Legal Definitions - Twenty-third Amendment

The Twenty-third Amendment is a change to the United States Constitution, ratified in 1961, that grants residents of Washington, D.C. (the District of Columbia) the right to vote in presidential elections. Before this amendment, D.C. residents, despite being U.S. citizens and paying federal taxes, could not cast ballots for President or Vice President because the District is not a state. This amendment effectively gives D.C. electoral votes in the Electoral College, similar to states, allowing its citizens to participate in choosing the nation's top leaders.

• Example 1: A D.C. Resident Voting

  Imagine a long-time resident of Washington, D.C., named Marcus, who is passionate about national politics. When a presidential election year arrives, Marcus registers to vote and goes to his local polling place to cast his ballot for President and Vice President. His vote, along with those of other D.C. residents, contributes to the District's three electoral votes.

  This illustrates the Twenty-third Amendment in action because, before its ratification, Marcus, despite being a U.S. citizen living in the nation's capital, would not have been able to vote in the presidential election. The amendment directly grants him this fundamental right.

• Example 2: The Electoral College Map

  During a national news broadcast on election night, commentators discuss the Electoral College map, showing how many electoral votes each state has. Alongside the states, Washington, D.C., is listed with three electoral votes. These votes are then awarded to the presidential candidate who wins the popular vote within the District.

  This scenario demonstrates how the Twenty-third Amendment integrates D.C. into the presidential election process. By assigning D.C. electoral votes, the amendment ensures that the voices of its residents are counted in the final tally that determines who becomes President, even though D.C. is not a state.

• Example 3: Debates on D.C. Statehood

  A congressional committee is holding a hearing on the issue of D.C. statehood. Opponents of statehood argue that D.C. already has a voice in presidential elections thanks to the Twenty-third Amendment, which grants it three electoral votes. Proponents, however, counter that while the amendment was a crucial step, it still leaves D.C. residents without voting representation in Congress, unlike citizens in states.

  This example highlights the specific scope of the Twenty-third Amendment. It clarifies that while the amendment addressed the lack of presidential voting rights for D.C. residents, it did not grant them full political equality with states, such as having senators or voting representatives in the House. It shows the amendment as a significant but partial solution to D.C.'s unique political status.