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DC Closing In On A Vote


By Joe Murray, The Bulletin
Thursday, February 26, 2009
Congress is poised to unleash a constitutional squabble as the U.S. Senate voted to debate a measure that would give the District of Columbia’s lone representative a vote in the U.S. House.

Ever since a piece of Virginia and a piece of Maryland were chiseled away to form the District, the actual status of the federal city has been an issue of parlor talk and salon speculation. Not a state — those who live in Washington have to follow the laws of the nation but they do not have a voice in the lawmaking process.

This set the stage for a modern battle in which liberals and Democrats have squabbled over — whether the District should be given a vote in the House. Supporters of the bill say the D.C.’s 600,000 residents deserve that vote, while opponents contend the Constitution provides members of the House are to be chosen by the states.

But with Democrats clearly in charge of Congress and a Democrat in the White House, the District is on the verge of securing a vote; a vote that would make Eleanor Holmes Norton, the District’s lone representative since 1991, very happy.


“We have won a long and hard-fought battle,” Ms. Norton said in response to the Senate’s 62-34 vote to hold a final vote on the bill. “All lights are on go.  There can be no turning back now.”

As it stands right now, the Senate’s version of the bill is headed for the floor and if it can survive Republican attempts to attach hostile amendments and/or derail it, a vote could be held this week. As for the House, its version of the bill is also expected to be voted on next week.

The major strides made in the D.C. vote effort did shown signs of bi-partisanship, as two new Republicans voted for cloture. Mississippi’s Thad Cochran and Alaska’s Lisa Murkowski, joined Sens. Orrin Hatch, R-Ut., Susan Collins, R-Maine, Richard  Lugar, R-Indiana, Olympia Snowe, R-Mn., Arlen Specter, R-Penn., and George Voinovich, R-Oh. in supporting the a vote that would open the bill up for debate.

But just because the Republicans voted to invoke cloture did not mean they would support the bill in the end. Ms. Murkowski said she voted to invoke cloture because she support the idea of debating the bill, but stressed that she believed she would vote against the measure at the end of the day.

As the Senate prepares for the debate, critics of argue a number of constitutional issues are raised by this bill. The Constitution holds the House of Representatives is to consist of members chosen “by the people of the several states” and opponent’s stress the District is not a state and does not qualify.

“The meaning of this language is not ambiguous,” said Sen. Jon Kyl, R-Ariz. “Only states can be represented in the House of Representatives.”


But while the District of Columbia is legally not a state, its residents are the first to argue it is treated as if it is a state.

Those who live inside the four corners of the District of Columbia are subject to the same laws of interstate commerce, residents pay federal income taxes even though the 16th Amendment states Congress has the power to levy taxes “among the several States” and the decisions of federal courts are respected in DC even though such jurisdiction extends only to “Controversies between two or more States; between a State and Citizens of another State; between Citizens of different States.”

Some lawmakers sympathetic to the plight of D.C. residents argue a constitutional amendment is the best route to grant the District a vote because it would eliminate any constitutional clouds of confusion and best serve the interests of the District’s residents.

“This senator believes we owe it to the people of the District of Columbia to get this right the first time,” Ms. Murkowski said. “A constitutional amendment, passed by the Congress and ratified by the states, settles the matter of D.C. voting rights conclusively.”

Others contend the wait has been long enough.

“D.C. residents are one step closer to full democracy,” said Ilir Zherka, D.C. Vote executive director. “A large majority of the Senate voted to give a critical voice to the more than half a million residents of our nation’s capital.”

But the District of Columbia has been here before and the corks will stay in the champagne bottles until a bill is signed.

“Victory is so close on this issue but the fight’s not over yet,” said Mr. Zherka. “There has been a lot of discussion about possible amendments to the Senate bill. We are calling upon the Senate to pass this bill without amendments.”

Joe Murray can be reached at jmurray@thebulletin.us



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