To do list for Statehood

Robert McCartney considers prospects for statehood in today's Washington Post. This is a good analysis, mainly because it deals with the two main obstacles. Linking those obstacles is what it will take to get this issue moving. If we need prisons and our neighbors fear commuter taxes, than the solution is to work out a deal for all commuter taxes to go to Virginia and Maryland to house our felony convicts, any District mental patients transferred to these states for institutional care and for bridge work on the Potomac and Anacostia rivers (which benefit commuter traffic).

There are two other things DC must do for statehood. The first is to redraw the lines of the residual District of Columbia in HR51. Right now, it includes the entire National Capital Service Area and the military bases in DC. It should not, because there are people who live on those bases who would be entitled to vote under the 23rd Amendment and because locating that area outside the new state would forever lose the leverage of the ability to tax that income (to house our prisoners and asylees). The related task is to have the President appoint an administrator for the National Capital Service Area to work out an annual reimbursement for providing District services to that area - and to pay the District back for all those years when there was no agreement (as required by the Home Rule Act). The candidate who comes out in front on that issue will be considered a hero - and Fenty is a fool for not pursuing this issue 3 years ago (it was discussed in his transition team). Hopefully, Vincent Gray will not be deterred from raising this issue loudly.

The final thing that must happen is for Statehood advocates to get over their pathological fear of discussion retrocession. It is time to include within HR51 language giving Maryland the opportunity to support retrocession or petition for retrocession. Inserting this language defeats the Republican argument that retrocession is the solution to the District's problems. In essence, to put this language in defeats their argument by giving them what they want - consideration of retrocession. Maryland has been long opposed to any such step, so it is an easy give. We could even ask them to consider it now to get the this issue out of the way. Indeed, all of what I have suggested could be done now (with the exception of redrawing the lines of the residual District), before a statehood bill is even considered.

The Myth of White Supremacy Falls to Science

In the past few weeks, it has been revealed that non-African humans have a common genetic heritage with Neanderthals that is not present among those who have never left Africa (where Homo Sapiens evolved). Neanderthal man is a lesser species of Human - of lower intelligence, possibly pre-linguistic and of lesser emotional control with a less developed frontal lobe. This kind of blows the theory of white superiority out of the water. The hybrid is not as strong (watch sports lately?), more prone to violence and uncontrolled emotion, has unsightly body hair and is more prone to skin cancer. Indeed, the whole moral concept of Original Sin may describe the flaws in the character of hybrid humans rather than an endemic part of human nature - although Africa seems to have been infected with it by white colonization.

This should upset the whole basis for white priviledge - or rather should it into the perspective of a permanent inferiority complex which the white race can never live down - but only interbreed itself out of. This would only pollute the master species, of course, with lesser DNA - but it is a better alternative to true homo sapiens engaging in genocide against the rest of the planet (including African Americans, who are also polluted genetically by interbreeding with white slave owners).

What amazes me most is that no one else seems to have raised this point in reaction to the latest scientific news. I say most of this with tongue firmly in cheek - though not entirely. There are still people who regard the white race as God's gift to the planet. The new genetic analysis should prove that this is not the case - that there is no justification by white racists for any such claims when we are, in fact, the product of intermarriage with an inferior species.

The Christian Left: White Racial Superiority Disproven - Our Neanderthal Past

The Christian Left: White Racial Superiority Disproven - Our Neanderthal Past

Gay Marriage and Catholic Charities

The Council of the District of Columbia is in the process of enacting legislation establishing same-sex marriage within its borders. No church is required to celebrate these unions (although undoubtedly, some will), however if they are employers, they must cover gay spouses as if they were straight spouses. The Catholic Archdiocese of Washington has threatened to close up shop on Catholic Charities in D.C. if it must cover these spouses.

There has been quite a bit of blowback on this, with many posting rather nasty things about the Church on the Washington Post blogs on the story. Is it deserved?

Some of it is bigotry, however I think some of it is deserved, since it is a response to bigotry by the Church's leadership.The Church itself is not just the hierarchy. It includes the priests (some of whom are gay - possibly up to half according to survey research) and the people (many of whom have a gay child, sibling, parent or cousin).

I think the underlying reason for the hierarchy's opposition is not because they would have to compromise their beliefs, but because by the District opening up the door on marriage, they will face internal pressure to re-examine the issue - something they are loathe to do.The question of whether the Church is being bigoted should be examined in how it treats heterosexual spouses of those married in non-religious ceremonies. In terms of Church doctrine, these marriages are as illicit as a gay marriage (although, in truth, sacramental marriage results when the people concerned promise fidelity to eachother, not when the priest says the magic words). If the Church really has a problem providing benefits to people in illicit unions, it should object to providing benefits to spouses not married in a Christian ceremony.

Since it does not make such distinctions, and indeed should not be able to do so under law, it stands to reason it should also respect the civil law regarding gay marriage as an employer, and that failure to do so is bigotry.In prior days, Catholics rallied around the Church leaders, even when they were wrong. We don't do that any more, since most of us are a bit more free thinking than we used to be, having utilized Catholic education, including a fine collegiate system.

Sorry, Archbishop Wuerl, but I won't back your play this time. I also will withhold future contributions to Catholic Charities if you do anything to diminish services. I suspect there are other Catholics who will do likewise.

