Making DC State #51? It’s Not That Easy

Making DC State #51? It's Not That Easy

( – With racial tensions arguably being the highest they’ve ever been in the country, the Progressive Liberals who control the House have picked this moment to ram legislation through proposing to make the vast majority of Washington DC into another state. It’s obviously another attempt to pander to the Left since they know full well it has the same odds of going any further than the proverbial snowball that resides with the Devil.

The Senate and the President

As anybody who ever watched Schoolhouse Rock knows, in order for a bill to become a law, it must be approved by both chambers of Congress and be signed by the president — or have both houses override a veto. Given the Republicans control both the Senate and the White House, and that it would take a literal miracle for it not to be a Blue State, it’s unlikely to happen.

As long as Senator Mitch McConnell (R-KY) is the majority leader, the most probable outcome is it’ll languish without even making it to a procedural vote. For it to get beyond this first hurdle, the Democrats would need to retake the Senate with a filibuster-proof majority.

The Constitution

The language of the measure, aptly named HR 51, provides for repealing the 23rd Amendment of the Constitution. This is the one saying the district will be “treated” as a state for the purposes of electing the president and vice president.

The problem with that is that the only way to repeal the amendment is to go through the process of adding another one. This must repeal the first through a constitutional convention that can come about in one of two ways:

  • A full two-thirds of both houses of Congress must agree the process is necessary.
  • That same ratio of states petition Congress to call the convention.

Should that highly unlikely event happen, then each state would go through its process of ratification. Three-quarters of the states — or 38 — must approve it for it to become law.

Through the Courts

Without a doubt, Conservatives across the country would launch numerous challenges to the process in the federal courts. There would likely be a two-fold attack. The first being how Section 1, Article 17 of the Constitution and the Organic Act of 1801, combined to establish what defines the nation’s seat of government.

The second is a bit more complex and in and of itself would have two sub-issues. When Virginia and Maryland ceded the land, it was for the purpose of establishing the District of Columbia. The Supreme Court of the United States (SCOTUS) would have to decide if their intent was to make that exclusive use. Depending on how they rule, it could lead to a dispute over the section of the Constitution that says no new state can be built within the borders of existing ones without the approval of legislatures of each.

The creation of the new state is a very complex issue and it can’t be achieved simply by some witch waving a magic wand and declaring it a done deal. In the end, it’s likely to be just another tactic to keep the Progressive Liberal voter base wound up through the November presidential election. And if it’s more than just symbolic on their part, the process will take years if not decades.

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