Congress has no authority to confer statehood on the District of Columbia

By Publius Huldah

Under Article IV, Sec. 3, US Constitution, Congress has the power to admit new States into the Union.

For a list of States and when admitted, see this wiki list.

Note that the new States were “colonies” or “territories” – or as with Vermont and Texas, “independent Republics” – before they were admitted into the Union as “States”. That is highly significant.

The District of Columbia has an existing constitutional status as “the Seat of the Government of the United States” – see Article I, Section 8, next to last clause, US Constitution.

In order to change the constitutional status of the District of Columbia from the “seat of government of the United States” to a “State”, Article I, Section 8, next to last clause, must be amended pursuant to Article V, U.S. Constitution.

Any pretended Act of Congress which purports to confer statehood on the District of Columbia would be totally and blatantly unconstitutional.

June 26, 2020 - Posted by Publius Huldah | Article IV Sec. 3, District of Columbia, Statehood for the District of Columbia | Article IV Sec. 3, District of Columbia, Statehood for the District of Columbia

50 Comments »

Looks like this is one step closer. House passed! When will people wake up?

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Comment by Blake | April 23, 2021 | Reply
- If history is any guide, they will wake up when it is too late.
  
  Too many Americans are still pretending that we can fix this Congress in the next election.
  
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  Comment by Publius Huldah | April 23, 2021 | Reply
There is a big misconception about the pre-tribulation rapture. It will save Christians (the world over) from the wrath of GOD, not the wrath of man. The wrath of man will continue to bring slaughter to believers, and that may well include American Christians. The wrath of God is unimaginable, but it is coming.

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Comment by Kathy McCall | June 27, 2020 | Reply
- yes, I see that the Judgment of God upon this Country is coming.
  We sure do deserve it.
  
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  Comment by Publius Huldah | June 27, 2020 | Reply
Reblogged this on Liberty & Freedom.

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Comment by JOHN HUME | June 27, 2020 | Reply
Yes, thank you. I knew this long ago. For me, this only demonstrates the ignorance of any congress rep th

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Comment by Gonzalezbeitiaf@bellsouth.net | June 27, 2020 | Reply
The Democrat representatives do not believe in the Constitution and if they have their way it will be done away with and the USA will also disappear as they lead us into a one world communist style government. Anyone who votes Democrat is not only ignorant of their plan but is plain stupid.

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Comment by John Watson | June 27, 2020 | Reply
- yes, and the RINOs are just as bad. They – who get their orders from the Council on Foreign Relations – are literally moving us into one world government as fast as they can – and Trump is leading them into it. See this article and read the links: https://publiushuldah.wordpress.com/2019/12/13/usmca-trade-agreement-the-north-american-union-an-article-v-convention-and-red-flag-laws-connecting-the-dots/
  The political parties – both of them – have been a curse on this Country. It’s just one Party with only superficial differences.
  
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  Comment by Publius Huldah | June 27, 2020 | Reply
If the states of Virginia and Maryland donated the land which would comprise the District of Columbia, would they have any claim in so far as an alteration of the agreement which they made to donate land for the purpose of establishing an independent capital of the Federal government. I don’t think their intent was to create a new state at all. Article IV section3 would seem to imply that their consent would have to be gained as well as that of Congress to make the alteration.

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Comment by waldland | June 26, 2020 | Reply
- The Status of the District of Columbia is set by Article I, Section 8, next to last clause, US Constitution.
  Not by what was the intent of those who owned the territory before it became the Seat of the government of the United States.
  It’s really simple!
  
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  Comment by Publius Huldah | June 27, 2020 | Reply
  - Then please explain why anyone thought it necessary to cede the Alexandria portion of the original designated District BACK to the state of Virginia in 1846. This seems to imply that if the residents want status of citizenship as part of ANY state, the original donor state might have a claim. And if not, then I suppose Article IV section 3 of the Constitution on the establishment of new states would apply: ” nothing in this Constitution shall be construed as to Prejudice any claims of the United States, or of any particular State” – ( Maryland).
    
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    Comment by waldland | June 27, 2020 | Reply
    - I don’t understand your point!
      
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      Comment by Publius Huldah | June 27, 2020 | Reply
      - My point is that this is a unique case and that if portions of states wishing to be declared states of their own had to be approved by both Congress and the original state itself why would that not apply to the District of Columbia which apparently has decided to yield its status as the seat of the federal government and declare itself a state? I’m having a hard time imagining that it could be both the independent seat of the federal government AND a state at the same time, so I’m bringing together in the only fashion I know, both how the district was created, how it gave away part of its territory to Virginia, and how states generally are supposed to be formed. This to me is not satisfying since the unique character of the District of Columbia seems to be being done away with in a rush to give the Democrats two more Senators. If DC becomes a state how will Congress fulfill its constitutional duty to “exercise exclusive Legislation in all Cases whatsoever, over such District”? Wouldn’t that produce a conflict between tow legislative bodies and shouldn’t any change in that matter be NOT part of the legislative power of Congress, but require a Constitutional amendment?
        
