District of Columbia Home Rule Act explained
| Shorttitle: | District of Columbia Self-Government and Governmental Reorganization Act |
| Othershorttitles: | District of Columbia Home Rule Act |
| Longtitle: | To reorganize the governmental structure of the District of Columbia, to provide a charter for local government in the District of Columbia subject to acceptance by a majority of the registered qualified electors in the District of Columbia, to delegate certain legislative powers to the local government, to implement certain recommendations of the Commission on the Organization of the Government of the District of Columbia, and for other purposes. |
| Enacted By: | 93rd |
| Leghisturl: | http://beta.congress.gov/bill/93rd-congress/senate-bill/1435/actions |
| Introducedin: | Senate |
| Introducedbill: | S.1435 |
| Introducedby: | Thomas Eagleton (D–MO) |
| Introduceddate: | April 2, 1973 |
| Committees: | Senate Committee on the District of Columbia |
| Passedbody1: | Senate |
| Passeddate1: | July 10, 1973 |
| Passedvote1: | 69-17 |
| Passedbody2: | House |
| Passeddate2: | October 10, 1973 |
| Passedvote2: | Voice vote |
| Conferencedate: | December 6, 1973 |
| Passedbody3: | House |
| Passeddate3: | December 17, 1973 |
| Passedvote3: | 272-74 |
| Passedbody4: | Senate |
| Passeddate4: | December 19, 1973 |
| Passedvote4: | 77-13 |
| Signedpresident: | Richard Nixon |
| Signeddate: | December 24, 1973 |
The District of Columbia Home Rule Act is a United States federal law passed on December 24, 1973, which devolved certain congressional powers of the District of Columbia to local government, furthering District of Columbia home rule. In particular, it includes the District Charter (also called the Home Rule Charter), which provides for an elected mayor and the Council of the District of Columbia. The council is composed of a chair elected at large and twelve members, four of whom are elected at large, and one from each of the District's eight wards. Council members are elected to four-year terms.
Under the "Home Rule" government, Congress reviews all legislation passed by the council before it can become law and retains authority over the District's budget. Also, the President appoints the District's judges, and the District still has no voting representation in Congress. Because of these and other limitations on local government, many citizens of the District continue to lobby for greater autonomy, such as complete statehood.
The Home Rule Act specifically prohibits the council from enacting certain laws that, among other restrictions, would:[1]
Laws blocked by Congress
The Home Rule Act allows Congress to block any laws passed by the D.C. council. Since its enactment, Congress has exercised this power several times.[2]
- In 1988, Congress voted to block D.C. from expending local funds to cover abortion services through Medicaid. This was repealed in 2009 but then reinstated in 2011.
- Passed by the D.C. Council in 1992, the Health Care Benefits Expansion Act allowed both gay and straight couples to register as domestic partners, allowing familial recognition for such things as hospital visits and allowing the partners of D.C. government employees to purchase private health insurance, was blocked by Congress. The act was finally allowed to go into effect in 2001.[3]
- In 1996, the D.C. Council passed a clean needle exchange program law. However, in 1998, Congress voted to block the law.[4] [5] In 2007, Congress voted to lift the ban, thus allowing the law to go into effect.[6]
- In 1998, Congress voted to block Initiative 59 – Legalization of Marijuana for Medical Treatment Initiative of 1998 – via the Barr amendment. This also caused the result of the referendum to be withheld.[7] When this was challenged in court, it was determined that withholding the result of the referendum violated the First Amendment. In response to this, another amendment was passed in 2000 that simply overturned Initiative 59. In 2009, Congress voted to overturn the ban on Initiative 59, allowing D.C.'s medical marijuana law to go into effect,[8] [9] with the first medical marijuana sale occurring in 2013.[10]
- In 2014, Congress voted to block Initiative 71 – Legalization of Possession of Minimal Amounts of Marijuana for Personal Use Act of 2014 – by blocking funds from being used to enact laws, rules or regulations for reducing or legalizing any Schedule I drug.[11] However, since this was passed after the results of Initiative 71 had already been announced, it did not prevent the legalization of marijuana, but had the effect of leaving marijuana legal, but without the authority to expend funds on enacting regulations or taxation.[12] [13] [14]
- In 2023, Congress voted in favor of H.J.Res.26 to block the Revised Criminal Code Act of 2022.[15] [16] DC's Revised Criminal Code Act of 2022 would have re-worked criminal justice policies in the District of Columbia. It would have also eliminated mandatory minimum sentences for many crimes. It would have also reduced the maximum penalties for many crimes like burglary, carjacking, and robbery.[17]
External links
Notes and References
- Web site: Title VI: Reservation of Congressional Authority. District of Columbia Home Rule Act. 3 March 2012.
- News: Ending Congressional Interference. 2015-07-31. DCVote. 2017-05-24. en.
- Web site: ACT UP DC: Congress blocks DC clean needle exchange, medical marijuana again. www.glaa.org. 2017-05-24.
- News: CITY BLOCKS NEEDLE EXCHANGE EFFORT. Goldstein. Avram. 1998-12-02. The Washington Post. 2017-05-24. Goldstein. Avram. en-US. 0190-8286.
- News: Letter to the House on Needle Exchange in D.C. Appropriations Bill. American Civil Liberties Union. 2017-05-24. en.
- News: Washington D.C. Is Proof That Needle Exchanges Save Lives. Almendrala. Anna. 2015-09-03. Huffington Post. 2017-05-24. en-US.
- News: Democracy Held Hostage. American Civil Liberties Union. 2017-05-24. en.
- News: Congress Lifts Ban on Medical Marijuana for Nation's Capitol. Americans for Safe Access. 2017-05-24. en.
- News: D.C. Medical Marijuana Law Clears Congressional Hurdle! - MPP Blog. Project. Marijuana Policy. 2010-07-27. MPP Blog. 2017-05-24. en-US.
- Web site: First Medical Marijuana Sale Reported in Washington, DC. Director. Erik Altieri, NORML Executive. 2013-07-30. NORML Blog, Marijuana Law Reform. 2017-05-24.
- News: House Committee Votes to Block D.C. Marijuana Laws.
- News: Frequently Asked Questions on Implementing D.C.'s Marijuana Legalization Initiative. 2014-12-12. Congresswoman Eleanor Holmes Norton. 2017-05-24. en.
- News: Marijuana Is About to Be Legal — and Virtually Unregulated — in Washington, DC VICE News. VICE News. 2017-05-24. en-US.
- News: How D.C. pot legalization has become 'the dealer-protection act of 2015'. Washington Post. 2017-05-24.
- Web site: Horowitch . Rose . Biden signs measure to repeal controversial D.C. crime bill . 2023-03-24 . www.nbcnews.com . March 21, 2023 . en.
- Web site: 24 March 2023 . H.J.Res.26 . Library of Congress.
- Web site: 2023-03-08 . Senate votes to block DC crime laws, Biden supportive . 2023-03-24 . AP NEWS . en.
