Georgia Rep. Rich McCormick (R) introduced legislation on Wednesday aimed at turning Virginia red by offloading liberal jurisdictions back onto the District of Columbia.
D.C. was established in 1790 through the Residence Act on 100 square miles of land ceded by Virginia and Maryland to the federal government. In 1846, however, Congress passed a law retroceding “and forever relinquish[ing]” present-day Arlington County and the City of Alexandria to Old Dominion, thereby limiting D.C. to the Maryland side of the Potomac.
‘Democrats have spent years manipulating maps and boundaries to rig elections.’
McCormick cast doubt on the legality of the 1846 retrocession, noting in a release that “Article I, Section 8, Clause 17 of the U.S. Constitution, commonly referred to as the Enclave Clause, grants Congress authority over a federal district ‘not exceeding ten miles square’ made up of territory ceded by state governments to serve as the seat of government. The Constitution does not enumerate any power to retrocede such territories back to state governments.”
The congressman is hardly the first to question the legality of the retrocession.
Radical Republican Sen. Benjamin Wade of Ohio introduced a bill in April 1866 that would have nullified the retrocession. Wade asserted that all jurisdiction over the once-ceded territory was “vested in Congress, whose duty it was then, and forever after, to preserve unviolated and free from all control whatsoever, save that of Congress.”
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Nearly a decade later, the U.S. Supreme Court broached the question of the retrocession’s legality in Phillips v. Payne without, however, ruling on its validity.
McCormick maintains that the retrocession of Arlington and Alexandria “has warped the system since then” as evidenced by the recent Virginia redistricting referendum.
Virginia voted on Tuesday in favor of adopting gerrymandered congressional maps.
If the gerrymandering campaign ultimately proves successful — a Tazewell Circuit Court judge blocked the state on Wednesday from certifying the results of the vote, and the Virginia Supreme Court is set to weigh in on the referendum’s legality next week — then 10 out of the state’s 11 congressional seats are all but guaranteed to go to Democrats.
McCormick noted, however, that by dumping Arlington County and Alexandria inside D.C.’s borders — along with their estimated 250,000 “votes that belong to Washington DC” — the political dynamic will dramatically shift in Virginia.
The City of Alexandria voted overwhelmingly in favor on Tuesday — 78.89% to 21.11% — of allowing the General Assembly to adopt the gerrymandered congressional maps. It was the same story in Arlington County, where 79.9% of voters supported the proposed constitutional amendment to adopt the gerrymandered maps.
“Democrats have spent years manipulating maps and boundaries to rig elections,” said the congressman. “The Make DC Square Again Act restores the original ten-mile-square District and ends the artificial advantage Virginia Democrats have recently gained from all the federal bureaucrats moving into Virginia.”
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