Rep. Andrew Clyde (R-GA) is planning to introduce legislation next year that would undo Washington’s local autonomy, instead requiring every local law to be approved by Congress before it can be enacted. Clyde has previously attempted to repeal the D.C.’s Home Rule but those efforts have largely been unsuccessful due to Democratic opposition in the Senate and White House.
But now, with a GOP trifecta heading into the new year, Clyde is looking to try again.
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“When home rule was created in 1973, it was: ‘OK, whatever the city passes is approved and Congress has a limited amount of time to disapprove it,’” Clyde told the Daily Caller. “That’s backwards.”
Although Washington is not a state nor part of one, the district is allowed to operate as an independent local government through the D.C. Home Rule Act, which was enacted in 1973 to give it some control over its own legislative affairs. The only caveat is that all laws are subject to congressional approval before being enacted, giving members of Congress outsize influence over the 68-square-mile jurisdiction.
That caveat was seen in action last year when Clyde introduced a bill to overturn the district’s revised criminal code that was passed by the D.C. Council. The revised code sought to clarify the district’s crime laws and, in some cases, reduce the penalties for violent crimes such as carjackings and homicide.
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That bill ended up passing the House and Senate with bipartisan support, and President Joe Biden signed it into law — marking the first time in 30 years that Congress has repealed a district law passed by the D.C. Council.
But in most cases, Congress chooses not to vote on bills passed by the local government. If lawmakers abstain from doing so, local laws will take effect automatically after 30 days.
However, Clyde wants to change that to have every piece of legislation subject to congressional approval.
“The way it should have been is whatever the city approves, Congress must approve that and it is not approved until Congress approves it. And if Congress does not approve it, then it is disapproved,” Clyde told the outlet. “It’s not approved and Congress has a limited time to disapprove it. It is not approved until Congress approves it because that’s the way the Constitution is written.”
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Some in D.C. were expecting this, particularly on the back of other attempts to rescind Home Rule in the most recent Congress. D.C’s Shadow Senator-elect Ankit Jain told the Washington Examiner, “I think the next two years, the focus is going to be on defending home rule.”
“D.C. will be in the spotlight nationally over the next few years because I do expect the national Republicans to really try to attack us, take away our rights,” he added.