Reading Room Document

Views on Legislation Making the District of Columbia a Congressional District

The District of Columbia Voting Rights Act of 2009 is unconstitutional. Congress may not by statute give the District of Columbia voting representation in the House. The District of Columbia is not a "State" within the meaning of the Composition Clause, which governs the membership of the House of Representatives. The District Clause gives Congress broad power to legislate for the District, but it does not permit Congress to override the prescriptions of the Composition Clause. The OLC does not provide release dates for its opinions, so the release date listed is the date on which the opinion was authored. The original opinion is available at www.justice.gov/olc/file/2009-02-25-dc-house-olc/download.

February 25, 2009