D.C. in the House

Rep. Tom Davis (R-VA) is sponsoring a bill that would give the District of Columbia one vote in the House of Representatives, and would also increase Utah's Congressional delegation by one member, both until the 2012 census reapportionment, at which time the House would revert to 435 members apportioned among the states and D.C. The Washington Post editorializes in favor of this bill, noting that it would take D.C. halfway toward its goal of representation in both the House and Senate, and statehood. It's a measure that should spark debate.

First principles: The Constitution allows Congress "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." Both Maryland and Virginia ceded portions of their states when the District was established on the Potomac River. In 1846, Congress passed a law returning the Virginia portion to that state, and the law took effect in 1847. The District is now entirely composed of the land ceded from Maryland.

Can simple legislation provide D.C. with a vote in the House of Representatives? Not if the Constitution is read literally. Article I, 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." Likewise for the Senate, according to the 17th Amendment: "The Senate of the United States shall be composed of two Senators from each State, elected by the people thereof, for six years; and each Senator shall have one vote. The electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State legislatures." There are five members of the House without floor voting rights, but who arer permitted to vote in committees; they are delegates from D.C., American Samoa, Guam, the U.S. Virgin Islands, and a Resident Commissioner from Puerto Rico. The lack of floor voting rights stems from the fact that none of these delegates are from a state.

My view is that voting rights for the District of Columbia in either house would require a constitutional amendment, which would undoubtedly result in D.C. statehood. A simpler solution would be similar to legislation proposed this year by Rep. Dana Rohrabacher (R-CA), which would allow D.C. residents to participate as Maryland residents for the purposes of Congressional and presidential elections. Under the 23rd Amendment, D.C. residents already are represented in presidential elections. The proposed legislation would permit D.C. residents a voice in Congress, albeit as citizens of Maryland, but provides most of what D.C. residents claim to have been seeking. Another solution would be to return the land ceded by Maryland to that state, with the federal government retaining control over properties on which federal buildings sit, such as the White House, the Capitol, and the Supreme Court, along with the federal agencies. Not surprisingly, Rohrabacher has no co-sponsors to his legislation, because it does not provide what the largely Democratic population base of the District seeks -- not just representation in Congress, but a greater Democratic presence there.