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For DC: Finally Some Representation with Taxation

FRIDAY APRIL 20 2007 5:00 PM

Submitted by legionnaire. Edited By erin_broadley.

TAGS: DC, Congress, representative



During the American Revolutionary war, "Taxation without representation" was a rallying cry for those opposed to England's heavy taxes on the American colonies without granting them any form of representation in England's government. After breaking off from England and establishing an independent, representative democracy this problem was solved for all inhabitants, right? Well, almost. Congressional representation is guaranteed by the constitution for everyone living in a state.

Section 2. The House of Representatives shall be composed of members chosen every second year by the people of the several states, and the electors in each state shall have the qualifications requisite for electors of the most numerous branch of the state legislature.

No person shall be a Representative who shall not have attained to the age of twenty five years, and been seven years a citizen of the United States, and who shall not, when elected, be an inhabitant of that state in which he shall be chosen.


The nation's capital, Washington DC, is not in any state per se, and for good reason, since any state containing that city would likely be granted undue power in either the senate or the house. However, what that means for the permanent residents of DC is that they are afforded no voting representation (Eleanor Holmes Norton (D-DC) is the current non-voting representative) at the national level in Congress, and might explain why DC license plates continue to have "Taxation without Representation" as their slogan.

However, all this may finally be set to change. Part of the Democrats' congressional agenda has been to secure legitimate representation for DC residents, and a bill that would ensure this has passed in Congress.

The budget measure passed 216 to 203 and was then combined with the voting rights bill that had passed.

Supporters called the bill's passage their biggest victory since 1978, when Congress approved a constitutional amendment to give the city two senators and a House representative. The amendment died after failing to win passage by enough states. The current legislation would not give the District senators.

A news conference after the vote drew a jubilant group of members of Congress, D.C. leaders and activists. They hugged and shook hands, savoring the moment.

"It's been a great day," said House Majority Leader Steny H. Hoyer (D-Md.), who had emphasized in his floor speech that District residents haven't been able to vote for congressional representation since 1801. "It's never too late to do the right thing."

Mayor Adrian M. Fenty (D), who this week led thousands of people in a voting rights march on Congress, said residents "appreciate the history of this moment."

"This was a statement about our country's principles, values and morals. That we would no longer be the only democratic-represented country in the world where the citizens of the nation's capital did not have a vote in the national legislature," he said.


As with all things good in this world, once passed in a Congressional vote the White House threatens to veto them. Suddenly the White House's overwhelming concern for strict adherence to constitutionality represents a massive roadblock into getting another seat, which will almost certainly vote Democrat, into Congress. Curiously these concerns were nonexistent when authorizing measures to push forward Bush's own agenda, like illegally wiretapping US citizens, abandoning the principle of habeas corpus and violating treaty obligations by indefinitely detaining suspected terrorists in secret prisons. But clearly those were minor infractions, and the White House has to draw the line somewhere on important issues like granting its own citizenry representation in the federal government - such a thing would be too much to bear.

Fortunately for the White House, and unfortunately for the backers of the bill and the residents of DC, if the Senate approves this bill (and the White House doesn't veto it for fear of bricks through windows) it still faces an uphill climb in the courts. The constitution is relatively straightforward in granting only states the right to voting representation in congress and the senate, so a constitutional amendment may be the only way to secure this right for the residents of DC. Time will tell, but DC should hold off on any celebrations for now.

 

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RileyStClair

RileyStClair

STAFF

Los Angeles, CA

APR 20, 2007 05:25 PM

yeah, DC is full of minorities, so they certainly don't need a voice.

SignalNoise

SignalNoise

Chicago, IL
February 2004

APR 20, 2007 05:32 PM

I actually like the idea of sort of slipping DC into Maryland. In fact, I think giving DC representation might require an amendment actually - since representatives have to come from *states* according to the Constitution. So, I don't substantively disagree with what's being attempted here; I'm just not sure that it's constitutional. But I'm open to being corrected.

soulcompromise

soulcompromise

I'm lost
November 2006

APR 20, 2007 05:40 PM

SignalNoise said:
I actually like the idea of sort of slipping DC into Maryland. In fact, I think giving DC representation might require an amendment actually - since representatives have to come from *states* according to the Constitution. So, I don't substantively disagree with what's being attempted here; I'm just not sure that it's constitutional. But I'm open to being corrected.



I don't think they should do that. It's not a state. They ought to keep it simple. I thought that anyone living in the US could vote and that even though DC is different that they could still vote. They should go on the Maryland ballot.

emotedcreations

emotedcreations

Germany
July 2006

APR 20, 2007 06:08 PM

During the American Revolutionary war, "Taxation without representation" was a rallying cry for those opposed to England's heavy taxes on the American colonies without granting them any form of representation in England's government.

Heavy is an exaggeration.

As far as the article is concerned, why not just add two non-voting Senators to the mix? Obviously they wouldn't have the power to vote, but it would certainly increase direct access--more power-- to the Senate, which couldn't hurt.

Cigarette

Cigarette

Cleveland, OH
April 2004

APR 20, 2007 06:11 PM

soulcompromise said:

SignalNoise said:
I actually like the idea of sort of slipping DC into Maryland. In fact, I think giving DC representation might require an amendment actually - since representatives have to come from *states* according to the Constitution. So, I don't substantively disagree with what's being attempted here; I'm just not sure that it's constitutional. But I'm open to being corrected.



I don't think they should do that. It's not a state. They ought to keep it simple. I thought that anyone living in the US could vote and that even though DC is different that they could still vote. They should go on the Maryland ballot.



They can vote (for president, mayor, etc.) but they have no real representation in Congress. So they get no voice when it comes to federal taxes, etc.

