AP Reporter Fails to Describe Constitutional Objection to DC Congressional Seat Bill

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In his report last Thursday (HT Smoke 'Em If You Got 'Em) on Congress's passage of a bill that would grant congressional representation for the District of Columbia, Associated Press writer Jim Abrams opened with nearly celebratory language. He also noted the existence of a constitutional objection to the law but failed to explain how ironclad that objection most likely is:

The people of the District of Columbia moved a step closer Thursday to gaining voting rights denied to them for more than 200 years.

But the legislation passed by the House on a 241-177 vote faced a veto threat from the White House, which said the bill was unconstitutional.

In recounting a previous such effort and its results at the end of his report, Abrams missed an easy opportunity to explain why what the House did should be irrelevant:

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Congress approved a constitutional amendment in 1978 giving the district a vote in the House, but the amendment died after failing to get ratification by three-fourths of the states. In 1993 the House rejected a proposal to put the district on the road to statehood.

There's a reason that Congress, then-President Carter, and the state legislatures attempted the rigorous constitutional-amendment process nearly 30 years ago: It is the only constitutionally permissible way that such a change can be made. The plain language of Article I, Section 2 states that "The House of Representatives shall be composed of members chosen every second year by the people of the several states...." DC is not a state, and thus cannot have voting congressional representatives.

The only way around this impediment is to actually amend the Constitution to allow congressional representation for DC. 30 years ago, a constitutionally grounded government (relatively speaking) understood that. Today, the majority of representatives appear to be so constitutionally illiterate that they don't believe the amendment process is necessary (either that, or they are throwing a bone to their constituents, knowing full well that what they are doing won't fly). But the fact is that anything short of an amendment will be judged unconstitutional by any federal court faithfully carrying out its duties (which is, unfortunately, not a given).

Abrams owed his readers the constitutional context just explained, and did not deliver it. A simple statement that "The administration believes that such a change can only be made by passing a constitutional amendment" would have done the job. In failing to properly inform his readers, he implied that the administration's objection is partisan, and not principled. Perhaps that was his goal.

Cross-posted at BizzyBlog.com.

—Tom Blumer is president of a training and development company in Mason, Ohio, and is a contributing editor to NewsBusters


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Simple Way to Vote

For those in the District who are just dying to have a representative in Congress there is a simple solution.. Move out of the District!!!

Sadly for the bill, the US Constitution states:

Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers,

It makes no mention of non-state entities except for:

To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of Particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards and other needful Buildings;

faced a veto threat from th

faced a veto threat from the White House, which said the bill was unconstitutional.

Love the language....not "because it's unconstitutional", but the White House said (as in "claimed") the bill was unconstitutional.

Typical liberals....don't like the law, write a new one that ignores it. Constituition be damned. That's why they like to get their way by judicial fiat. They subscribe to the Paul Begala view of power with executive orders...."Stroke of the pen, law of the land. Kinda cool."

Wasn't there a reason that the founding fathers made the capital a "district", not a city or a state? I'm not a constitutional scholar, but it seems to me that if it was planned that way from the beginning, there must have been a good reason....

DC shouldn't be a state

If the people of Washington District of Columbia want to be represented like the citizens of other states, let them sue to have the district dissolved.

The district should be divided along the original state borders of Maryland and Virginia, and all federal properties become part of the National Park services.

The only reason the District was seperated from Maryland and Virginia was to have a center of governent that wasn't under the control of any state. It was meant to be the center of our government, not a residential area.

After working in DC for many

After working in DC for many years I came to the conclusion that instead of a state they should make it a country so all the a%^holes in it would need a passport to get out.

"A mind is a terrible thing." - A comic I forgot the name of.

Hmmmm...

Why not allow the denizens, er... citizens of D.C. vote in either Virginia or Maryland? The purpose of the district was to have a sort of "neutral ground" for the governing of the country... ok, so? Why should the people who have (inexplicably) decided to live there be disenfranchised?