As gay marriage becomes recognized more and more, probably due to an eventual Supreme Court decision affirming the overturning of Proposition 8 in California (since the 9th Circuit will undoubtedly rule against it), many of us will demand that the Church actually celebrate gay unions (which, I suspect, is what the Archbishop is really afraid of).

Election postmortem

As anyone with a television, newspaper or Internet connection knows, Republicans have captured governorships in Virginia and New Jersey, for the first time since the civil war, a progressive candidate has beaten the conservative in the 23rd congressional district of New York, and gay marriage was stopped by referendum in Maine (barely), while medical marijuana was enacted there.

In Virginia, the election was not even close as newly registered young and African American voters stayed home. Even though, at the last minute, the Catholic Church engaged in a full-court press on values issues, primarily abortion, this was not an issue that was highlighted by the winning candidate. Indeed, the Governor of any state has little to say about abortion, since Roe v. Wade quite correctly bars state action on this issue beyond regulating late term abortions (because who is and who is covered under law is quite properly a federal civil rights question under the 14th Amendment and because until someone is given legal recognition, their interests cannot constitutionally be considered by the state - which is why women have a right to privacy in obtaining abortion services in the first trimester until and unless Congress moves the date). Sadly, the voters that stayed home and the Catholics who voted for the Governor-elect will find that his economic policies will not benefit either them or the unborn.

In New Jersey, the result was surprisingly close, given the outgoing Governor's unpopularity. In both cases, the race was not decided on hot button social issues, but rather on the competence of the opponent. There was not victory for values based conservatism in either race. Indeed, in the only race where ideology and values were the focus of the race, the conservative candidate was beaten in a race which should have been an easy Republican victory. While that says as much about the nomination process as the race, it still provides a lesson on what the Republican Party needs to do to stay alive. From what I have heard about conservative preparations for 2010, however, this lesson seems lost on them. In the short run, what NY-23 means is another Democratic vote for health care. It almost makes me hope that this one vote is the margin of victory in the House of Representatives.

The fact that the election was close is actually quite telling. Five years ago, when citizen votes against gay marriage were more common and were largely a reaction to actions by the Mayor of San Francisco when he took constitutional interpretation into his own hands by performing gay weddings, the margins were much bigger. They are steadily growing smaller and as older, more conservative voters "age out," will likely go the other way.

More importantly, they show why it is not good for governments to put individual rights up to a vote. Luckily, the federal constitution can be used - and has been used - to overturn such folly - as it did when Colorado voters passed a constitutional amendment prohibiting gay rights legislation. This amendment was overturned by the federal courts because it was precipitated by malice towards gays and lesbians (such malice is hardly a Catholic virtue - indeed there is nothing in canon law which mandates or even allows legal discrimination against gays and lesbians). These precedents are being used in an effort to overturn California's Proposition 8 and I have every confidence that this challenge will succeed and be applied to all 31 instances where state constitutions were used to define marriage as being between a man and a woman. As I have said elsewhere, this misquote of scripture originates in the Genesis myth (and Catholics do now believe the story is mythical, not factual) and was used by Jesus not to condemn gay marriage but to affirm the equality of women within marriage.

When I was in marriage preparation with my soon to be wife, we were taught that neither the Priest nor the state make the marriage, rather the sacrament is performed by the two people getting married. It is only recognized by the state and witnessed by the Priest (and congregation). I was taught the same thing in Catholic High School. Aside from bigotry and a quaint (and unscientific) view of sexuality by a celibate clergy, I see no reason why this teaching does not apply equally to homosexuals. Indeed, if we wish homosexuals to listen to the Church regarding spiritual matters, we must listen to them when they inform us of how their sexuality occurs to them - especially if we are counseling monogamy. Telling young people that they are disordered leads many of them to suicide and equating promiscuous and monogamous sex leads some to situations where they acquire HIV. To a very real extent, our blood is as much on our hands as when society allows abortion (if not more so).

When (not if) the federal courts mandate gay marriage, I would hope that the Church celebrates them as a comfort to the families, since weddings (unlike marriages) are about the families letting go of their child (or parent) in favor of the new spouse. It is better that this letting go happen in the protective embrace of the Church, which can then use the occasion to counsel monogamy and fidelity in these relationships (which would be countercultural). Opting for gay marriage as a lesser thing actually damages marriage as a concept more than celebrating marriages would. Indeed, domestic partnership is not a good substitute for the Sacrament of Matrimony.

The Maine election also shows that, even if the public does not agree, the elected legislators in "blue states" are coming around to marriage equality. This has implications for when marriage restrictions are overturned by the federal courts. With Nancy Pelosi of San Francisco as Speaker of the House, I cannot foresee any amount of backlash that will lead to a congressionally initiated constitutional amendment overturning such a ruling. Such an amendment could only come by constitutional conventions called by the states. If blue state assemblies cannot be counted on to ratify such an amendment (or even call the convention), there is no stopping marriage equality.

This issue was also important in the Attorney General's race in Virginia. I still find it troubling
that the Attorney General-elect has vowed to fight for the obviously federally unconstitutional amendment to the Virginia Constitution which prohibits legal arrangements which simulate marriage, since he must vow to uphold the federal constitution. Of course, I think the closest he will be able to get to such a defense is joining in an Amicus Curie brief when this issue finally gets to the Supreme Court. I doubt he will even be able to write it (although from what I have heard of his legal skills, I hope he is the one to write it since I do not wish him success in such an endeavor).