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        Comment by waldland | June 27, 2020
      - Now, I understand your question! Thank you for clarifying it.
        
        Cast your mind back to the time of our Declaration of Independence. 13 Colonies which had belonged to the Crown of England, declared themselves to be Free and Independent States. In the Treaty of Paris (1783), the United States obtained from England the Northwest Territory [a vast expanse of Land]. When our Framers drafted our Constitution, they contemplated that those States which had signed the Articles of Confederation would also ratify the new Constitution – AND they contemplated that the Northwest Territory would eventually be broken up into separate States. So the Constitution had to make provision for admitting these new States.
        
        The original 13 States were admitted into the Union on the dates they ratified the Constitution of 1787. The other States were admitted by Act of Congress on the dates set forth in this Chart: https://en.wikipedia.org/wiki/List_of_U.S._states_by_date_of_admission_to_the_Union
        Article IV, Sec. 3, US Constitution, made provision for conferring statehood on these States to be added in the future. It would apply if California breaks up into separate States [as some have been seeking to achieve].
        
        So Article IV, Sec.3 doesn’t apply to the District of Columbia. The District of Columbia’s unique status is DEFINED BY OUR CONSTITUTION to be “the seat of the government of the United States”. Congress can’t change that constitutional status by making a Law conferring Statehood on the District of Columbia. To make the District a State, Art. I, Sec.8, next to last clause, US Constitution, would have to be amended.
        
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        Comment by Publius Huldah | June 28, 2020
Just listened to Fox News in which they, the Democrats, passed a resolution in the House to make Washington D.C. the 51st State. Didn’t they take an oath to protect and defend the Constitution of the United States. It’s not just Maxine Waters, but all the dems in the House. Everyone of those dems that voted for this resolution should be recalled.

Art. I, Section 8, Clause 17 gives the Federal Government “exclusive jurisdiction” over 10 sq. miles. Just how is this “exclusive jurisdiction” going to be separated from the 51st State’s functions without giving this 51st State more power than the other 50. Won’t this also diminish the freedoms of all citizens in all the other states?

There is a good side to all of this. It shows the Nation just how ignorant the dems are and that the citizens should vote them out of office. Good fuel for campaign ads for Republicans, Independents and Libertarians running against any democrat.

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Comment by Douglas Smith | June 26, 2020 | Reply
- one would think that such is fodder for great campaign ads against Democrat incumbents in the US House. BUT! How many Republican congressmen or Republicans challenging incumbent Democrats understand why DC statehood is unconstitutional? How many care?
  
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  Comment by Publius Huldah | June 26, 2020 | Reply
  - good point. Even if we could get rid of all of them we would still be in the same situation with those that fill the empty seats.
    
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    Comment by Douglas Smith | June 26, 2020 | Reply
Just wondering, if DC could be considered as part of Maryland for voting purposes. Maryland would assign house districts and DC voters would vote for senators from Maryland. Would this pass Constitutional muster?
Bob

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Comment by Bob | June 26, 2020 | Reply
- No! What you propose would also be monstrously unconstitutional. Where does the Constitution authorize residents of the D of C to vote for US Senators or US Representatives?
  
  Not until the 23rd Amendment [foolishly ratified by the States during 1961] did the District of Columbia obtain constitutional authority to appoint electors to select the President & VP of the United States.
  
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  Comment by Publius Huldah | June 26, 2020 | Reply
Under the Articles of Confederation there was no permanent seat for the Congress and the President. Angry mobs, dissatisfied with Congress, would chase them out of town. Make Washington D.C. a state of the Union and where would the Congress, President and his Cabinet and the Supreme Court meet? Puerto Rico?? Yah. Right. They would certainly be chased out of town especially if there was a Republican majority.

Maxine Waters is a classic example of the dumbing down of America. Since the Feds took over the educational systems in the states, through the Department of Education, the Constitutions (state and Federal) have not been taught. Nor has morality and ethics. Can you say “conspiracy”?

Look at what is happening in Democratically controlled cities and states. I work at a major fire arms retail sales store and everyday we have long lines of people wanting background checks so they can purchase a firearm. If the Dems aren’t careful things could get out of hand.

People are resistant to change. An abrupt change and people rise up but, if you incrementally change a little bit by bit, slowly over time, people will not realize a 180 degree shift until its too late,

Seventy to eighty years of incrementalization has given us the likes of ChucK Schumer, Nancy Pelosi, Adam Shiff and of course the darling of the Democratic Party, Maxine Waters. Nee I say more?

