The hearing, at 3 p.m. Monday, will be live streamed online.
WASHINGTON — Two House bills to be voted on this week are threatening Home Rule in D.C., the law that allows the District to self-govern. The Rules Committee will consider the bills in a live-streamed hearing on Monday afternoon.
One bill, from Rep. Elise Stefanik (R-N.Y.), would make pretrial and post-conviction detention mandatory for certain crimes — something experts have said does not lower crime. It would also require mandatory cash bail for certain offenses that pose a threat to public safety.
Native Washingtonian Anthony Petty thinks eliminating cashless bail isn’t a good idea.
“It’s going to put a lot of strain on families and friends trying to come up with bail,” he said, noting that there’s been an increase in incarcerations recently. “A lot of people don’t just have $20,000. They don’t have access. You have to put up a grandmother’s house, or an aunt’s apartment, or car.”
Petty works with the group “Neighbors for Justice” to help formerly incarcerated people re-enter society.
The other, from Rep. Andrew Clyde (R-Ga.), seeks to repeal the Comprehensive Policing and Justice Reform Amendment Act of 2022 in D.C., which increased transparency and tightened rules on force in the aftermath of the police murder of George Floyd.
Bethany Young is the Policy Director for DC Justice Lab. She was a part of the committee that help DC leaders create the reform act.
She’s nervous as she watches Congress debate about a potential repeal.
“It’s hard to watch this happen. We spent 9 months of doing in-depth research,” said Young.
The Act increased transparency and changed department policies after George Floyd was killed by Minneapolis Police in 2020.
The law did things like streamline the process for citizens to file complaints against MPD officers, restricted police chases through the city, and added more non-bias training for officers.
Young says repealing the act would make DC less safe.
“The law did a lot to limit unnecessary and dangerous interactions between members of the department and people,” said Young, “People who have the most expertise and the most to lose should be the ones determining how it happens and that’s not happening.”
Petty agrees – these bills overall infringe upon the District’s Home Rule Act.
“The people in D.C. know what’s best for the people in D.C.,” he explained. “I believe in D.C. autonomy. We have a city council, we have a mayor, and we have a structure in D.C.”
Del. Eleanor Holmes Norton (D-D.C.) pushed back against the two bills in a statement Monday.
“D.C.’s local legislature, the D.C. Council, was elected by D.C. residents. Its members are accountable to D.C. and they are the appropriate elected officials to dictate D.C. laws, not Republican members of Congress representing the interests of far-away districts,” Norton said. “It is paternalistic and condescending for Republican members of Congress to substitute their own judgment for that of D.C.’s local legislature. D.C. residents have all the obligations of American citizenship, including paying federal taxes, serving on juries and registering with the Selective Service, yet Congress denies them full local self-government and voting representation in Congress. They deserve full control of their own local affairs.”
Three of the District’s leaders — Mayor Muriel Bowser, Attorney General Brian Schwalb, and D.C. Council Chair Phil Mendelson — also released a joint statement on the bills, calling for Congress to shoot them down.
“We are united in our forceful opposition to the bills recently advanced by the House Committee on Oversight and Government Reform. These bills are an affront to Home Rule and the principles of democracy and local self-governance on which this country was founded. The District is home to more than 700,000 residents who pay taxes and serve in the military. Like all Americans, they deserve the right to elect local leaders who have the authority to determine the local policies that govern them. We urge members of Congress to reject this unprecedented federal overreach and vote against these bills.”
Tyrell Holcomb, ANC in Ward 7 also released a statement Monday.
“The fact is more undeniable now than it’s ever been, Washington, DC must become the 51st state. We must have full control over its judicial system and secure the same rights as every other state. Currently, Congress can override our local laws, limiting our ability to address police accountability and justice effectively.
We are deeply concerned that the Republican-controlled Congress will continue to block or undo laws aimed at improving police transparency and public safety. This federal interference undermines our city’s autonomy and civil rights.
Statehood is essential to ensure DC can govern itself, protect its residents, and have fair representation free from outside political control.”
It’s not the first time Clyde has pushed for legislation to strip D.C. of its autonomy. In 2022, he called to repeal the Home Rule Act.
Since the 1970s, D.C. has had its own government elected by residents. This was established with Congress passing the Home Rule Act of 1973. It went into effect in 1975 after being signed into law by President Richard Nixon.
The Home Rule Act formed the roles of the city council and the mayor, and allowed D.C. to have some autonomy and pass its own laws.
But here’s the catch — all D.C. legislation must still be approved by Congress.
Unlike states, D.C.’s home rule is established by a simple law, not the Constitution, making it easier to repeal like any other law. If repealed, Congress could essentially abolish D.C.’s government.
Even with the Home Rule Act, the president controls the District’s National Guard and has the authority to federalize the police department. That’s what allowed him to do what he did Monday. If he wanted to completely take over D.C., he would need an act of Congress.
Residents of D.C. also don’t get the same recognition as every other city in America. Because its not a state, D.C. does not have senators or representatives in the House who can vote on the city’s behalf. While the American citizens in D.C. can vote in local and national elections, there’s no opportunity to vote for someone in Congress.