Representation for District of Columbia
Earl Maltz
emaltz at camden.rutgers.edu
Thu Mar 29 04:54:01 PDT 2007
It seems to me that those who believe that Congress can provide
representation for the District of Columbia by statute are focusing on the
wrong question. The issue is not whether citizens in the District should
be entitled to vote; rather, the question is whether Congress can provide
representation for the District as a corporate entity. On this point, the
Constitution is quite specific; it provides that "Representatives...shall
be apportioned among the several States." Unless the District has been
unconstitutionally denied its representation for all these years, or it is
NOT one of the "several States." I think the choice between these
alternatives is pretty clear.
In historical terms, the analogy is to the territory ceded to the United
States in the old Northwest and old Southwest. No one would have argued
that the residents of those states could have been provided representation
in the House of Representatives prior to admission to statehood. The
residents of the District are in precisely the same position.
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