MaitreSinge

MaitreSinge

New York, NY
June 2004

APR 20, 2007 06:12 PM

SignalNoise said:
I actually like the idea of sort of slipping DC into Maryland. In fact, I think giving DC representation might require an amendment actually - since representatives have to come from *states* according to the Constitution. So, I don't substantively disagree with what's being attempted here; I'm just not sure that it's constitutional. But I'm open to being corrected.



Well, the Democrats don't want to combine DC (solidly democratic) with Maryland (likewise). They want a new district so that they get a free bonus representative without having to take over a Republican area. (EDIT: I guess that's why it took an agreement to give perpetually Republican Utah a new Rep too.)

To be honest, the fact that DC is staunchly Democratic is the main reason they have trouble getting representation: that turns it into a partisan issue. If the city's party mix hovered around 50/50, I bet they'd have gotten their Senators back in '78

I basically agree with SignalNoise, though: I think the people of DC deserve representation, but if this isn't a Constitutional amendment (and it sounds like not), it should get shot down by the courts. Of course, I'm no lawyer, but the section quotes above explicitly says the House of Representatives is made selected by the people of the states. So I would expect we'd need an amendment to change that, or maybe to declare DC its own state.

Cigarette

Cigarette

Cleveland, OH
April 2004

APR 20, 2007 06:12 PM

emotedcreations said:

During the American Revolutionary war, "Taxation without representation" was a rallying cry for those opposed to England's heavy taxes on the American colonies without granting them any form of representation in England's government.

Heavy is an exaggeration.

As far as the article is concerned, why not just add two non-voting Senators to the mix? Obviously they wouldn't have the power to vote, but it would certainly increase direct access--more power-- to the Senate, which couldn't hurt.



I don't see how having non-voting Senators would increase their power. What sort of leverage would they have?

emotedcreations

emotedcreations

Germany
July 2006

APR 20, 2007 06:18 PM

Cigarette said:
I don't see how having non-voting Senators would increase their power. What sort of leverage would they have?

The power would obviously be limited to their ability to persuade, which I grant isn't very much, but it's better than nothing, no? This is all under the assumption that no other recourse is possible.

gdarklighter

gdarklighter

San Diego, CA
August 2005

APR 20, 2007 06:25 PM

MaitreSinge said:
...or maybe to declare DC its own state.



This has been tried several times.

Cigarette

Cigarette

Cleveland, OH
April 2004

APR 20, 2007 06:35 PM

gdarklighter said:

MaitreSinge said:
...or maybe to declare DC its own state.



This has been tried several times.



And would give three more Democratic Congresspeople, rather than the suggested one of giving them a voting Representative.

ericwine

ericwine

Charlotte Hall, MD
January 2007

APR 20, 2007 06:39 PM

SignalNoise said:
I actually like the idea of sort of slipping DC into Maryland. In fact, I think giving DC representation might require an amendment actually - since representatives have to come from *states* according to the Constitution. So, I don't substantively disagree with what's being attempted here; I'm just not sure that it's constitutional. But I'm open to being corrected.



Yes, the Constitution requires DC to be under federal jurisdiction, but it doesn't have to keep all of the District. Arlington, Virginia was part of the District for a few decades before Congress returned it to Virginia, so Congress could keep the federal buildings, the Mall and some other real estate while handing the rest back to Maryland - "retrocession". Or a new state could be carved out of the Maryland and Virginia suburbs and DC given to that (this idea was proposed about ten or 15 years ago). DC statehood would require a constitutional amendment, which would get almost no Republican support (the last vote, in 1993 only got about 90 yes votes and only a handful were Republicans) - MaitreSinge is probably right - something might've been done long ago if DC were a two party area.
I'm not sure Maryland really wants DC back, but it's probably the only practical way for DC to get full representation.... but it would probably cause the idle secession talk on Maryland's conservative Eastern Shore to become serious.
EDIT - to add that while I think this legisation is probably unconstitutional, it's worth trying.

snidebot

snidebot

Indianapolis, IN
October 2005

APR 20, 2007 08:18 PM

MaitreSinge said:
or maybe to declare DC its own state.



if nothing else, it would be a boon for the flag-making industry.

Johnny

Johnny

Washington, DC
OLD SKOOL

APR 20, 2007 08:38 PM

I've been a district resident most of my like, and beyond any legal arguements, over 90% of Americans think it's just plain wrong that any citizen of the United States (who pays among the highest taxes in the nation) has no representation on Capitol Hill and no Electorals. Not only is Eleanor Holmes Norton a non-voting member, when Newt and the 104th swept in, they took away her right to even speak on the floor. She's a good woman and did her best buttonholing people in the hallways, but you really can't call that any kind of representation. In some ways, it was better when the Feds ran the whole show. Then they set us up for failure with "home rule," which, in effect gives us a dense city infrastructure to maintain with no surrounding tax base to support it (so they could then say "we told you those people couldn't govern themselves"). The statehood movement has been around for years, but it's simply not practical. I kinda like the idea of receeding into Maryland that ericwine mentioned, and have been espousing it for years, but it doesn't even seem to register as an option. True, it really wouldn't give the dems any more power, but it would make us feel like real citizens.

grayness

grayness

Newberry, SC
January 2006

APR 20, 2007 09:38 PM

What about declaring DC a federal tax-free zone...? It would help the DC economy, and remove the whole taxation without representation arguement!

gdarklighter

gdarklighter

San Diego, CA
August 2005

APR 20, 2007 10:28 PM

grayness said:
What about declaring DC a federal tax-free zone...? It would help the DC economy, and remove the whole taxation without representation arguement!



But it's not just an issue of taxes. DC residents have no representatives in Congress. That means no influence on the legislative branch of the government and a minuscule effect on the executive branch, and that's just plain wrong.

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