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FBaggins

(28,678 posts)
7. Heavens no... there's MUCH more than that
Wed Mar 24, 2021, 07:23 PM
Mar 2021

DC has its own amendment already (the 23rd) granting it the ability to appoint the number of presidential electors that it would have "if it were a state". Congress can't undo a constitutional amendment by legislation.

Then there's Article IV (sec 3) which prohibits creating a new state out of the territory of an existing state without that state's permission. The land that would become the new state was originally part of Maryland - which only consented to cede it to the new federal district. I wouldn't want to argue to Gorsuch (etc.) that Congress can get around Art IV by having a state first give the land for some other purpose. I suppose that Maryland could be asked to vote again... but I'm not sure how that would go. The NOVA suburbs of DC are incredibly profitable for VA. MD might prefer to get that benefit for themselves.

Article I Section 8 gives Congress exclusive legislative authority over the District "in all cases whatsoever". Can that "all cases" be argued to go away upon some legislative action?

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