Lastly, the easy passage of medical marijuana in Maine is also telling on the general prospects for conservatism. With the sexual revolution, marijuana use was a harbinger of the 60s (which actually began in 1959 in terms of cultural transformation according to a new book on the subject). If conservatism were really on the march, this effort would have failed. As opponents of such measures rightly point out, this is a toehold on general legalization and the end of their war on drug users generally. Just thought I would point that out to take some of the wind out of their sails after last night.

Excerpts from Musings from the Christian Left

Geocities has gone away, so I have moved my essays on DC to this blog. Since posting them on the blog, I have moved them to their original publication date in June 2004. Here are the links to these essays:

DC Finance

Limiting Congressional Power over the District

DC Government

New Columbia Constitutional Questions

Call for a People's Constitutional Convention (this was done before I read the language in HR 51 which required popular adoption of the 1987 Constitution in order for statehood to occur).

Getting a Vote on Voting Rights and Statehood (still suprisingly current)

Racial Justice (reparations and affirmative action - since this was written, Virginia apologized for slavery)

Education, Welfare and Religion

Gay Rights

Professional Sports Teams and the Entertainment Industry (with props to Faith and Jude)

The Christian Left: Gay marriage and the Bishop of Portland, the Virginia AG race and the DC ballot initiative

The Christian Left: Gay marriage and the Bishop of Portland, the Virginia AG race and the DC ballot initiative

Proposed Amended Draft for HR 51 - The New Columbia Statehood and Retrocession Act

A BILL

To provide for the admission of the State of New Columbia into the Union or the Retrocession of the City of Washington to the State of Maryland.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) SHORT TITLE- This Act may be cited as the `New Columbia Admission or Retrocession Act'.

(b) TABLE OF CONTENTS- The table of contents of this Act is as follows:

Sec. 1. Short title; table of contents.

TITLE I--STATE OF NEW COLUMBIA
Subtitle A--Procedures for Admission
Sec. 101. Admission into the union.
Sec. 102. Process for admission or retrocession.
Sec. 103. Election of officials of State.
Sec. 104. Issuance of presidential proclamation.
Subtitle B--Description of New Columbia Territory
Sec. 111. Territories and boundaries of New Columbia.
Sec. 112. Description of District of Columbia after admission of State.
Sec. 113. Continuation of title to lands and property.
Subtitle C--General Provisions Relating to Laws of New Columbia
Sec. 121. Limitation on authority of State to tax Federal property.
Sec. 122. Effect of admission of State on current laws.
Sec. 123. Continuation of judicial proceedings.
Sec. 124. United States nationality.

TITLE II--RESPONSIBILITIES AND INTERESTS OF FEDERAL GOVERNMENT
Sec. 201. Continuation of revised District of Columbia as seat of Federal government.
Sec. 202. Treatment of military lands.
Sec. 203. Payment to State in lieu of tax.
Sec. 204. Waiver of claims to Federal lands and property.
Sec. 205. Preservation of scenic vistas.
Sec. 206. Permitting individuals residing in new seat of government to vote in Federal elections in State of most recent domicile.
Sec. 207. Repeal of law providing for participation of District of Columbia in election of President and Vice-President.
Sec. 208. Expedited consideration of constitutional amendment.
TITLE III--GENERAL PROVISIONS
Sec. 301. General definitions.
Sec. 302. Certification of enactment by president.
Sec. 303. Statehood Transition Commission.

