February 24, 2009 1:07 PM

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

By
Thalia Assuras
(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?
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.
By Thalia Assuras

Copyright 2009 CBS. All rights reserved.
Add a Comment See all 24 Comments
by barbaram99 February 25, 2009 1:09 AM EST
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.
Reply to this comment
by barbaram99 February 25, 2009 1:09 AM EST
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.
Reply to this comment
by barbaram99 February 25, 2009 1:08 AM EST
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.
Reply to this comment
by oftencensord February 23, 2009 3:07 PM EST
Why not, if Rhode Island and Delaware can have two Senators each, certainly DC can get a crummy house representative.
Reply to this comment
by steve777a February 23, 2009 2:24 PM EST
After reviewing much economic information these last few days, I think we are going to need a bigger boat.
Reply to this comment
by steve777a February 23, 2009 2:23 PM EST
I think the Representatives have bigger fish to worry about.
Reply to this comment
by lochlan-2009 February 23, 2009 2:09 PM EST
"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.
Reply to this comment
by endurorob February 23, 2009 1:37 PM EST
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?
Reply to this comment
by dante805 February 23, 2009 12:45 PM EST
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.
Reply to this comment
by timothyone-2009 February 23, 2009 12:35 PM EST
If Washington were GOP it would have Reps and Senators already!
Reply to this comment
See all 24 Comments
.
Scroll Left
Scroll Right More »
CBS News on Facebook