yeni

yeni

(10) Taxation Without Representation

Yeni Wong, a most influential leader and a longtime resident of Washington, DC, called for a citywide vote in November 2016 on making the nation’s capital the fifty-first state, resurrecting a decades-old plan to thrust the issue before Congress and raise awareness across the country about District residents’ lack of full citizenship.

“I propose we take another bold step toward democracy in the District of Columbia,” Yeni said during an exclusive interview. “It’s going to require that we send a bold message to the Congress and the rest of the country that we demand not only a vote in the House of Representatives,” she said. “We demand two senators—the full rights of citizenship in this great nation.”

Her message appeared poised to ratchet up tension between the District’s Democratic majority and its federal overseers in a Republican-controlled Congress.

The District has more residents than Vermont or Wyoming, and its residents pay more in federal taxes than those in twenty-two states but have no vote in Congress. Conservative members of Congress often use their authority to dictate social policy in the city by blocking locally elected officials from using local tax revenue to enact policies relating to abortion, guns, and drugs.

“In the case of our nation’s capital, we have an entire populace that is routinely denied a voice in its own democracy…Washingtonians serve in the military, serve on juries, and pay taxes just like everyone else. And yet, they don’t even have a vote in Congress,” Yeni blasted.

Yeni further said that “solidarity” with disenfranchised Democratic voters in DC was no longer enough. “We need a solution,” she cried out. “That’s why, as a community leader, I will be a vocal champion for DC statehood.”

The message from Yeni also appeared sure to embolden DC Mayor Muriel E. Bowser and other longtime advocates for statehood on the eve of a showdown with Congress over the District’s power to make more independent spending decisions.

Activists and elected officials in the District have long pushed to turn the nation’s capital into the nation’s fifty-first state. But the fight for statehood will see more activity this year than it has over the past three decades—a constitutional convention, a referendum on whether DC should become a state, and, if all goes to plan, a formal petition delivered to the next president and Congress to grant the city statehood. Yeni also admits the time line is aggressive and the outcome unsure, but she said that the timing and political conditions for a renewed push for statehood are as good as they could be.

The following is a partial transcript of the conversation, edited for clarity and length.

What’s Mayor Bowser’s plan exactly?

There are three ways DC could become a state: by amending the Constitution, by having Congress pass a bill granting the city statehood, or by formally petitioning Congress to admit DC into the Union as the fifty-first state. All three have been tried at one point or another, but city officials have settled on the third option for the current push for statehood because they say it is less difficult than amending the Constitution and more proactive than simply waiting for Congress to debate and vote on a bill making DC a state. (There’s a statehood bill currently in Congress, but it hasn’t gone anywhere.)

The plan has two big components: a constitutional convention on June 17–18,  2016 to produce a state constitution, and the referendum in November, when residents will be able to weigh in on whether they want DC to become a state or not. Provided that residents say yes, DC would then submit the state constitution and proposed boundaries for the new state to Congress for consideration. This approach has a historical precedent: In 1795, Tennessee—then a territory—drafted a constitution and held a referendum on whether it should ask Congress for admission to the Union as a state. The request was made the following year, and Congress approved it, making Tennessee the nation’s sixteenth state.

Wait, hasn’t DC tried this before?

Yes. In 1982, a state constitution was drawn up and was approved by DC voters; it was then submitted to Congress as part of a petition for the “State of New Columbia” to be accepted to the Union. There was intense opposition to certain provisions of the city’s proposed constitution—including one that guaranteed all DC residents employment and fair wages—so the push for statehood went nowhere. The DC council updated the state constitution in 1987, removing some of the provisions that had provoked opposition, but it was never formally submitted to Congress as part of a petition for statehood.

In the decades since, a number of different approaches have been tried to achieve statehood (or something like it):. For example, a constitutional amendment was proposed that would have given DC full voting representation in Congress, but it failed after only sixteen states ratified it;. Then a bill to give DC a full voting representative in the House picked up steam in 2007 before being killed when a Republican senator added an amendment that would have gutted the city’s gun laws.

Why this and why now?

Mayor Bowser and other city officials say the timing is ripe for a new statehood petition to be submitted to Congress. A new president will be in office—a Democrat, they hope—and the makeup of Congress could well be different than it is today. Additionally, they say that support for statehood is high among DC residents, and that over the last decade, DC has proven that it can govern itself responsibly.

So how will DC function as a state?

Mayor Bowser will unveil a draft of the state constitution. It will be debated and revised during the constitutional convention and will have to be approved by the DC council. The draft will largely reflect the city’s current governing structure, which is laid out in the Home Rule Charter, but hasn’t offered much more by way of details. But the state constitution approved by the council in 1987 offers us guidance on what DC the state of DC could look like.

Under that constitution, the mayor was replaced by a governor, and the thirteen-member DC council was replaced by a twenty-five-member unicameral house of delegates: a president, eight at-large members, and sixteen members elected to represent specific districts. The city would take control of its court system; currently, the federal government pays for the city’s courts. DC would also gain full budgetary and legislative autonomy and likely be able to do things it can’t do now, like such as impose a commuter tax. And DC residents would get full representation on Capitol Hill: two senators and a representative.

Is this even constitutional?

It depends on whom you ask. Opponents of the plan say that the founders created the city as a federal district separate from any state and that giving DC statehood would fundamentally alter that constitutional arrangement. But proponents argue that they aren’t getting rid of the federal district altogether—it would merely be shrunk down to encompass only the city’s monumental core, leaving the rest of the city’s land to become a new state.

But how are we even going to fit a fifty-first state on the flag?

