Is Giving D.C. A Seat In Congress Legal?

Congress Considers Giving The District Of Columbia A Full Seat In The House

(CBS)  On Monday, the Senate takes up an issue that's almost as old as the nation itself; giving the District of Columbia a full vote on the floor of the House of Representatives. But, does the proposal pass the constitutional test?

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Washington has shaped much of Eugene Kinlow's family history. Now, reports CBS News correspondent Thalia Assuras, he's helping to reshape two hundred years of his city's history.

"We want to be just like everyone else in America and have representation, people to represent our interests fully on Capitol Hill," Kinlow says.

The Capitol may be visible from Kinlow's neighborhood, but in its corridors, his sole elected official - can't even be called a "Representative." "Delegate" Eleanor Holmes Norton can talk on the floor and vote in committee - but she can't vote on any final bill, like the stimulus package. Not, says Norton, what the founding fathers intended.

"The framers went to war on the slogan of no taxation without representation," Norton says.

That's the state's unofficial motto - found even on license plates.

"Having somebody represent you in Congress is really like apple pie," Norton says. "It comes with being American."

District of Columbia residents are now close to getting their wish, Assuras reports. Next week, Congress takes up legislation that would give the largely Democratic district a House seat and another to Republican-leaning Utah. It's next in line for a seat based on population.

But there are plenty of opponents. Article i of the constitution says representatives are elected "by the people of the several states".

"This bill is flagrantly unconstitutional," says Jonathan Turley.

Unconstitutional, says Turley, who teaches at George Washington Law School, because Washington is not a state. And, he says, the bill would set a dangerous precedent.

"If Congress can create new types of members, non-state members, they could give Puerto Rico ten districts," Turley says. "They could give military installations votes."

So a legal battle is likely, Assuras reports, but voting rights proponents believe their battle is almost won.

[barbaram99]

Washington DC is not a state. It would have to be a state to have a seat in congress. It is not a state. It is wwhere the white house as.

[barbaram99]

Washington DC is not a state. It would have to be a state to have a seat in congress. It is not a state. It is wwhere the white house as.

[barbaram99]

Washington DC is not a state. It would have to be a state to have a seat in congress. It is not a state. It is wwhere the white house as.

[oftencensord]

Why not, if Rhode Island and Delaware can have two Senators each, certainly DC can get a crummy house representative.

After reviewing much economic information these last few days, I think we are going to need a bigger boat.

I think the Representatives have bigger fish to worry about.

[lochlan-2009]

"Is Giving D.C. A Seat In Congress Legal?"

If the last eight years has shown Americans anything it should be that D.C. can do anything it wants and call it legal, or illegal, depending on them.
It's kind of like the CIA doing an investigation into whether or not the CIA imported drugs into the country, or a federal judge (payed by taxes) throwing out a case about the legality of the income tax, or ex-president Bush, as acknowledged by the Supreme Court, not upholding the constitution in such an assault on American civil liberties not ever seen before in America, as he was sworn to do.

They do what they want to, when they want to, free from prosecution, just as it says in the last 6 words of the Pledge of Allegiance.

[endurorob]

This is a city that continues to put Marion Berry into positions of authority. They should be happy to be able to vote in the general election. If they were allowed to have a real rep in congress who would they elect?

[dante805]

DC was never suppose to have a vote. It was for congress only. But stupid people starting living there. Move to DC or MD if you want a representataive or make DC a state. Otherwise its unconstitutional.

[timothyone-2009]

If Washington were GOP it would have Reps and Senators already!

[indivthinker]

The only way that DC can have a representative is if there is an amendment to the US Constitution. The same thing had to happen when they wanted to vote in the Presidential election.

[jamesm12341]

No it''''s not but why start doing things legal now.

Because we''re trying to put the WORST President in US HISTORY and the Republican Party behind us... because we''re trying to AGAIN, form a more perfect Union. I know Knuckle Draggers like yourself hate that but it''s what''s going on.


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Posted by irmcvet971 at 05:24 AM : Feb 23, 2009


you are incapable of putting anything in your life behind you...that is why at over 50 years old you are still a ranting idiot

[likeitis5050]

irmcvet-Burning crosses you say?? Well, your guy byrd would know a thing or two about that. What Republican in Congress was a member of the KKK and in good standing,just one. What dem governor blocked a black person from entering a school, not a Republican.
You really want to go down that road?? You don''t know our history at all.


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Posted by dumdnc

But he sounds so educated...he MUST be smart! And he apparently is NOT from the South which, and I'm guessing it's written in stone somewhere, must give him permission to throw mud. Be careful with this one. Historians...even ones who just claim to be...can be lethal with words and assumptions.

[likeitis5050]

Legal? Someone is asking if some thing Washington wants to do is legal......since when did that stop the government?

[mtminds]

The city is a city, not a territory nor a state. Make all residences of D.C. citizens of Maryland. Problem solved.

[dumdnc]

irmcvet-Burning crosses you say?? Well, your guy byrd would know a thing or two about that. What Republican in Congress was a member of the KKK and in good standing,just one. What dem governor blocked a black person from entering a school, not a Republican.
You really want to go down that road?? You don't know our history at all.

[dumdnc]

Legal?? Probably not but hey, it's the dems. We have a head of the Treasury Department that's a big time tax evader and fraud. We have an AG that's less than stellar. So, that being said, they'll do it and the faithful will ignore or condone it. They'll bring up past Republican screw ups,point to Bush, etc,etc.
I bet ole marion berry (sp) will be pulled out of the slum motel room with the hooker, clean the blow from his nose and he'll be the DC rep. He'll fit right in even if he isn't from Chicago.

[platteman]

DC is another name for toilet. It is full of you know what and the whole city needs to be flushed. If the USSA needed an ***, the hose would go to DC.

[irmcvet971]

No it''s not but why start doing things legal now.

Because we're trying to put the WORST President in US HISTORY and the Republican Party behind us... because we're trying to AGAIN, form a more perfect Union. I know Knuckle Draggers like yourself hate that but it's what's going on.

[irmcvet971]

The District of Columbia is just like the rest of America''s Territories, no voting power should be given if the same privilege is not given to the other U.S. Territories under Federal control.

Posted by Beach671 at 03:33 AM : Feb 23, 2009

Man YOU got to explain this one to me! I know how America's Territories came to be and I know how D.C. came to be... NOT EVEN CLOSE to the SAME! NOT EVEN CLOSE!