Article 1 §8.17 of the Constitution allows Congress to establish a national Capitol. Is that a big deal? I don’t know. But there is an interesting story behind it.

Democracy. It seems boring until it falls apart. That’s why I’m studying the Constitution, one clause at a time. I’m up to Article 1 §8.17.

Article 1 §8.17

Article 1 §8.17 grants Congress the power

To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings;—And

Seat of Government

The language is fairly clear. Congress can work with states to establish a sizable parcel of land to serve as the seat of government. In that space, Congress is the sole governing body. The “and” at the end of the clause is exciting because it indicates there is only one more clause in this endless section.

D.C. residents know there are some inconveniences to not living in a state. Like shoplifting being a federal crime and therefore a felony. (Ok, not exactly. It’s actually quite complicated.) Finding workarounds for Congress’ responsibility over local matters when it’s also responsible for the whole country is a pain. The Framers didn’t appear to give much thought to that issue at the time. But it’s easy to imagine that the Framers wanted a federal territory so that no state got the upper hand over others or the federal government by having a landlord relationship with Congress.

Saving Face

The reality is actually far less noble. The truth is, the Framers were embarrassed and trying to prevent a recurrence. The Annotated Constitution quotes Fiske’s The Critical Period of American History:

The Convention was moved to provide for the creation of a site in which to locate the Capital of the Nation, completely removed from the control of any state, because of the humiliation suffered by the Continental Congress on June 21, 1783. Some eighty soldiers, unpaid and weary, marched on the Congress sitting in Philadelphia, physically threatened and verbally abused the members, and caused the Congress to flee the City when neither municipal nor state authorities would take action to protect the members.

Why DC?

The selection of land for what would eventually become Washington, D.C. is a pretty good story, too. But it’s not really part of the Constitution. Instead, I recommend listening to Hamilton. It may not be entirely accurate, but then, history never is.