“Twenty-Third Amendment Problems Confronting District of Columbia Statehood”

I have this piece over at the Harvard Journal of Law & Public Policy‘s new online supplement, Per Curiam. It tracks testimony I gave before the U.S. Senate Homeland Security & Governmental Affairs Committee this summer. It argues that the existing statehood bills pending in Congress fail to adequately address the Twenty-Third Amendment issue–potentially giving a handful of people (including the president and first family) three electoral votes. I’m presently on the less popular end of this legal discussion, so I respond to a few claims that a number of law professors have made (including some bloggers here!) about H.R. 51/S. 51. It may not move anywhere in the Senate in the near future, but I think it’s important to consider how to best fashion legislative solutions pending constitutional repeal.

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