Things aren’t always so democratic in the capital of this great democracy. We’re not referring to machinations of the “deep state” frustrating popular will. We’re talking about a special sort of self-governance when you don’t live in a state ­— you live in a constitutional concept called the District of Columbia. What this means in practice may surprise many of the 900 new residents the District gains each month. Enjoying the city’s renaissance as a restaurant haven, a magnet for millennials and a cool place to live comes with a price. No vote in Congress? Say, isn’t that taxation without representation? Never mind that the District has a population of 681,000 — more than that of either Vermont or Wyoming. And District residents pay more in federal taxes per capita than residents in any state. Let’s look at how a bill becomes a law, D.C.-style. There are a few extra steps. Take, for example, the Death With Dignity Act, which would make it legal for physicians to prescribe lethal doses of medications to terminally ill patients who are competent to make the request three times over at least two weeks and ingest the drugs themselves. It has been the subject of passionate debate for more than two years — and its fate is still not certain.

STEP 1

Introduce your bill

January 2015: D.C.

Council member Mary M.

Cheh (D-Ward 3) proposes

a medical aid-in-dying bill,

modeled on an Oregon

state law.

STEP 2

Hold hearings

July 2015: The D.C.

Council hears lengthy and

emotional testimony from

advocates for and against

the bill.

October 2016: After a

year of intense lobbying,

the bill squeaks out of

the council’s Committee

on Health and Human

Services on a 3-to-2 vote.

STEP 3

Win final local approval

November 2016: The full

D.C. Council approves

the measure by an

11-to-2 vote.

December 2016: Mayor

Muriel E. Bowser (D) signs

the legislation. In most

jurisdictions, approval

by the legislature and

the executive would be

enough. Not so in the

District. At this point

in the process, the city

couldn’t yet count itself

alongside the six states

that have authorized

physician-assisted

suicide.

STEP 4

Survive scrutiny of

congressional

minders

January 2017: The

mayor’s signature starts

a clock ticking. The bill

is sent to Capitol Hill for

a review period of 30

legislative days, or roughly

two calendar months.

During this window,

Congress has the power

to void District laws.

STEP 5

Face congressional

disapproval

February 2017: The House

Committee on Oversight

and Government Reform

votes 22 to 14 to block

the legislation. But before

the disapproval resolution

can reach the full House

and Senate, time runs out

to cancel the measure via

this route.

STEP 6

Withstand the budget

brawl

February 2017: There

are other ways for

Congress to kill a D.C. bill.

Congressional opponents,

including Rep. Andy

Harris (R-Md.), vow to

curtail the new law during

the upcoming budget

appropriations process.

Congress retains control

over spending of local tax

dollars. Opponents could

seek to block funding for

the law or try to attach a

rider to overturn it.

STEP 7

Carry on anyway

May 2017: With the

threat of congressional

intervention still looming,

the new law took effect

in February. However,

patients will not be able

to avail themselves of

it until the city secures

funding and implements

bureaucratic processes

to meet reporting

requirements under the

law. Addressing these

issues could take until

October.

“I have no interest in

dying. I’m fighting like hell

to stay alive. However,

I don’t want to suffer.”

Susan Fariss, living

with breast cancer,

testifying at a D.C.

Council hearing

July 10, 2015

“Congress uses its

plenary jurisdiction

over the District only

for ideological reasons

when it disagrees with

legislation.”

Del. Eleanor Holmes

Norton (D-D.C.), the

District’s nonvoting

representative in

Congress

Jan. 31, 2017

“Our country should never

facilitate, encourage or

tacitly accept measures

that prematurely end the

lives of its people.”

Rep. Jason Chaffetz

(R-Utah)

Feb. 13, 2017

“We are tired of Congress

playing politics with our

laws and with our city.”

D.C. Council member

Robert White

(D-At Large)

Feb. 13, 2017

“None of the members

of this committee would

stand for congressional

interference in their own

state and local affairs

and none of us should

stand for it in this case.”

Rep. Elijah E. Cummings

(D-Md.)

Feb. 13, 2017

“It is not for us to make a

decision as to a law that

we like or dislike. It’s a

question of whether or not

the District of Columbia

has exceeded its home

rule mandate. And on

that, I come up short of

finding so.”

Rep. Darrell Issa

(R-Calif.)

Feb. 13, 2017

HOW THIS DEMOCRACY-

WITH-AN-ASTERISK

CAME TO BE

1787:

Article I Section 8

of the U.S. Constitution

authorizes Congress

“to exercise exclusive

Legislation in all Cases

whatsoever, over such

District ... as may …

become the Seat of the

Government of the United

States.” The Constitution

grants seats in Congress

only to “states.”

1964:

Residents of the

District can finally vote for

president, since the 23rd

Amendment was ratified.

The city’s three electoral

votes have gone to a

Democrat every time.

1973:

Congress passes

the Home Rule Act,

allowing residents to

elect the mayor and city

council.

1978:

Congress

passes a constitutional

amendment to give the

District representation

in Congress, but by 1985

the measure fails to be

ratified by enough states.

2000:

“Taxation Without

Representation” appears

on D.C. license plates.

2009:

A bill to give the

District a vote in the

House passes the Senate

but stalls in the House in

2010 over D.C. gun laws.

2016:

78 percent of

D.C. voters approve a

referendum calling for a

petition to Congress to

grant statehood.

2017:

Members of

Congress announce plans

to try to repeal the city’s

gun-control laws, bar local

tax dollars from paying for

poor women’s abortions

and block efforts to tax

and regulate sales of

recreational marijuana.