TITLE I--STATE OF NEW COLUMBIA
Subtitle A--Procedures for Admission or Retrocession
SEC. 101. ADMISSION INTO THE UNION.
(a) IN GENERAL- Subject to the provisions of this Act, upon issuance of the proclamation required by section 104(b), the State of New Columbia is declared to be a State of the United States of America, and is declared admitted into the Union on an equal footing with the other States in all respects whatever.
(b) CONSTITUTION OF STATE- The State Constitution shall always be republican in form and shall not be repugnant to the Constitution of the United States and the principles of the Declaration of Independence.
SEC. 102. PROCESS FOR ADMISSION.
(a) APPROVAL BY THE MARYLAND GENERAL ASSEMBLY –
Upon enactment of this legislation, the Governor of Maryland shall convene a special concession of the Maryland General Assembly to consider the permanent cession of those lands originally ceded by it to form the District of Columbia.
(b) APPROVAL OF ADMISSION BY VOTERS OF DISTRICT OF COLUMBIA-
(1) ELECTION PROCEDURES- At an election designated by proclamation of the Mayor, which may be the primary or the general election held pursuant to section 103(a), a general election, or a special election, there shall be submitted to the electors qualified to vote in such election the following propositions for adoption or rejection:
`(A) New Columbia shall immediately be admitted into the Union as a State.
`(B) The proposed Constitution for the State of New Columbia, as adopted by the Council of the District of Columbia pursuant to the Constitution for the State of New Columbia Approval Act of 1987 (D.C. Law 7-8), shall be deemed ratified and shall replace the Constitution for the State of New Columbia ratified on November 2, 1982.
`(C) The boundaries of the State of New Columbia shall be as prescribed in the New Columbia Admission Act.
`(D) All provisions of the New Columbia Admission Act, including provisions reserving rights or powers to the United States and provisions prescribing the terms or conditions of the grants of lands or other property made to the State of New Columbia, are consented to fully by the State and its people.'.
(2) RESPONSIBILITIES OF MAYOR- The Mayor of the District of Columbia is authorized and directed to take such action as may be necessary or appropriate to ensure the submission of such propositions to the people. The return of the votes cast on such propositions shall be made by the election officers directly to the Board of Elections of the District of Columbia, which shall certify the results of the submission to the Mayor. The Mayor shall certify the results of such submission to the President of the United States.
(b) EFFECT OF VOTE-
(1) ADOPTION OF PROPOSITIONS- In the event the propositions described in subsection (a) are adopted in an election under such subsection by a majority of the legal votes cast on such submission--
(A) the State Constitution shall be deemed ratified; and
(B) the President shall issue a proclamation pursuant to section 104.
(2) REJECTION OF PROPOSITION- In the event any one of the propositions described in subsection (a) is not adopted in an election under such subsection by a majority of the legal votes cast on such submission, the provisions of this Act shall cease to be effective.
SEC. 103. ELECTION OF OFFICIALS OF STATE.
(a) ISSUANCE OF PROCLAMATION-
(1) IN GENERAL- Not more than 30 days after receiving certification of the enactment of this Act from the President pursuant to section 302, the Mayor of the District of Columbia shall issue a proclamation for the first elections, subject to the provisions of this section, for two Senators and one Representative in Congress.
(2) SPECIAL RULE FOR ELECTION OF SENATORS- In the election of Senators from the State pursuant to paragraph (1), the 2 Senate offices shall be separately identified and designated, and no person may be a candidate for both offices. No such identification or designation of either of the offices shall refer to or be taken to refer to the terms of such offices, or in any way impair the privilege of the Senate to determine the class to which each of the Senators elected shall be assigned.
(b) RULES FOR CONDUCTING ELECTION-
(1) IN GENERAL- The proclamation of the Mayor issued under subsection (a) shall provide for the holding of a primary election and a general election and at such elections the officers required to be elected as provided in subsection (a) shall be chosen by the qualified electors of the District of Columbia in the manner required by law.
(2) CERTIFICATION OF RETURNS- Election returns shall be made and certified in the manner required by law, except that the Mayor shall also certify the results of such elections to the President of the United States.
(c) ASSUMPTION OF DUTIES- Upon the admission of the State into the Union, the Senators and Representative elected at the election described in subsection (a) shall be entitled to be admitted to seats in Congress and to all the rights and privileges of Senators and Representatives of other States in the Congress of the United States.
(d) TRANSFER OF OFFICES OF MAYOR AND MEMBERS AND CHAIR OF COUNCIL- Upon the admission of the State into the Union, the Mayor, members of the Council, and the Chair of the Council at the time of admission shall be deemed the Governor, members of the House of Delegates, and the President of the House of Delegates of the State, respectively, as provided by the State Constitution and the laws of the State.
(e) CONTINUATION OF AUTHORITY AND DUTIES AND JUDICIAL AND EXECUTIVE OFFICERS- Upon the admission of the State into the Union, members of executive and judicial offices of the District of Columbia shall be deemed members of the respective executive and judicial offices of the State, as provided by the State Constitution and the laws of the State.
(f) SPECIAL RULE FOR HOUSE OF REPRESENTATIVES MEMBERSHIP- The State upon its admission into the Union shall be entitled to one Representative until the taking effect of the next reapportionment, and such Representative shall be in addition to the membership of the House of Representatives as now prescribed by law, except that such temporary increase in the membership shall not operate to either increase or decrease the permanent membership of the House of Representatives or affect the basis of apportionment for the Congress.
SEC. 104. ISSUANCE OF PRESIDENTIAL PROCLAMATION.
(a) IN GENERAL- If the President finds that the propositions set forth in section 102(a) have been duly adopted by the people of the State, the President, upon certification of the returns of the election of the officers required to be elected as provided in section 103(a), shall, not later than 90 days after receiving such certification, issue a proclamation announcing the results of such elections as so ascertained.
(b) ADMISSION OF STATE UPON ISSUANCE OF PROCLAMATION- Upon the issuance of the proclamation by the President under subsection (a), the State shall be deemed admitted into the Union as provided in section 101.
SEC 105. PROCESS FOR RETROCESSION

