Sixteen months ago, we discussed the Congressional bill to provide Washington, D.C. with one Representative in the House and give Utah an additional Representative (to balance the power). Sixteen months later, I have the same disagreements with the bill.
Today, out of all of the world’s democracies, there is only one national capital without full voting rights: this city full of monuments to democracy. – Steny Hoyer
The residents of Washington, D.C. currently do not have representation rights in either the House or the Senate. According to the U.S. Constitution:
The House of Representatives shall be composed of Members chosen every second Year by the People of the several States, and the Electors in each State shall have the Qualifications requisite for Electors of the most numerous Branch of the State Legislature. – Article I, Section 2
With this qualification for Representation listed in the Constitution, there are only two possible ways Washington, D.C. can obtain representation in Congress. The first is if Washington, D.C. is given the right of statehood. According to the Enabling Act of 1802:
- The territory requesting statehood would have to have a population of 60,000
- A delegate had to be elected for every 1,200 residents in the territory
- The elected delegates would hold a Constitutional Convention to vote in favor of drafting a Constitution and forming a government
- The Constitution and government would then be presented to the U.S. Congress for approval
Washington, D.C. currently has approximately 600,000 residents; ten times the amount needed to begin the process for statehood.
The second option for the district to obtain representation in the House would be if the Constitution were amended. The process for amending the Constitution is a bit more complex.
The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress; Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate. – Article V
With that said, I will repeat what I stated sixteen months ago. None of the residents of Washington, D.C. are being held in the federal district against their will. They either moved there on their own, or are descendents of those who moved there at some point in the past. Washington, D.C. is not a state, and as such, it does not enjoy the privilege set aside to the states of the Union by the Constitution. The federal district is managed and maintained by the federal government.
If residents of the District feel that they are being unfairly treated due to lack of a Representative, they are free to move just a few miles into Virginia or Maryland. The public transportation system that exists within Washington, D.C. extends out into the metropolitan regions of these two states, compliments of the MetroBus and MetroRail systems. They do not have an excuse for not relocating if Representation is an over-burdening issue for them.
Any process by Congress to bypass the established rules regarding Representation should be deemed unconstitutional by the U.S. Supreme Court. I would expect that legal teams representing all 49 states (Utah being excluded since they received an additional Representative) would file a legal complaint against the actions of Congress. Additionally, I would expect legal teams from the other non-states (to include Native American/Indian reservations, Puerto Rico, Guam, American Samoa, U.S. Virgin Islands, and so on) to file complaints requesting Representation on behalf of the U.S. Citizens residing there.
Steny Hoyer is right that the residents within Washington, D.C. do not have Representation in Congress. If he wishes to change that, he needs to follow the rules listed above.
Related articles:
DC Examiner – “Debate over D.C. voting rights resumes before House panel”
Washington Post – “Representation for D.C.”
Washington Times – “Hill vote for D.C. faces court fight, foes warn”
Open Congress Blog – “Senate Set to Pass D.C. Voting Rights Act”
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The problem with writing an article so late at night is that you forget to add an important part. In this case, there was a reason why DC was created, to separate the central body of the federal government from the states. I’ll add that in tonight. Sorry folks.
Funny thing, actually 32 states have called for a constitutional convention. Only two more are needed. Many voted for a con con under the notion that it was a way to add an amendment that required a balanced budget for the federal government. Most states didn’t realize that with a const. convention or “con con” (which hasn’t occured since 1787) every single word of the constitution is up for grabs to be thrown own, amended, or replaced. After realizing this some states have voted to rescind their call for a “con con” but whether you can do that is highly disputed (most saying once you call for it, it is too late).
If 34 states call for it delegates are chosen to rewrite the constitution. Congress gets to decide how the delegates are chosen (essentially they could allow the states to pick, give the power to themselves, or whatever they want). Once they are chosen the delegates can change the constitution in ANY way shape or form. The courts, congress, states, citizens, etc have absolutely no power to limit what changes are made by the delegates.
Sadly many Repubs have supported the call for a con con thinking they could force the federal gov. to carry balanced budgets every year. This is what happens when people and politicians don’t do their research.
* thrown out
Nobody should get representation without taxation. How many of the DC residents pay income taxes? No income tax, no vote. Simple.