District of Columbia home rule

However, Congress maintains the power to overturn local laws and exercises greater oversight of the district than exists for any U.S. state.

[2] 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.

[3] 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 StatesThe 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.

"[2] 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.

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.

The election of President William Henry Harrison, who was favorable to residents of the District, assured that the proposed bill would not become law.

In 1861, as the first step toward political consolidation, those three bodies were granted shared authority over the new Metropolitan Police Department, founded to enforce the law throughout the District.

[19] In the same Organic Act, Congress created a territorial government which consisted of a legislative assembly with an upper house composed of eleven council members appointed by the President and a 22-member house of delegates elected by the people,[11] as well as an appointed Board of Public Works charged with modernizing the district.

In 1873, President Ulysses S. Grant appointed the board's most influential member, Alexander Robey Shepherd, to the new post of governor.

In 1967, President Lyndon Johnson presented to Congress a plan to reorganize the District's government designed by David Carliner.

[22] All council members, and either the mayor-commissioner or his assistant, were required to have been residents of the District of Columbia for the three years preceding appointment.

[23] Council members had the quasi-legislative powers of the former Board of Commissioners, approving the budget and setting real estate tax rates.

[26] On December 24, 1973, Congress enacted the District of Columbia Home Rule Act, providing for a popularly elected mayor and 13-member Council.

ANCs traditionally wield a great deal of influence, and the district government routinely considers their suggestions carefully.

[32] The Government Accountability Office and other organizations have estimated that these revenue restrictions create a structural deficit in the district's budget of anywhere between $470 million and over $1 billion per year.

[32][33][34] While Congress typically provides larger grants to the District for federal programs such as Medicaid and the local justice system, analysts claim that the payments do not resolve the imbalance.

[41] The President of the United States appoints the district's local judges from a group of nominees selected by a judicial nomination commission.

[42] The local Attorney General of the District of Columbia only has jurisdiction in civil proceedings and prosecuting minor offenses such as misdemeanors and traffic violations.

[43] The United States Attorney for the District of Columbia is also appointed by the President and is responsible for prosecuting both federal and local felony crimes, such as robbery, murder, aggravated assault, grand theft, and arson.

The D.C. district attorney would be elected and have jurisdiction over all local criminal cases, streamlining prosecution and making the justice system more accountable to residents.

It can also pass legislation for the district without approval from residents or the local government and even revoke the home rule charter altogether.

However, when confronted by hot-button political issues such as the death penalty, gun control, or gay marriage, members of Congress are often pressured to cast votes consistent with the beliefs of their constituents, regardless of the law's effect on the district.

Bilbo, an unapologetic racist, used the appointment to extend segregationist policies among the District's increasingly African American population.

Most notable was the prohibition on spending funds to enact the Health Care Benefits Expansion Act of 1992, which extended health benefits to registered domestic partners in the district,[48] and prohibiting the expenditure of funds to lobby for greater representation in Congress.

As part of the restructuring arrangement, the appointed members of the Financial Control Board had the authority to approve all district spending; however, Congress also agreed to provide more funding for federally mandated programs such as Medicaid.

These proposals generally involve either limiting oversight or allowing the state of Maryland take back the land it ceded to form the District.

While maintaining its authority over the District, several legislative proposals have been made for Congress to restrain the degree of oversight significantly.

[64] If both the Congress and the Maryland state legislature agreed, jurisdiction over the District of Columbia could be returned to Maryland, possibly excluding a small tract of land immediately surrounding the United States Capitol, the White House, and the Supreme Court building.

Potential obstacles to retrocession include the need for approval by the State of Maryland[66] and the preference of many District residents for independent statehood.