It’s definitely a peripheral story to the overall House adoption of CRomnibus, but one provision which was passed in the bill prohibited the District of Columbia from enacting a recently-passed district referendum allowing the decriminalization of marijuana. Because the District isn’t one of the 50 states, Andy Harris remarked that the supporters of the law could leave. As quoted in Politico:
“That’s the way the Constitution was written,” Rep. Andy Harris of Maryland said in an interview Wednesday. “If they don’t like that oversight, move outside of the federal district to one of the 50 states that is not covered by the jurisdiction of Congress as a whole.”
Needless to say, Harris’s Facebook page is littered with protests – not about his vote on the overall CRomnibus, which he voted in favor of – but about the vote against pot, presumably from District residents who didn’t care for his vote and claim he’s in the pocket of Big Pharma. Ironically, most of these comments are on a post alerting constituents to the opportunity for public comment on fee increases at Assateague National Seashore.
Yet this re-ignited a thought I’ve had before – one which wouldn’t necessarily make Republicans happy, but one which I think would more truly reflect the intent of our Constitution. In Article 1, Section 8 it established one of the duties of Congress as:
To exercise exclusive legislation in all cases whatsoever, over such District (not exceeding ten miles square) as may, by cessation of particular states, and the acceptance of Congress, become the seat of government of the United States…
The key is the portion in parentheses, While the District was originally laid out as the maximum ten miles square, carved out of Maryland and Virginia, the Virginia portion was retroceded to the commonwealth in 1847. But since many government functions exist outside the District, the question becomes one of whether the District in its current form has outlived its usefulness. For decades denizens of the District have griped about “taxation without representation.”
Because the Constitution only dictates a maximum size and not a minimum size, perhaps the solution lies in retroceding all but the immediate seats and symbols of government – the White House, the Capitol, the National Mall, and various memorials – back to the state of Maryland, with the city of Washington having the same status with its Maryland affairs as does Baltimore City. Instead of a half-million or so, living in the District would only apply to a handful of citizens. This could be made effective in 2020 so there would be time for transition and Congressional and local representation could be redetermined for the somewhat larger state of Maryland. The effect would be similar to the Vatican City as part of the overall city of Rome.
Naturally Republicans in Maryland and nationally would be dismayed because the advantage in voter registration and representation already enjoyed by Maryland Democrats would be enhanced. But if we want to make the pot-smokers happy that they aren’t under the control of Congress – which really shouldn’t be concerned about the affairs of a city of a half-million in a population of over 300 million – perhaps this is the better solution.
It’s a better solution than making the District the 51st state, as some have wanted, or simply giving in and elevating their status by allowing them a House member and two Senators. The intent was creating the seat of government, not a state which would be placed above others by virtue of being the national capital. While we’ve ignored the Constitution numerous times over the nation’s history, here’s a chance to restore the intent of the Founders.
Update: I should mention that Harris gave his side of the marijuana story in the Washington Post today.