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Comment by Douglas Smith | June 26, 2020 | Reply
- Incrementalization and the demoralization of the American people.
  
  for some reason, your comment went to spam. Normally, I don’t see the valid comments in my spam folder [I get tons of spam every day – so I delete it without looking because so much of it is filthy stuff.
  
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  Comment by Publius Huldah | June 26, 2020 | Reply
  - I was wondering what happened to it.
    
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    Comment by Douglas Smith | June 26, 2020 | Reply
    - email me and ask me to check my spam folder if it happens again: publiushuldah@gmail.com
      
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      Comment by Publius Huldah | June 27, 2020 | Reply
But will this stop them? They’re already planning on cheating one of their own into the White House. Congress is still in Obama mode.

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Comment by marlene | June 26, 2020 | Reply
- My post by itself won’t stop Congress. But people can read it and share it and hopefully put some spine in the Republicans in the Senate.
  
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  Comment by Publius Huldah | June 26, 2020 | Reply
  - Your posts on Article V con-con stopped a lot of people from believing it was a good thing. I receiving the most responses to my sharing them than on any other topic. I keep your articles in a special folder and pull them out periodically to share them again, and again. Will do the same for this one. You are still the most important expert on our Constitution that I trust. Every time a new constitutional issue arises, I think “I’ll wait for Publius Hulduh’s take on this then expose the heck out of it – lol.
    
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    Comment by marlene | June 26, 2020 | Reply
    - Well, you are the sweetest woman ever. But don’t wait for others to ask the question – you can ask it and I’ll answer it.
      
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      Comment by Publius Huldah | June 26, 2020 | Reply
      - Thank you. The future of our country, and of my grandchildren. depends on people like you. God bless you.
        
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        Comment by marlene | June 26, 2020
With the Supreme Court we have today and the rest of the court system it seems that nothing the left wants is unconstitutional. They make up all the laws they want us to follow.

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Comment by Lyle Liesner | June 26, 2020 | Reply
- True. BUT Ezekiel Chapter 2 requires me to warn Americans of this – and all the other dangers I see.
  
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  Comment by Publius Huldah | June 26, 2020 | Reply
Notice how the Left never accepts defeat. They sidestep the ‘temporary’ setback and attack from the other three sides. They are determined to win the war even when the lose a battle here and there. Too bad the Right is not as determined to same America. We always seem to be responding to them and on defense…usually a day late.

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Comment by Mike Foil | June 26, 2020 | Reply
- Why should the “right” worry? They think they are going to be “raptured” out of here before the SHTF [too bad God didn’t send the “rapture” in time for the people in other countries who are being tortured and murdered by the muslims – so apparently the pre-tribulation “rapture” is just for Americans]; OR they believe that this is all part of “The Plan” Q writes about and tells us we must “trust”.
  
  And then the rest of the Right don’t understand what the alternative is to what the hard left is now doing to America! I’ve been writing about this for years – the “right” is blown here & there by winds the progressives blow because the “right” have nothing to stand on except feel good symbols such as the Flag and the Pledge of Allegiance and “being nice”. Trump is the epitome of a President who lacks any kind of compass to guide him – that’s why he doesn’t oppose the globalists; why he says, “the Supreme Court has ruled, we must go along with it”. https://publiushuldah.wordpress.com/2012/01/28/why-republican-politicians-sell-us-out/
  
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  Comment by Publius Huldah | June 26, 2020 | Reply
  - The Swamp gets most everyone dirty if they swim there long enough. We cannot look to our government to save us from tribulation and SCOTUS sure is not the solution. The ‘fix’ must come from the people and the people will not fix this without a major shift in the hearts and minds. Currently, we are seeing the results of a shift, but in the wrong direction. Lawlessness is rewarded and celebrated. The Constitution and the rule of law are ridiculed. We have surrendered the minds of the next couple of generations to the Leftists and their agenda, with some exceptions. Many young people do not respect their elders and sure do not plan to listen to them and learn from them. So, the opportunity to save them from their own destructive ways must come from either their peers or from the work of the Holy Spirit changing their hearts.
    
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    Comment by Mike Foil | June 26, 2020 | Reply
    - Amen! A thousand Amens!
      
      The reason I fight all the time to stop an Article V convention is to try to get more time for that change of heart and mind to take place. If we get a new Constitution which disarms us or which moves us into the North American Union, there won’t be time for that change of heart and mind to occur. The UN is building a global militarized police force…..
      
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      Comment by Publius Huldah | June 26, 2020 | Reply
      - Thank you for ALL of your work over the years. As someone above stated, you are the source I trust most on these issues. God bless you, PH!
        
