Sec. 2. Findings
190 words·~1 min read·
/bill/119/hr/8455/ih/section-2·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Congress finds the following: Article I, section 8, clause 17 of the Constitution known as the Enclave Clause enumerates the power of the Federal Government to exercise exclusive legislation in all cases whatsoever over such District (not exceeding ten miles square) as may, by cession of particular States, and the acceptance of Congress, become the seat of government of the United States . The Constitution does not enumerate authority for the Federal Government to retrocede portions of such a district back to states.
An Act of Congress approved July 16, 1790, ten miles square of territory was accepted from the States of Maryland and Virginia to serve the permanent seat of government subsequently being known as the District of Columbia. Act of Congress approved on July 9, 1846, the portion of the District of Columbia lying south of the Potomac River was ceded back to the State of Virginia in violation of the intent and meaning of the Constitution of the United States. Senator Benjamin Wade of Ohio introduced S. 280 to repeal the 1846 Act of retrocession on April 23, 1866, during the 1st Session of the 39th Congress.