Can the SCOTUS undo DC statehood? (user search)
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  Can the SCOTUS undo DC statehood? (search mode)
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Author Topic: Can the SCOTUS undo DC statehood?  (Read 991 times)
The Mikado
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« on: September 28, 2020, 03:46:18 PM »

Yes. It is in fact fairly easy to argue that the Twenty-third Amendment prohibits DC statehood (by permitting DC to do certain things "as if it were a State"; that's the exact wording).

It may be the case that Congress may be able to redefine "the District constituting the seat of Government" by legislation, but a really strong originalist might read Section 1 the way it would've been interpreted in 1961, which refers to a very specific District.

I really think that once DC statehood passes, repealing the 23rd Amendment shouldn't be too difficult. It's not like the GOP has any interest in giving the rump Federal District 3 electoral votes.
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