McCain fails to nix D.C. voting rights – Obama will sign


Cross posted to The Political Class.

Here we go again:

Sen. John McCain, Arizona Republican, tried unsuccessfully Wednesday afternoon to kill legislation to give the District full voting rights in Congress. Mr. McCain called for a constitutional point of order to question the legality of giving the District voting rights.

The vote failed 36-62.

Under the legislation proposed in Congress this year, the Democratic-leaning District would get a House member with full voting rights, and Republican-leaning Utah would get a fourth House seat.

This should be a no-brainer – giving Washington D.C. a full house representative would be patently unconstitutional. For the majority of Democrats in Congress who cannot be bothered to read all of those words that are contained in the Constitution of the United States, here is the relevant text (emphasis mine):

Section 2 – The House

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.

Only states may send representatives (with full voting rights) to Congress – this applies to the Senate as well. Washington D.C. is not a state; did that fact escape the notice of our federal representatives?

In 1961 the twenty-third amendment was ratified which extended the Presidential vote Washington D.C. Apparently it was understood at that time that to accomplish this required a constitutional amendment, but no more:

Supporters think the bill finally has good chance of being passed, after a decades-long effort, because of Democratic gains in Congress in the November elections and because President Obama has said he would sign the bill.

Obviously President Obama and the Democrat Congress have no problem throwing the U.S. Constitution under the bus. Isn’t Obama supposed to be some sort of Constitutional Law expert?

The reasoning behind this move is to add a permanent Democrat seat to the House of Representatives. Do not be fooled by the extra seat given to the conservative Utah. Obama and Rahm Emanuel will do away with that now that they have taken over the U.S. Census from the Commerce Department.

This really shouldn’t be a conservative vs. liberal argument; it is simply a constitutional matter. Any person or group that feels Washington D.C. should get full Congressional voting rights should either work to amend the U.S. Constitution or push for statehood. If either strategy is successful, then there is no argument – it is simply a settled matter enshrined in the Constitution.

If the amendment process is pursued then why not add in two Senators for the District, as well? This would also remove the need to try to placate conservatives with an offsetting seat, and if statehood is pursued the new state would also have two (presumably Democrat) Senators.

EXIT QUESTION: Can anyone can suggest to what location the Federal Government will relocate if statehood for DC becomes a reality?

Washington Times – McCain fails to nix D.C. voting rights

Cross posted to The Political Class.


Category: , , , ,

RSS feed

50 Comments Leave a comment

What about a court challenge?

St_Louis_Conservative (Diary) Wednesday, February 25th at 11:17PM EST (link)

Who will challenge this bill?

“…..women and minorities hardest hit”

StLC - good question...

The Political Class (Diary) Wednesday, February 25th at 11:30PM EST (link)

…as the question then becomes “Who has legal standing to bring it to court?”

I have seen some analysis that this might be a difficult standard to meet in this case – see here for more:

http://www.heritage.org/Press/Commentary/ed022309a.cfm

www.thepoliticalclass.com

That's easy...

fmaidment (Diary) Thursday, February 26th at 10:34PM EST (link)

…any of the states whose representation would be diminished by Utah getting an extra seat without apportionment from a census.

Georgia v. United States (for example)

Follow Me on Twitter

“I would rather be exposed to the inconveniences attending too much liberty than to those attending too small a degree of it.”
– - Thomas Jefferson, to Archibald Stuart, 1791

 
 
 

Gitmo

Brian Simpson (Diary) Wednesday, February 25th at 11:18PM EST (link)

Or would that be wishful thinking.


| My RedState archive |
Important principles may and must be inflexible. ~ Abraham Lincoln

 

You can move the US Capital to Juneau. Gov. Palin

Achance (Diary) Wednesday, February 25th at 11:21PM EST (link)

doesn’t like to use it anymore, so the rent will be very cheap. Easy to keep the CongressCritters in view too, no roads, one airport, one ferry terminal.

In Vino Veritas

Juneau is great, if we move only the Capitol, not the whole capital

civil truth (Diary) Thursday, February 26th at 12:10AM EST (link)

Congress and the rest of the legislative branch assembles in Juneau; the executive branch stays in D.C.

And while we’re at it, move the Supreme Court and all their clerks to Guam.

