Friday, April 20, 2007

House Approves a Voting Seat for D.C

An excerpt from the Washington Post article on this:

The bill's supporters argued that the District deserves full House representation because its residents pay taxes and serve in the U.S. military. They said a D.C. seat could be created under constitutional provisions giving Congress sweeping powers over the District.

This is true, Congress does have sweeping powers over the district since it is a Federal district. However, the problem is that the Constitution - specifically Article I, Section 2 is pretty clear about Congress members being from states.

So, while fair-minded, the current bill is likely unConstitutional and will get bitch-slapped if it ever comes up at SCOTUS.

There are, however, three ways this could be legally addressed in my mind.

  • A Constitutional amendment. This was already tried and failed.
  • A referrendum on statehood in D.C. It is passed Congress could admit DC as a new state with Congressional and Senate representation. A little shaky on Constitutional grounds since D.C. is not a territory but likely acceptable.
  • Recede D.C. back to Maryland whereupon Maryland gains a couple of new congressional districts. But this, too, would probably require a Constitutional amendment.

But creating a bill because it's "right" and having the Dems prance around in voting rights marches demanding fairness cannt be allowed to usurp the Constitution with good intentions.

Do it the right way, Congress. You're exceeding your authority here. Another one for the veto pen.

2 comments:

Garrett said...

I vote Constitutional amendment. The other two would seriously mess up the language in the Constitution about the Federal District, where an amendment stating that the District would have representation in the Senate and/or House would not.

When was it "tried and failed", and what language was used at that time? I hadn't heard much about this until it started being debated in this Congress...

Gonzo said...

There was an Amendment proposed in 1978. It proposed making DC a state.

After I posted this, I heard another idea: Leave DC a special district but make the citizens part of Maryland for all intents and purposes.