(a) CONSIDERATION OF RETROCESSION
(1) Should the question section 102(a) fail, the General Assembly shall consider retrocession of the Territory of New Columbia, as described in Section 111. Should this question succeed, a Commission to draft a Charter for the City of Washington shall be constituted according to the Laws of the State of Maryland.
(b) APPROVAL OF ADMISSION BY VOTERS OF DISTRICT OF COLUMBIA-
(1) ELECTION PROCEDURES- At an election designated by proclamation of the Mayor, a general election, or a special election, there shall be submitted to the electors qualified to vote in such election the following proposition for adoption or rejection:
`(A) The City of Washington shall immediately retrocede to the State of Maryland
`(B) The Charter for the City of Washington, as drafted pursuant to the New Columbia Admission or Retrocession Act
`(C) The boundaries of the State of New Columbia shall be as prescribed in the New Columbia Admission Act.
(2) RESPONSIBILITIES OF MAYOR- The Mayor of the District of Columbia is authorized and directed to take such action as may be necessary or appropriate to ensure the submission of such propositions to the people. The return of the votes cast on such propositions shall be made by the election officers directly to the Board of Elections of the District of Columbia, which shall certify the results of the submission to the Mayor. The Mayor shall certify the results of such submission to the Governor of Maryland and the President of the United States.
(b) EFFECT OF VOTE-
(1) ADOPTION OF PROPOSITIONS- In the event the propositions described in subsection (a) are adopted in an election under such subsection by a majority of the legal votes cast on such submission--
(A) the Charter for the City of Washington shall be deemed ratified; and
(B) the President shall issue a proclamation pursuant to section 106.
(2) REJECTION OF PROPOSITION- In the event any one of the propositions described in subsection (a) is not adopted in an election under such subsection by a majority of the legal votes cast on such submission, the provisions of this Act shall cease to be effective.
SEC. 106. ISSUANCE OF PRESIDENTIAL PROCLAMATION.
(a) IN GENERAL- If the President finds that the propositions set forth in section 102(a) have been duly adopted by the people of the State, the President, shall, not later than 90 days after receiving such certification, issue a proclamation announcing the results of such elections as so ascertained.
(b) RETROCESSION TO MARYLAND UPON ISSUANCE OF PROCLAMATION- Upon the issuance of the proclamation by the President under subsection (a), the City of Washington shall be deemed retrocede to Maryland, who shall conduct elections for the officers of the City as provided under the Laws of the State of Maryland.
Subtitle B--Description of New Columbia Territory
SEC. 111. TERRITORIES AND BOUNDARIES OF NEW COLUMBIA.
(a) IN GENERAL- Except as provided in subsection (b), the State shall consist of all of the territory of the District of Columbia as of the date of the enactment of this Act, subject to the results of the technical survey conducted under subsection (c).
(b) EXCLUSION OF PORTION OF DISTRICT OF COLUMBIA REMAINING AS NATIONAL CAPITAL- The territory of the State shall not include the area described in section 112, which shall remain as the District of Columbia for purposes of serving as the seat of the government of the United States.
(c) TECHNICAL SURVEY- Not later than 6 months after the date of the enactment of this Act, the President (in consultation with the Chair of the National Capital Planning Commission) shall conduct a technical survey of the metes and bounds of the District of Columbia and of the territory described in section 112(b).
SEC. 112. DESCRIPTION OF DISTRICT OF COLUMBIA AFTER ADMISSION OF STATE.
(a) IN GENERAL- Subject to the succeeding provisions of this section, after the admission of the State into the Union, the District of Columbia shall consist of the property described in subsection (b) and shall include the Capitol Building, the United States and the legislative office buildings located adjacent to the Capitol Building.
(b) SPECIFIC DESCRIPTION OF METES AND BOUNDS- After the admission of the State into the Union, the specific metes and bounds of the District of Columbia shall be as follows:
Beginning at the point on Third Street Northwest and Constitution Avenue Northwest;
thence east Constitution Avenue Street Northwest to the intersection of Constitution Avenue Northwest and Louisiana Avenue Northwest;
thence northeast on Louisiana Avenue Northwest to North Capitol Street;
thence north on North Capitol Street to Massachusetts Avenue Northwest;
thence southeast on Massachusetts Avenue Northwest to First Street Northeast;
thence south First Street Northeast to C Street Northeast;
thence east on C Street Northeast to Second Street Northeast;
thence south on Second Street Northeast to Constitution Avenue Northeast;
thence west Constitution Avenue Northeast to First Street Northeast;
thence south on First Street Northeast to East Capitol Street Southeast;
thence east on East Capitol Street Southeast to Third Street Southeast;
thence south on Third Street Southeast to Independence Avenue Southeast;
thence west on Independence Avenue Southeast to Second Street Southeast;
thence south on Second Street Southeast to C Street Southeast;
thence west on C Street Southeast to First Street Southeast;
thence south on First Street Southeast to D Street Southeast;
thence west on D Street Southeast to Washington Avenue Southwest;
thence southeast on Washington Avenue Southwest to E Street Southeast;
thence west on E Street Southeast to the intersection of Washington Avenue Southwest and South Capitol Street;
