District of Columbia home rule is the District of Columbia residents' ability to govern their local affairs. As the federal capital, the Constitution grants the United States Congress exclusive jurisdiction over the District in "all cases whatsoever".
Before 1874 and since 1973, Congress has allowed certain powers of government to be carried out by locally elected officials. However, Congress maintains the power to overturn local laws and exercises greater oversight of the district than exists for any U.S. state. Furthermore, the District's elected government exists at the pleasure of Congress and could theoretically be revoked at any time.
A separate yet related controversy is the District's lack of voting representation in Congress. The district's unique status creates a situation where District of Columbia residents have neither complete control over their local government nor voting representation in the body with complete control.
In 2015, Washington, D.C. became a member of the Unrepresented Nations and Peoples Organization.
Constitutional provisions
James Madison explained the need for a federal district on January 23, 1788, in the Federalist No. 43, arguing that the national capital needed to be distinct from the states, in order to provide for its own maintenance and safety. An attack on the Congress at Philadelphia by a mob of angry soldiers, known as the Pennsylvania Mutiny of 1783, had emphasized the need for the government to see to its own security. Therefore, the authority to establish a federal capital was provided in Article I, Section 8 of the United States Constitution, which states that Congress shall have the power:
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
The phrase "exclusive legislation in all Cases whatsoever" has been interpreted to mean that Congress is the ultimate authority over the District, thereby limiting local self-government by the District of Columbia's residents. However, the Founding Fathers envisioned that Congress would devolve some of this power to the local level. For example, Madison stated in the Federalist No. 43 that "a municipal legislature for local purposes, derived from their own suffrages, will of course be allowed them."
History of self-government
On July 16, 1790, the Residence Act provided for a new permanent capital to be located on the Potomac River, the exact area to be selected by President Washington. As permitted by the U.S. Constitution, the initial shape of the federal district was a square, measuring on each side, totaling . The Residence Act also provided for the selection of a three-member board of commissioners, appointed by the President, charged with overseeing the construction of the new capital.
Two other incorporated cities that predated the establishment of the District were also included within the new federal territory: Georgetown, founded in 1751, and the City of Alexandria, Virginia, founded in 1749. A new "federal city" called the City of Washington was under construction, partly habitable, on the north bank of the Potomac, to the east of the established settlement at Georgetown.
The Organic Act of 1801 officially organized the District of Columbia and placed the entire federal district under the exclusive control of Congress.
At its formation, the District consisted of five political subdivisions: the three cities of Washington, Georgetown, and Alexandria, and the unincorporated rural sections organized into two counties: Washington County, D.C. to the east of the Potomac and the Alexandria County, D.C. to the west. It included all of the present Arlington County plus part of what is now the independent city of Alexandria. The respective laws of Maryland and Virginia were declared still in force.
In 1802, the board of commissioners was disbanded, and the City of Washington was officially incorporated. The city's incorporation allowed for a local municipal government consisting of a mayor appointed by the President and two branches of a city council, popularly elected. The local colonial-era governments of Georgetown and Alexandria were also left intact. As such, the citizens of Georgetown retained their popularly elected mayor, as did the City of Alexandria. In 1812, the council was given the power to elect the mayor of the City of Washington. In 1820, the Congress granted the City of Washington a new charter, which allowed for a mayor popularly elected by voters.