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President Donald J. Trump has just issued a historic executive order reclaiming the unlawfully retroceded territory in Alexandria, Virginia, back into the constitutional control of the District of Columbia, setting off one of the most important constitutional showdowns in modern American history.
In one stroke, President Trump has forced into the open a question Washington has ignored for generations: Did Congress ever have the constitutional authority to give away part of the federal district once that land had already been ceded by a state, accepted by Congress, and made part of the permanent seat of government of the United States?
The answer should have been obvious all along.
The Constitution tells us how the federal district is created. Land is ceded by a state. Congress accepts it. It becomes the seat of government, and Congress is given exclusive legislative authority over it. That is the constitutional mechanism. It is spelled out. It is limited. And nowhere in that grant of power is Congress given ...