Things aren’t always so democratic in the capital of this great democracy. We’re not referring to machinations of the “deep state” frustrating popular will. We’re talking about a special sort of self-governance when you don’t live in a state ­— you live in a constitutional concept called the District of Columbia. What this means in practice may surprise many of the 900 new residents the District gains each month. Enjoying the city’s renaissance as a restaurant haven, a magnet for millennials and a cool place to live comes with a price. No vote in Congress? Say, isn’t that taxation without representation? Never mind that the District has a population of 681,000 — more than that of either Vermont or Wyoming. And District residents pay more in federal taxes per capita than residents in any state. Let’s look at how a bill becomes a law, D.C.-style. There are a few extra steps. Take, for example, the Death With Dignity Act, which would make it legal for physicians to prescribe lethal doses of medications to terminally ill patients who are competent to make the request three times over at least two weeks and ingest the drugs themselves. It has been the subject of passionate debate for more than two years — and its fate is still not certain.

STEP 1

STEP 2

STEP 3

STEP 4

Introduce your bill

Hold hearings

Win final local approval

Survive scrutiny of

congressional

January 2015: D.C.

November 2016: The full

July 2015: The D.C.

minders

Council member Mary M.

Council hears lengthy and

D.C. Council approves

Cheh (D-Ward 3) proposes

emotional testimony from

the measure by an

January 2017: The

a medical aid-in-dying bill,

advocates for and against

11-to-2 vote.

mayor’s signature starts

modeled on an Oregon

the bill.

a clock ticking. The bill

December 2016: Mayor

state law.

is sent to Capitol Hill for

Muriel E. Bowser (D) signs

October 2016: After a

a review period of 30

year of intense lobbying,

the legislation. In most

legislative days, or roughly

the bill squeaks out of

jurisdictions, approval

two calendar months.

the council’s Committee

by the legislature and

During this window,

on Health and Human

the executive would be

Congress has the power

Services on a 3-to-2 vote.

enough. Not so in the

to void District laws.

District. At this point

in the process, the city

couldn’t yet count itself

alongside the six states

that have authorized

physician-assisted

suicide.

HOW THIS DEMOCRACY-

WITH-AN-ASTERISK

CAME TO BE

1787:

Article I Section 8

of the U.S. Constitution

STEP 5

STEP 6

STEP 7

authorizes Congress

“to exercise exclusive

Face congressional

Withstand the budget

Carry on anyway

Legislation in all Cases

disapproval

brawl

May 2017: With the

whatsoever, over such

threat of congressional

February 2017: The House

February 2017: There

District ... as may …

Committee on Oversight

are other ways for

intervention still looming,

become the Seat of the

and Government Reform

Congress to kill a D.C. bill.

the new law took effect

Government of the United

votes 22 to 14 to block

Congressional opponents,

in February. However,

States.” The Constitution

the legislation. But before

including Rep. Andy

patients will not be able

grants seats in Congress

the disapproval resolution

Harris (R-Md.), vow to

to avail themselves of

only to “states.”

can reach the full House

curtail the new law during

it until the city secures

and Senate, time runs out

the upcoming budget

funding and implements

1964:

Residents of the

to cancel the measure via

appropriations process.

bureaucratic processes

District can finally vote for

this route.

Congress retains control

to meet reporting

president, since the 23rd

over spending of local tax

requirements under the

Amendment was ratified.

dollars. Opponents could

law. Addressing these

The city’s three electoral

seek to block funding for

issues could take until

votes have gone to a

the law or try to attach a

October.

Democrat every time.

rider to overturn it.

1973:

Congress passes

the Home Rule Act,

allowing residents to

elect the mayor and city

council.

1978:

Congress

“I have no interest in

“Our country should never

“Congress uses its

passes a constitutional

dying. I’m fighting like hell

facilitate, encourage or

plenary jurisdiction

amendment to give the

to stay alive. However,

tacitly accept measures

over the District only

District representation

that prematurely end the

for ideological reasons

I don’t want to suffer.”

in Congress, but by 1985

lives of its people.”

when it disagrees with

Susan Fariss, living

the measure fails to be

legislation.”

with breast cancer,

Rep. Jason Chaffetz

ratified by enough states.

testifying at a D.C.

(R-Utah)

Del. Eleanor Holmes

Council hearing

Feb. 13, 2017

Norton (D-D.C.), the

2000:

“Taxation Without

July 10, 2015

District’s nonvoting

Representation” appears

representative in

on D.C. license plates.

Congress

2009:

A bill to give the

Jan. 31, 2017

District a vote in the

House passes the Senate

but stalls in the House in

“We are tired of Congress

“It is not for us to make a

“None of the members

2010 over D.C. gun laws.

of this committee would

playing politics with our

decision as to a law that

stand for congressional

laws and with our city.”

we like or dislike. It’s a

2016:

78 percent of

question of whether or not

interference in their own

D.C. Council member

D.C. voters approve a

the District of Columbia

state and local affairs

Robert White

referendum calling for a

has exceeded its home

and none of us should

(D-At Large)

petition to Congress to

stand for it in this case.”

rule mandate. And on

Feb. 13, 2017

grant statehood.

that, I come up short of

Rep. Elijah E. Cummings

2017:

Members of

finding so.”

(D-Md.)

Congress announce plans

Feb. 13, 2017

Rep. Darrell Issa

to try to repeal the city’s

(R-Calif.)

gun-control laws, bar local

Feb. 13, 2017

tax dollars from paying for

poor women’s abortions

and block efforts to tax

and regulate sales of

recreational marijuana.