| United States of America |
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This article is part of the series: |
| Original text of the Constitution |
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| Preamble Articles of the Constitution |
| Amendments to the Constitution |
| Bill of Rights I ∙ II ∙ III ∙ IV ∙ V VI ∙ VII ∙ VIII ∙ IX ∙ X Subsequent Amendments |
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Amendment XXIII was the twenty-third Amendment to the United States Constitution which permits the District of Columbia to choose Electors for President and Vice President. The amendment was proposed by Congress on June 17, 1960, and ratified by the states on March 29, 1961.
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| “ | Section 1. The District constituting the seat of Government of the United States shall appoint in such manner as the Congress may direct:
A number of electors of President and Vice President equal to the whole number of Senators and Representatives in Congress to which the District would be entitled if it were a State, but in no event more than the least populous State; they shall be in addition to those appointed by the States, but they shall be considered, for the purposes of the election of President and Vice President, to be electors appointed by a State; and they shall meet in the District and perform such duties as provided by the twelfth article of amendment. Section 2. The Congress shall have power to enforce this article by appropriate legislation. |
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In 1960, the District had a greater population than thirteen of the fifty states. The District, however, did not have the power to select members of the Electoral College in Presidential elections. This problem was addressed by this amendment. The District of Columbia may now choose, in such a manner as Congress directs, as many Electors as could a state of its population, as each state chooses as many Electors as it has Senators and Representatives in Congress. The District, however, may not in any event choose more Electors than the least populous state. Since Wyoming, the least populous State (with a population of under 500,000 according to the 2000 Census) chooses only three Electors, the District of Columbia is currently limited to a maximum of three Electors. While this limit cost the District one electoral vote in Presidential elections from 1964 through 1980, when the District's population would have otherwise entitled it to four Electors, the population of the District as of the 1980 United States Census, and each United States Census since then, would have entitled it to the three Electoral votes if it were a state.
This amendment does not make the District of Columbia a state and does not grant it representation in the United States Congress. In 1978, Congress proposed an amendment that would have permitted the District of Columbia to choose Electors, Representatives, Senators, and take part in the amendment process (Article V) just like a state. However, that amendment expired by its own terms in 1985, having failed to be ratified by the required three-quarters majority of the states.
Congress proposed the Twenty-third Amendment on June 17, 1960.[1] The following states ratified the amendment:
The amendment was rejected by the following state:
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