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        Comment by Mike Foil | June 26, 2020
  - Many Muslim countries were previously Christian, and I don’t see how this is the fault of the United States or how it negates biblical prophecy concerning the rapture. The rapture will remove Christians from suffering God’s righteous wrath during the tribulation. This is literally what “being saved” means and what gives us the urgency to tell others to put their trust in Jesus who, while we were in rebellion, justified us before God. Knowing prophecy exposes the demonic plan to form a one-world government and religion.
    
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    Comment by Fannie | June 27, 2020 | Reply
    - The “pre-tribulation rapture” doctrine some AMERICAN Christians love so much is just to protect THEM from tribulation! They believe THEY will be raptured out of here before the SHTF.
      
      So I’m asking, “do you really believe that there is a “pre-tribulation rapture” just for American Christians? So that American Christians won’t have to suffer the crucifixions, etc., Christians in Africa and the other Muslim countries have suffered?
      
      The Bible certainly doesn’t teach this. and I marvel that this hasn’t occurred to American “pre-tribulation rapture” theorists. Why would God “rapture” them out of here to protect them from suffering when He hasn’t does this to Christians in Muslim Countries?
      
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      Comment by Publius Huldah | June 27, 2020 | Reply
      - I have never heard of the idea that the rapture is just for Americans, and I am retired full-time church staff. Christian persecution in the world in this age is because we live in a fallen world ruled by the father of lies. I think the teaching you are referring to is that the United States is not found in End Times prophecy, which means it will have been destroyed or defeated. American Christians who believe in Kingdom Now theology cannot accept this. God bless, and I will continue to point others to your work.
        
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        Comment by Fannie | June 27, 2020
      - My point is this: Why isn’t the “pre-trib rapture” coming in time to rescue the Christians in China, Africa, the Middle East? The Christians in those Countries are our Brothers and Sisters in Christ.
        
        So how can Americans believe that they will be raptured out of here to escape the mess when our Brothers & Sisters in other Countries are having to face the horrible persecutions?
        
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        Comment by Publius Huldah | June 27, 2020
      - It was the late Dr. Tim LaHaye, founder of the Pre-Trib Study Group and co-author of the Left Behind series, who influenced Jerry Falwell to start the Moral Majority. It’s a falsehood that pre-trib believers have no concern about politics and our culture. But by the looks of things, we have lost the culture war.
        
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        Comment by Fannie | June 27, 2020
      - There are mid-Trib and post-Trib believers who believe they will be here to fight the Antichrist if the Tribulation begins in their lifetimes. This teaching grossly distorts the gospel.
        
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        Comment by Fannie | June 27, 2020
      - Don’t John’s letters show us that there have been many “anti-Christs” and that they had already appeared during his lifetime?
        
        An “anti-christ” is anyone who denies that Jesus is the Christ and that He came to Earth in the flesh.
        
        John’s letters are short and very clear on this point. No other Book in the Bible use the Greek term, “anti-Christ”.
        
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        Comment by Publius Huldah | June 27, 2020
      - The fourth beast shall be the fourth kingdom upon earth, which shall be diverse from all kingdoms, and shall devour the whole earth, and shall tread it down, and break it in pieces. Daniel 7:23
        John also wrote the Book of Revelation. Satan doesn’t know when Christ will return either, so in every generation he always has a candidate for the Antichrist at the ready.
        
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        Comment by Fannie | June 27, 2020
      - How do you reconcile what you said with John’s letters?
        
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        Comment by Publius Huldah | June 27, 2020
      - An amazing coincidence for us in that Dr. Andy Woods spoke on specifically this yesterday. You will enjoy his clear teaching because he has degrees in both divinity and law.
        
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        Comment by Fannie | June 29, 2020
I guess this is another reason they, those, them want an article v convention?

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Comment by Greg Schueler | June 26, 2020 | Reply
- Those behind the push for an Article V Convention want a new Constitution for this Country.
  
  I don’t know if that’s what those idiots in Congress want. It is scary to see such stupidity.
  
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  Comment by Publius Huldah | June 26, 2020 | Reply
Your words are GOLDEN. Thank you !

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Comment by Dan Duma | June 26, 2020 | Reply
Someone needs to conduct some classes on the Constitution for these brain trusts in DC. I couldn’t believe it when I heard Mad Maxine. I quickly went to fb to declare her a constitutional ignoramus.KarenSent from my Verizon, Samsung Galaxy smartphone

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Comment by Karen Bracken | June 26, 2020 | Reply
- When proposing new laws, Congress used to have a policy that the bill had to include a section explaining how it was Constitutional. I’m not sure exactly when they removed that requirement, but they definitely need to bring it back so they don’t waste everyone’s time with obviously unconstitutional nonsense. We all recall Nancy’s condescending response when she was asked if (obviously unconstitutional) Obamacare was constitutional.
  
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  Comment by technoaesthete | June 26, 2020 | Reply