thence northwest on Washington Avenue Southwest to Second Street Southwest;
thence south on Second Street Southwest to Virginia Avenue Southwest;
thence generally west on Virginia Avenue to Third Street Southwest;
thence north on Third Street Southwest to D Street Southwest;
thence east on D Street Southwest to Second Street Southwest;
thence north on Second Street Southwest to Independence Avenue Southwest;
thence west to Third Street Southwest;
thence north to Constitution Avenue Northwest to the point of beginning.
(c) Treatment of Certain Property-
(1) STREETS AND SIDEWALKS BOUNDING AREA- After the admission of the State into the Union, the District of Columbia shall be deemed to include any street (together with any sidewalk thereof) bounding the District of Columbia.
Subtitle C--General Provisions Relating to Laws of New Columbia
SEC. 121. LIMITATION ON AUTHORITY OF STATE TO TAX FEDERAL PROPERTY.
The State may not impose any taxes upon any lands or other property owned or acquired by the United States, except to the extent as Congress may permit.
SEC. 122. EFFECT OF ADMISSION OF STATE ON CURRENT LAWS.
(a) IN GENERAL- The admission of the State into the Union shall not be construed to affect the applicability to the State of any laws in effect in the District of Columbia as of the date of admission, except as modified or changed by this Act or by the State Constitution.
(b) TREATMENT OF FEDERAL LAWS- All of the laws of the United States shall have the same force and effect within the State as elsewhere in the United States, except as such laws may otherwise provide.
SEC. 123. CONTINUATION OF JUDICIAL PROCEEDINGS.
(a) PENDING PROCEEDINGS-
(1) IN GENERAL- No writ, action, indictment, cause, or proceeding pending in any court of the District of Columbia or in the United States District Court for the District of Columbia shall abate by reason of the admission of the State into the Union, but shall be transferred and shall proceed within such appropriate State courts as shall be established under the State Constitution, or shall continue in the United States District Court for the District of Columbia, as the nature of the case may require.
(2) SUCCESSION OF COURTS- The appropriate courts of the State shall be the successors of the courts of the District of Columbia as to all cases arising within the limits embraced within the jurisdiction of such courts, with full power to proceed with such cases, and award mesne or final process therein, and all files, records, indictments, and proceedings relating to any such writ, action, indictment, cause, or proceeding shall be transferred to such appropriate State courts and shall be proceeded with therein in due course of law.
(b) UNFILED PROCEEDINGS BASED ON ACTIONS PRIOR TO ADMISSION- All civil causes of action and all criminal offenses which shall have arisen or been committed prior to the admission of the State into the Union, but as to which no writ, action, indictment, or proceeding shall be pending at the date of such admission, shall be subject to prosecution in the appropriate State courts or in the United States District Court for the District of Columbia in like manner, to the same extent, and with like right of appellate review, as if the State had been admitted and such State courts had been established prior to the accrual of such causes of action or the commission of such offenses.
(c) MAINTENANCE OF RIGHTS TO AND JURISDICTION OVER APPEALS-
(1) CASES DECIDED PRIOR TO ADMISSION- Parties shall have the same rights of appeal from and appellate review of final decisions of the United States District Court for the District of Columbia or the District of Columbia Court of Appeals in any case finally decided prior to the admission of the State into the Union, whether or not an appeal therefrom shall have been perfected prior to such admission. The United States Court of Appeals for the District of Columbia Circuit and the Supreme Court of the United States shall have the same jurisdiction in such cases as by law provided prior to the admission of the State into the Union.
(2) CASES DECIDED AFTER ADMISSION- Parties shall have the same rights of appeal from and appellate review of all orders, judgments, and decrees of the United States District Court for the District of Columbia and of the highest court of the State, as successor to the District of Columbia Court of Appeals, in any case pending at the time of admission of the State into the Union, and the United States Court of Appeals for the District of Columbia Circuit and the Supreme Court of the United States shall have the same jurisdiction therein, as by law provided in any case arising subsequent to the admission of the State into the Union.
(3) ISSUANCE OF SUBSEQUENT MANDATES- Any mandate issued subsequent to the admission of the State shall be to the United States District Court for the District of Columbia or a court of the State, as appropriate.
(d) CONFORMING AMENDMENTS RELATING TO FEDERAL COURTS- Effective upon the admission of the State into the Union--
(1) section 41 of title 28, United States Code, is amended in the second column by inserting `, New Columbia' after `District of Columbia'; and
(2) the first paragraph of section 88 of title 28, United States Code, is amended to read as follows:
`The District of Columbia and the State of New Columbia comprise one judicial district.'.
SEC. 124. UNITED STATES NATIONALITY.
No provision of this Act shall operate to confer United States nationality, to terminate nationality lawfully acquired, or to restore nationality terminated or lost under any law of the United States or under any treaty to which the United States is or was a party.