The liberal intelligensia do

The liberal intelligensia do not believe that the Constitution should be the final word. They believe that it should be what they want is the law by any means that they choose to get it. The media hacks who parrot their talking points are not educated enough to have read the constitution, let alone understand it.

As proof of the left's belief in a flexible Constitution

As proof of the left's socialistic belief in a flexible Constitution, we have socialistic Supreme Court Justices who have openly stated that they feel free to look at  legal decisions in other counrtries when deciding U.S. Constitutional Law. 

And these same socialistic judicial geniuses have said they allow public sentiment to influence their decision. 

Constitution is infinitely flexible

It's just that it requires going through the amendment process. It's been done many times in the past and it works.

These justices who allow outside influence to intrude on their decision as what the Constitution says, are not, once again, living up to their oath of office, and therefore should be impeached for faliure to defend the Constitution.

Look how they almost destroye

Look how they almost destroyed Clarence Thomas, who is an avowed "strict constructionist" concerning the Constitution. I don't think he ever really recovered mentally from those witch hunts oops! I mean hearings.

"A mind is a terrible thing." - A comic I forgot the name of.

Oath of office is their pledge.

" Today, the majority of representatives appear to be so constitutionally illiterate that they don't believe the amendment process is necessary (either that, or they are throwing a bone to their constituents, knowing full well that what they are doing won't fly). But the fact is that anything short of an amendment will be judged unconstitutional by any federal court faithfully carrying out its duties (which is, unfortunately, not a given)."

Every member of congress takes an oath of office in which they pledge to protect the Constitution from all enemies, foreign and domestic...

IMO, writting, voting for and passing a piece of legislation which is knowingly unconstitutional is a clear violation of that oath of office and grounds for impeachment.

Point

Excellent point, and totally agree.

To a liberal, the US Consti

To a liberal, the US Constitution is a horrible thing... and any chance they get to twist it, or interpret it as a living and breathing document, or ignore it completely, they'll take it.

Remember;

The Communist Takeover Of America - 45 Declared Goals

29. Discredit the American Constitution by calling it inadequate, old-fashioned, out of step with modern needs, a hindrance to cooperation between nations on a worldwide basis.

30. Discredit the American Founding Fathers. Present them as selfish aristocrats who had no concern for the "common man."

____________________________________________________

"It's not that they're [liberals] not aware of all the things we're aware of, it's that they need to reject them in order to remain in this five-year-old utopia that they've been told is the only hope for mankind." ~ Evan Sayet

An uber liberal acquaintance

An uber liberal acquaintance of mine said the Republicans are scared that DC may get representation because there would be 3 more Demo(n)crat reps in both houses. In one sense he is right. The 3 reps would be lefty and lefty in perpetuity.

"A mind is a terrible thing." - A comic I forgot the name of.

unconstitutional fudge

The Constitution keeps getting trampled every few years. Look at the search and seizure laws, they're not constitutional. Look at NAFTA, there wasn't a 2/3 majority vote on its passage.

Abortion is legal, even though the Declaration of Independence claims we have the right to life and the Constitution says we can't be convicted without due process. US citizens are sentenced to death every day.

I bet that someday soon we will see more and gun control. They need to get the guns away from people who are really pissed that the Constitution is being continually trampled upon. Especially from those who have been screwed by the NewSpeak meaning of eminent domain.

m1xram

"Especially from those


"Especially from those who have been screwed by the NewSpeak meaning of eminent domain."

"NewSpeak" is correct. Strange how the wording of the constitution can morph from "public use" to "public access". The "takings clause" of the "fiff" amendment has recently been interpreted (at least in Texas) to mean: "any developer with enough money to put up a Stadium or shopping mall". God help any citizen whos generations old homestead lies in the path of "progress".

"There are two types of people in this country; those who provide freedom and those who enjoy it." MM says...

There seems to be a simple so

There seems to be a simple solution for this: Make D.C. a state.