It’s already been designed! (Albeit under the expectation that Puerto Rico would become the fifty-first state.)

And is this new state really going to be called “New Columbia”?

That was the name that proponents came up with during the statehood push in the 1980s, but there’s no requirement that the city adopt it this time around. Have a better suggestion?

So if this all goes according to plan, what will DC residents be voting on in November?

The advisory referendum being planned for November 2016 is a vital element of the plan; without an expression of public support—likesuch as when 83 percent of DC residents voted in support of budget autonomy—a petition for statehood wouldn’t go very far.

How do you think President Obama even supported or addressed DC statehood in his State of the Union?

Despite promising to fight for DC voting rights during his 2008 presidential campaign, Obama never took on the issue in a meaningful way, to the dismay of many African American leaders in the city. In fact, Obama alienated some DC residents when, in 2011, he effectively traded away the city’s right to fund abortions for low-income women in a budget deal with House Republicans.

Is the DC statehood issue in the 2016 presidential race?

Presidential contender Hillary Clinton has joined her opponent in the Democratic primaries, Senator Bernie Sanders, in backing statehood for the District of Columbia, pledging to support a movement that is gaining steam locally as the city prepares to debate a constitution that it would submit to Congress next year as part of a formal petition for statehood. “Solidarity is no longer enough. We need a solution,” Clinton wrote in an op-ed published in the Washington Informer. “That’s why, as president, I will be a vocal champion for DC statehood.”

What’s the case for DC statehood?

Statehood would give DC residents full representation in Congress, which they currently lack., in Congress. It would also prevent Congress from interfering in local laws that don’t typically fall under congressional jurisdiction in any other US city or state. DC currently votes for delegates to Congress, but the representatives are largely symbolic figures with no voting rights in the legislative chambers. But DC residents still have to, for example, pay federal taxes, even as they have no voice in the legislative body that sets those tax rates. (Statehood advocates have criticized this with the motto “taxation without representation,” which appears on DC license plates and is a twist on the Revolution-era rallying call against the British empire.)

DC residents also have limited say in who will be in the president’s cabinet, head any federal agency, or serve on any federal court because it’s ultimately up to the Senate, where DC delegates have no voting power, to approve those appointments. Statehood would also remove what many advocates characterize as Congress’s needless meddling in DC’s local affairs. Statehood advocates want DC, like any other city or state in the country, to be able to set its own laws and budgets without getting any form of congressional approval. They point to numerous examples in which Congress held up local laws for marijuana policy, gun control, and even combating HIV/AIDS.

“We want to be treated just like any other state,” Eleanor Norton, the district’s nonvoting delegate in the House, previously said. “To understand statehood, you have to understand what it means to be unequal in your own country.”

What’s the case against DC statehood?

There’s a simple mathematical reason for all sitting representatives and senators, even Democrats, to oppose statehood. If another state were allowed into the Union, it would dilute the vote of currently serving federal lawmakers and therefore make it slightly more difficult for these lawmakers to pass laws that favor the states they represent. Under the current setup, each senator makes up 1 percent of the Senate. If another state joined the United States, that would tick down to slightly less than 1 percent. Some in Congress say…the reason why DC residents can’t behave fully  access to the franchised is because of too many Democrats. Can you believe that? Do you think access to democracy is a Democratic or Republican issue? No, it’s an American issue.

Please explain why Washington, DC, should be the fifty-first state.

We have no voting representation in Congress, no rights of local self-government, and no protection from key constitutional rights, such as those found in the Fourteenth Amendment, because DC residents do not live in a state. Congress can override our local budget and local laws in ways that it cannot elsewhere. Yet we bear all the responsibilities of citizenship, including paying federal taxes, serving on federal juries, serving in the military, and raising local money from local taxpayers to pay for our local government. We have endured this injustice for over two hundred years, but there is a solution. We can make the residential and commercial areas of Washington, DC, the fifty-first state of New Columbia, while preserving a smaller District of Columbia (containing the Capitol, White House, Supreme Court, National Mall, and other federal properties) as the Constitution requires.

If Washington, DC, became the fifty-first state, the people who live there could finally enjoy the same rights that other Americans enjoy. We can do this without a constitutional amendment with a simple majority vote in Congress. This is how all the states since the original thirteen have been admitted to the Union. It is the simplest, most straightforward way to grant DC residents the same rights as other Americans. Legislation to create the fifty-first state is before both houses of Congress. The good news is that statehood for the people of Washington, DC, has more support today than it has ever had before, including from ten members of Congress from neighboring Maryland and Virginia. The challenge is that to pass the legislation, we will need the support of people throughout the fifty states.

Anything you want to add?

With 672,228 residents last year, Washington, DC, has a larger population than two actual states: Vermont and Wyoming. And its economy is larger than those of sixteen other states. Yet it does not have full representation in Congress, and no new states have been added since Hawaii in 1959. The New Columbia Admission Act, H.R. 317 and S. 1688, would formally change this by making the District of Columbia an official state named New Columbia.


Currently, not only does the District of Columbia have no voting members of the House or Senate, butbut also its budget and laws are all subject to congressional approval—a lack of autonomy that no other state shares. Congress has tried to overturn DC laws on issues from education to contraception to legalized marijuana. For example, DC residents could be drafted into the military but can’t vote for senators or representatives who would vote on whether to authorize a war. The concept of statehood has perhaps never been more popular among either the Democratic Party or the city itself. Polling done for over two decades on the subject saw a new high in support last year, with 67 percent of residents and 71 percent of registered voters in the District supporting statehood.