TITLE II--RESPONSIBILITIES AND INTERESTS OF FEDERAL GOVERNMENT
SEC. 201. CONTINUATION OF REVISED DISTRICT OF COLUMBIA AS SEAT OF FEDERAL GOVERNMENT.
After the admission of the State into the Union, the seat of the Government of the United States shall be the District of Columbia as described in section 112 (also known as `Washington, D.C.').
SEC. 202. TREATMENT OF MILITARY LANDS.
(a) RESERVATION OF FEDERAL AUTHORITY-
(1) IN GENERAL- Subject to paragraph (2) and subsection (b) and notwithstanding the admission of the State into the Union, authority is reserved in the United States for the exercise by Congress of the power of exclusive legislation in all cases whatsoever over such tracts or parcels of land located within the State that, immediately prior to the admission of the State, are controlled or owned by the United States and held for defense or Coast Guard purposes.
(2) LIMITATION ON AUTHORITY- The power of exclusive legislation described in paragraph (1) shall vest and remain in the United States only so long as the particular tract or parcel of land involved is controlled or owned by the United States and used for defense or Coast Guard purposes.
(b) AUTHORITY OF STATE-
(1) IN GENERAL- The reservation of authority in the United States for the exercise by the Congress of the United States of the power of exclusive legislation over military lands under subsection (a) shall not operate to prevent such lands from being a part of the State, or to prevent the State from exercising over or upon such lands, concurrently with the United States, any jurisdiction which it would have in the absence of such reservation of authority and which is consistent with the laws hereafter enacted by Congress pursuant to such reservation of authority.
(2) SERVICE OF PROCESS- The State shall have the right to serve civil or criminal process within such tracts or parcels of land in which the authority of the United States is reserved under subsection (a) in suits or prosecutions for or on account of rights acquired, obligations incurred, or crimes committed within the State but outside of such tracts or parcels of land.
SEC. 203. PAYMENT TO STATE IN LIEU OF TAX.
In order to compensate the State for unavailable tax revenues and other effects on the revenues of the State resulting from the significant presence of the Federal Government within and nearby the State, the United States shall make a payment to the State for each fiscal year in such amount and under such schedule as Congress may determine (taking into account the recommendations of the Statehood Transition Commission under section 303).
SEC. 204. WAIVER OF CLAIMS TO FEDERAL LANDS AND PROPERTY.
(a) IN GENERAL- As a compact with the United States, the State and its people disclaim all right and title to any lands or other property not granted or confirmed to the State or its political subdivisions by or under the authority of this Act, the right or title to which is held by the United States or subject to disposition by the United States.
(b) EFFECT ON CLAIMS AGAINST UNITED STATES-
(1) IN GENERAL- Nothing contained in this Act shall recognize, deny, enlarge, impair, or otherwise affect any claim against the United States, and any such claim shall be governed by applicable laws of the United States.
(2) RULE OF CONSTRUCTION- Nothing in this Act is intended or shall be construed as a finding, interpretation, or construction by the Congress that any applicable law authorizes, establishes, recognizes, or confirms the validity or invalidity of any claim referred to in paragraph (1), and the determination of the applicability or effect of any law to any such claim shall be unaffected by anything in this Act.
SEC. 205. PRESERVATION OF SCENIC VISTAS.
(a) SCENIC EASEMENT- The Secretary of the Interior shall take a scenic easement in the space above all lots within the State (in accordance with such terms and procedures as the Secretary of the Interior may establish, including terms and procedures relating to the payment of compensation towards the value of the easement taken), and such scenic easement shall be reserved by the United States. The scenic easement is described as follows:
(1) GENERAL RULE- Except as otherwise provided in this subsection, the scenic easement shall be in all space above a lot beginning at a height equal to the sum of--
(A) the width of the street, avenue, or highway in front of the lot; and
(B) 20 feet.
(2) PROPERTY ON COMMERCIAL STREET- With respect to a lot on a business street, avenue, or highway, the scenic easement shall be in all space above the lot beginning at a height equal to 130 feet above the sidewalk of the street, avenue, or highway (or, in the case of property on the north side of Pennsylvania Avenue between 1st and 15th Streets Northwest, beginning 160 feet above the sidewalk).
(3) PROPERTY ON RESIDENTIAL STREET- With respect to a lot on a residential street, avenue, or highway, the scenic easement shall be in all space above the lot beginning--
(A) in the case of a lot on a street, avenue, or highway 60 feet wide or less, at a height equal to the width of the street, avenue, or highway;
(B) in the case of a lot on a street, avenue, or highway more than 60 feet but less than 65 feet wide, at a height equal to 60 feet; and
(C) in the case of a lot on any other street, avenue, or highway, at a height equal to the lower of--
(i) the width of the street, avenue, or highway reduced by 10 feet, or
(ii) 90 feet.
(4) TREATMENT OF SPACE OVER CHURCHES- With respect to any lot on a residence street, avenue, or highway upon which a church is located (other than a church whose construction had not been undertaken prior to June 1, 1910), the scenic easement shall be in all space above the lot beginning at a height equal to 95 feet above the level of the adjacent curb.
(5) TREATMENT OF PLAZA OF UNION STATION- With respect to any portion of any lot affronting or abutting the plaza in front of Union Station upon which a building is located (other than a building erected prior to June 1, 1910), the scenic easement shall be in all space above the lot beginning at a height equal to 80 feet above the plaza.
(b) EFFECT OF SCENIC EASEMENT-
(1) NO PHYSICAL STRUCTURES PERMITTED- Except as provided in paragraph (2), no person may encroach upon any space in which the United States has reserved a scenic easement pursuant to subsection (a) with a physical structure.
(2) PERMISSIBLE ENCROACHMENT BY CERTAIN STRUCTURES- Notwithstanding paragraph (1), a person may encroach upon a space in which the United States has reserved a scenic easement pursuant to subsection (a) with any of the following:
(A) A physical structure in existence on the date on which the Secretary of the Interior takes the easement.
(B) A spire, tower, dome, minaret, or pinnacle serving as an architectural embellishment.
(C) A penthouse over an elevator shaft, ventilation shaft, chimney, smokestack, or fire sprinkler tank, but only if--
(i) the structure is not used for human occupancy; and
(ii) the structure is set back from the exterior walls of the building upon which it is located at a distance equal to its height above the building's roof.
(D) An antenna.
(E) Construction equipment.
(F) A flagpole.
(c) RULES FOR INTERPRETING HEIGHTS- In determining the point at which a scenic easement in a lot begins for purposes of subsection (a), the following rules shall apply:
(1) Height shall be measured from the level of the sidewalk opposite the middle of the front of the lot.
(2) Any height otherwise determined under such subsection to be not greater than 60 feet may be increased by the distance between the highest point of any building located on the lot and the portion of any parapet wall or balustrade of the building that extends over such highest point, but in no case may any height be increased pursuant to this paragraph by more than 4 feet.
(3) If a lot (including a corner lot) fronts an intersection of 2 or more streets, avenues, or highways, a height shall be determined by using the width of the widest street, avenue, or highway involved.
(4) In the case of a lot on a street less than 90 feet wide on which building lines have been established, the width of the street shall be deemed to be the distance between the lines.
(d) AUTHORITY OF STATE TO DESIGNATE STREETS- Nothing in this section shall be construed to affect the authority of the State to designate streets, avenues, or highways as commercial or residential.
(e) EFFECTIVE DATE- The Secretary of the Interior shall take the scenic easement described in this section on the day before the State is admitted into the Union. The scenic easement shall be reserved by the United States on the date on which the State is admitted into the Union.
SEC. 206. REPEAL OF LAW PROVIDING FOR PARTICIPATION OF DISTRICT OF COLUMBIA IN ELECTION OF PRESIDENT AND VICE-PRESIDENT.
(a) IN GENERAL- Title 3, United States Code, is amended by striking section 21.
(b) EFFECTIVE DATE- The amendment made by subsection (a) shall take effect upon the date of the admission of the State into the Union, and shall apply to any election of the President and Vice-President of the United States taking place on or after such date.
SEC. 207. EXPEDITED CONSIDERATION OF CONSTITUTIONAL AMENDMENT.
(a) EXERCISE OF RULEMAKING AUTHORITY- This section is enacted by Congress--
(1) as an exercise of the rulemaking power of the Senate and the House of Representatives, respectively, and as such these provisions are deemed a part of the rule of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a joint resolution described in subsection (b), and they supersede other rules only to the extent that they are inconsistent therewith; and
(2) with full recognition of the constitutional right of either House to change the rule (so far as relating to the procedure of that House) at any time, in the same manner and to the same extent as in the case of any other rule of that House.
(b) EXPEDITED CONSIDERATION OF REPEAL OF 23RD AMENDMENT-
(1) MOTION MADE IN ORDER- At any time after the date of the enactment of this Act, it shall be in order in either the House of Representatives or the Senate to offer a motion to proceed to the consideration of a joint resolution proposing an amendment to the Constitution of the United States repealing the 23rd article of amendment to the Constitution.
(2) PROCEDURES RELATING TO MOTION- With respect to the motion described in paragraph (1), the following rules shall apply:
(A) The motion is highly privileged and is not debatable.
(B) An amendment to the motion is not in order, and it is not in order to move to reconsider the vote by which the motion is agreed to or disagreed to.
(C) A motion to postpone shall be decided without debate.

