30 UNIVERSITY OF THE DISTRICf OF COLUMBIA LAW REVIEWProfessor Raven-Hansen cited to Coyle v. Smith 244 and Permoli v. City of NewOrleans. 245 Professor Cochran said "[t]he answer to this question .. .is fairlystraightforward primarily because there is judicial precedent on this point ... thebinding effect of those 'conditions' may be severely limited or non-existent afterstatehood is achieved ...."246 Professor Raven-Hansen said, "Imposing conditionsprior to admission of a state is tantamount to writing, at least in part, thatstate's constitution.,,247 In sum, all states must be admitted on equal footing. 248The District's population is larger than one state and not that much smaller thanother states. It is in the range of states such as Alaska, Vermont, Wyoming, andNorth Dakota. 249 There is also great potential for population growth. Some thinkthat because the District is largely urban, there is no place for new residents tomove. The facts show this is not the case. 250 In recent years, the District had200,000 more residents than it has now.251 One additional thought, as in theHome Rule Act, Congress could provide that no more than one Senator may beelected from anyone political party, thereby ensuring the election of one non-244 Coyle v. Smith, 221 U.S. 559 (1911).245 Permoli v. City of New Orleans, 44 U.S. 589 (1845).246 Constitutional and Economic Issues Surrounding Statehood for the District of Columbia:Hearing Before the Subcomm. on Fiscal Affairs and Health of the H. Comm. on the District of Columbia,99th Congo (1986) (statement of Prof. Cochran) (citing Permoli V. FIrst Municipality, 44 U.S. 589,594 (1845»247 Id.248 See U.S. CoNST. art. IV, § 3, cl. 1.249 U.S. CENSUS BUREAU, U.S. DEPT. OF COMMERCE, RESIDENT POPULATION OF THE 50STATES, THE DISTRICT OF COLUMBIA, AND PUERTO RICO: CENSUS 2000 (Dec. 28, 2(00), http://www.census.gov/populationlwww/cen2000/maps/filesltab02.pdf The population of the District of Columbiawas 572,059 at the time of the U.S. Census in 2000. Alaska reported 626, 932 residents, North Dakotareported 642, 200 residents, Vermont reported 608, 827 residents, and Wyoming reported 493,782.250 U.S. CENSUS BUREAU, U.S. DEPT. OF COMMERCE. Estimated Daytime PopUlation and Employment-ResidenceRatios: 2000 (2000), http://www.census.gov/populationlsocdemo/daytimel2000/tab01.xls. According to the Census Bureau, the District's daytime population is estimated at 982,853.The influx of over 410,000 workers into Washington on a normal business day comprises a seventytwopercent increase of the capital's normal population. That is the largest increase percentage-wiseof any city studied and the second-largest net increase, behind only New York City. Id.251 U.S. CENSUS BUREAU, U.S. DEPT. OF COMMERCE, DISTRICT OF COLUMBIA: RACE ANDORIGIN 1800-1990 (2002), http://www.census.gov/populationlwww/documentation/twps0056/tab23.pdf.In 1970, the population of the District of Columbia was 756,510 and in 1980, the population was638,333. Id.
TOWARDS EQUAL FOOTING 31Democratic Senator.2 52 The courts upheld that provision. 253 However, manywould find that solution objectionable. 254In November 1967, former U.S. Attorney General Ramsey Clark stated,"[Representation for the District] recognizes that the right to vote is the last weshould ever withhold, because it can protect all others." Echoing that sentimentin June 1970, former Chief Justice of the United States Supreme Court WilliamRehnquist, then the Assistant U.S. Attorney General, stated that "[t]he need foran amendment [providing representation for the District] at this late date in ourhistory is too self-evident for further elaboration; continued denial of voting representationfrom the District of Columbia can no longer be justified.,,255 Additionally,Congressman Walter Fauntroy said, "The 1803 proponents of a return ofvoting rights to the District stated that the disenfranchisement was 'an experimentin how far free men can be reconciled to live without rights.' It is simplytime to end this unfruitful experiment.,,256C. Congress Can Grant Statehood to the District of ColumbiaStatehood is a viable solution for the District of Columbia. Under the DistrictClause, Congress has authority "[t]o exercise exclusive legislation in all caseswhatsoever, over such District. ,,257 Article IV grants Congress the power to admitstates into the Union.258 The creation of a state would give District citizens252 District of Columbia Self-Government and Governmental Reorganization Act, Pub. L. No.93-198, § 401,87 Stat. 774 (1973) (codified as D.C. CODE § 1-221 (1973». The Act provides:(a) [t]here is established a Council of the District of Columbia; and the members of theCouncil shall be elected by the registered qualified electors of the District. (b) (1) [t]heCouncil established under subsection (a) shall consist of thirteen members elected on a partisanbasis. The Chairman and four members shall be elected at large in the District, and eightmembers shall be elected one each from the eight election wards established, from time totime, under the District of Columbia Election Act .... The term of office of the members ofthe Council shall be four years, except as provided in paragraph (3), and shall begin at noonon January 2 of the year following their election. (2) [i]n the case of the first election held forthe office of member of the Council after the effective date of this title [January 2, 1975], notmore than two of the at-large members (excluding the Chairman) shall be nominated by thesame political party. Thereafter, a political party may nominate a number of candidates for theoffice of at-large member of the Council equal to one less than the total number of at-largemembers (excluding the Chairman) to be elected in such election. (emphasis added) [d.253 Hechinger v. Martin. 411 F. Supp. 650, 654-55 (D.D.C. 1976), afrd, 429 U.S. 1030 (1977).254 The people of Washington, D.C. have made their preference clear through votes. See Constitutionfor the State of New Columbia Approval Act of 1987, Act 7-19, D.C. Council (1987).34 D.C.Reg. 3057-3110.255 D.C. VOTE - REPUBLICANS AND D.C. VOTING RIGHTS, http://www.dcvote.org/pdfs/congress/dcvrarepublicans0807.pdf256 Congressman Walter Fauntroy, Preface to IF You FAVOR FREEDOM, supra note 3.257 U.S. CONST. art. 1, § 8, cl. 17.258 U.S. CONST. art. IV, § 3. Congress's power to create states reads: "New States may beadmitted by the Congress into this Union; but no new States shall be formed or erected within theJurisdiction of any other State; nor any State be formed by the Junction of two or more States, or