District of Columbia. These same scholars will also tell you that this clause gives Congress the power to write laws governing the capital district. And, by definition, the courts come under Federal jurisdiction and the person empowered to enforce the law in the District of Columbia is the President of the United States.
Wait you say, didn’t this change with the 23rd Amendment? The answer is sort of…. Clause 1 of the amendment enables the District of Columbia to elect three electors which is the total from the least populous state. Clause 2 gives the Congress to enforce this amendment.
Well, what about home rule? Again, the answer is sort of. The District of Columbia Home Rule Act of 1973 gives the residents of the district the power to elect a city council and a mayor who will run the district. This council has limited power and through the Home Rule Act, Congress specifically retained the power to block any action by the mayor and/or city council. The good news is that residents of the district do not pay state or local taxes.
Does the District have a representative in Congress. Yes. It elects one member to the House of Representative but this individual can participate in hearings, committee votes but cannot vote for passage of any bill.
There is a movement among District of Columbia residents for statehood. This effort has failed because it is a Constitutional one. Until the aforementioned clause in the Constitution is changed, the district will remain under the auspices of the Federal government.
In our governmental system, the District of Columbia is an anomaly. Constitutionally, the Congress makes the laws, the Supreme Court determines if they are constitutional and the President through various agencies, enforces the laws.
The Federal government funds the District of Columbia and the operation of the city, including its police force. Judges are appointed by the president. And, because the Executive Branch of the Federal Government is charged with enforcing Federal law, ultimately law enforcement in the district.
In Section 740 of DC Home Rule Act, titled Emergency Control of Police, it states that if the President “determines an emergency of a special nature exits” he can take control of the DC Metropolitan Police. He needs to give notice to the mayor and can do so only for 30 days without support from the Congress via legislation.
To sum up, like it or not, when you clear away all the chaff, the ultimate responsibility for running the District of Columbia ultimately resides with the President of the U.S.
Image is Pierre Charles L’Enfant’s original drawing for what became Washington D.C. courtesy of the Library of Congress.
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