TITLE III--GENERAL PROVISIONS
SEC. 301. GENERAL DEFINITIONS.
In this Act, the following definitions shall apply:
(1) The term `Commission' means the Statehood Transition Commission established under section 303.
(2) The term `Council' means the Council of the District of Columbia.
(3) The term `Governor' means the Governor of the State of New Columbia.
(4) The term `Mayor' means the Mayor of the District of Columbia.
(5) The term `State Constitution' means the constitution of the State of New Columbia, as adopted by the Council of the District of Columbia in the Constitution for the State of New Columbia Approval Act of 1987 (D.C. Law 7-8).
(6) The term `State' means the State of New Columbia.
SEC. 302. CERTIFICATION OF ENACTMENT BY PRESIDENT.
Not more than 60 days after the date of enactment of this Act, the President shall certify such enactment to the Mayor of the District of Columbia.
SEC. 303. STATEHOOD TRANSITION COMMISSION.
(a) ESTABLISHMENT- There is hereby established a Statehood Transition Commission.
(b) COMPOSITION- The Commission shall be composed of 17 members appointed as follows:
(1) 3 members appointed by the President.
(2) 2 members appointed by the Speaker of the House.
(3) 2 members appointed by the Minority Leader of the House of Representatives.
(4) 2 members appointed by the President Pro Tempore of the Senate.
(5) 2 members appointed by the Minority Leader of the Senate.
(6) 3 members appointed by the Mayor of the District of Columbia.
(7) 3 members appointed by the Council of the District of Columbia.
(c) DUTIES-
(1) IN GENERAL- The Commission shall advise the President, the Congress, the Mayor (or, upon the admission of the State into the Union, the Governor), and the Council (or, upon the admission of the State into the Union, the House of Delegates for the State of New Columbia) concerning necessary procedures to effect an orderly transition to statehood for the District of Columbia and other matters relating to the assumption of the property, functions, and activities of the District of Columbia by the State during the first 2 years of the State's existence.
(2) RECOMMENDATIONS REGARDING APPLICABILITY OF LAWS TO NEW SEAT OF GOVERNMENT- In carrying out its duties under paragraph (1), the Commission shall analyze the laws of the United States that will apply to the District of Columbia after the admission of the State into the Union, and shall make recommendations to Congress regarding whether any of these laws should continue to apply to the District of Columbia after the admission of the State.
(3) RECOMMENDATIONS REGARDING ANNUAL PAYMENT IN LIEU OF TAX- In addition to any of its other duties under paragraph (1), not later than 1 year after the date of the enactment of this Act, the Commission shall develop and recommend to Congress a methodology for determining the amount of and schedule for the annual payment to the State required under section 203, and shall base such methodology upon the methodologies used to determine the amount of other payments in lieu of taxes made by the United States to States and units of local government as compensation for the presence of Federal property which may not be taxed by such States and units of local government.

The Christian Left: DC Examiner Blog#links

The Christian Left: DC Examiner Blog#links connects to my new blog on DC Examiner. The latest post is about Labor Day.