Hell yeah,DC's voting record

Hell yeah,

DC's voting record on mayors is proof enough they should be a state.  Who do you think they would vote for Governor?

No Soup For You

How is that a "simple&

How is that a "simple" solution?

I think the "States" might have a complex problem with that.

"There are two types of people in this country; those who provide freedom and those who enjoy it." MM says...

According to U.S.C.A. Const.

According to U.S.C.A. Const. Art. IV § 3, cl. 1, Congress acting alone has the power to admit new states into the Union. The states don't have to ratify it. Much more simple than a Constitutional amendment.

Oh, sure.  I bet the left w

Oh, sure.  I bet the left would love THAT.  More guaranteed Electoral College votes for leftist presidents.

So D.C. should be denied stat

So D.C. should be denied statehood based upon the politics of some of its citizens? There may be good reasons for not admitting D.C. into the Union as a State, but this is not one of them.

I think the best reason is.

I think the best reason is...is that all the US flags would have to be changed! Think how much that would cost!

"There are two types of people in this country; those who provide freedom and those who enjoy it." MM says...

Oh please agnostic - you can'

Oh please agnostic - you can't turn it around.  The only reason they want to add it is because of the politics - duh!

Not to come to the defense of

Not to come to the defense of AF, but the Republicans have been pushing to get an "at-large" congressional seat given to Utah, to counter-balance the DC proposal (which will probably get vetoed if it gets passed). The downside is, come next census, Utah will probably get another seat anyway. Also, I believe it will not pass through the senate, either.

You're being silly, AF.  I made

You're being silly, AF.  I made a true comment of the likely outcome and a probable reason the left would push it, not a "reason" to exclude them. 

But, since you brought it up, why would that be any more a wrong "reason" to fight against it than the left's likely reason to fight FOR it?

Agnostic - not in this case b

Agnostic - not in this case because this one was specifically excluded by the Constitution for a reason. 

Excactlly, and what is Cong

Excactlly, and what is Congress made up of? States Representitives! Like I said, not an easy sell, especially since DC residents have opportunity to vote elsewhere.

"There are two types of people in this country; those who provide freedom and those who enjoy it." MM says...

There is also the Constitutio

There is also the Constitutional provision that:

The Congress shall have power...To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the acceptance of Congress, become the Seat of the Government of the United States...

If the blogger is going to chastize others for not presenting a complete discussion of the issue, then the blogger should refrain from the same error.

A number of folks believe this provision of the Constitution gives Congress the right to add Members from the District.  Even if one does not agree with that proposition, the case still should be made in the interest of presenting both sides.

DC

I don't see how you get from the first paragraph to the right to add Members, nor did the people in 1978 who obviously concluded that the constitutional amendment route was necessary. Additionally, it took a constitutional amendment to give DC residents the right to vote for Prez -- so why would it NOT require an amendment to entitle DC to their own congresscritters?

So I believe your attempt at an argument is dead wrong.

But if I suspend disbelief and grant the potential for your argument, AP writer Abrams, if he thought it had weight, owed it to his readers to present brief statements of the arguments as to why DC representation in Congress is (as you stated) or isn't (as I suggested an example of) constitutional.

Here is the reason the articl

Here is the reason the article did not go into further details:

The left has been decrying all over the place that George Bush was peeing on the Constitution and breaking every rule. If they reported that he would be right on a Constitutional issue.........well, we just can't have that!

This is in answer to some ot

This is in answer to some ot the blogs above. The portion of Virginia which was ceded to the District of Columbia was given back to Virginia and is the County of Arlington in Va I believe it was ceded back before the civil war. There is a very small portion of DC across the Potomac River on the Virginia side a few square miles at most. It is adjacent to the Pentagon and is called Columbia Island. Also Theodore Roosevelt Island is in DC although the access is through VA. I live in the People's Republic of Maryland believe me we do not want DC back. Got enough problems with Prince Georges County which has a similar crime rate and borders the District.