Then we might have a new chance for a real separation of powers, in a physical sense as well as a constitutional sense.

The greatest evil…is conceived and ordered (moved, seconded, carried, and minuted) in clean, carpeted, warmed, and well-lighted offices, by quiet men with white collars and cut fingernails and smooth-shaven cheeks who do not need to raise their voice. Hence, naturally enough, my symbol for Hell is something like the bureaucracy of a police state or the offices of a thoroughly nasty business concern. -C.S. Lewis

http://www.gmsplace.com/

Now that is one hell of an idea

The Political Class (Diary) Thursday, February 26th at 12:43AM EST (link)

Puts me in mind of a visit to South Africa, among other countries, which physically separates the governmental branches – in that case between Johannesburg, Cape Town, and Bloemfontein.

www.thepoliticalclass.com

 

Sheets Byrd already moved a large chunk of the Federal government to WVA nt

olsmithie (Diary) Thursday, February 26th at 12:52AM EST (link)
 

And the EPA to Vieques.

Uma Richie (Diary) Thursday, February 26th at 8:34AM EST (link)

HUD and the Dept of Education too.

 
 

Juneau? No thanks.

mbecker908 (Diary) Thursday, February 26th at 7:34AM EST (link)

Way to close to actual civilization. My preference would be to move the Capitol to ANWR. After all, the D’s just love it’s unspoiled beauty and peacefulness, let ‘em live there.

I prefer Death Valley

fmaidment (Diary) Thursday, February 26th at 10:35PM EST (link)

n/t

Follow Me on Twitter

“I would rather be exposed to the inconveniences attending too much liberty than to those attending too small a degree of it.”
– - Thomas Jefferson, to Archibald Stuart, 1791

No way. Death Valley still has an aura of....

St_Louis_Conservative (Diary) Saturday, February 28th at 2:15PM EST (link)

…rugged Western individualism to it. I used to live in Palm Springs for a short time and would hate to have that kind of a federal government premise out there. Death Valley is one of the few conservative areas of Cali. Don’t bring the feds!!

“…..women and minorities hardest hit”

Death Valley

Menlo (Diary) Saturday, February 28th at 4:00PM EST (link)

When I visited back in 1995, nobody lived there but the people who serve the tourists. Also, they probably had more federal government agents than I’m accustomed to since it is a national park. Either way, I don’t think more than a dozen or so people actually have a primary residence there.

However, as a cold-natured person who literally cannot function below 74 degrees, I loved the climate; and I was there in June! It made for a lovely summer vacation, though I prefer Palm Springs.

“The ultimate touchstone of constitutionality is the Constitution itself and not what we have said about it.” -Felix Frankfurter

 
 
 
 
 

Elections have consequences.

Moe Lane (Diary) Wednesday, February 25th at 11:25PM EST (link)

And we’re having another one next year.

Moe - you are correct

The Political Class (Diary) Thursday, February 26th at 2:57AM EST (link)

Let us hope that the dispirited conservatives/silent majority find some enthusiasm between now and then.

www.thepoliticalclass.com

 
 

I would prefer a Constitutional amendment

Reaper0Bot0 (formerly Han_Pritcher) (Diary) Wednesday, February 25th at 11:30PM EST (link)

And I suspect that, when this is struck down in the courts (which it will be), we’ll probably get exactly that.

Statehood for DC doesn’t square with what the Framer’s had in mind. They wanted a federal city that could avoid undue influence by one of the several states. Formal statehood for DC alone might not subvert that, but it doesn’t quite fit. Given it’s small size, I personally support a Constitutional amendment that would allocate a single House seat to DC. They deserve to have an elected representative in the body that governs them, but giving a pair of Senators would be pure mischief.

I cautiously approve of this because I’m pretty sure it’ll get us closer to something equitable. And I won’t shed a tear when it gets struck down, as I said.

Except, Han

Brian Simpson (Diary) Wednesday, February 25th at 11:44PM EST (link)

the other Congresscritters are supposed to be equal representation for the federal city. It was assumed that every member of Congress would be charged with looking out for D.C.

Considering D.C. is experiencing plenty of growth, I’d say that mission is highly successful.


| My RedState archive |
Important principles may and must be inflexible. ~ Abraham Lincoln

I disagree, Brian

Reaper0Bot0 (formerly Han_Pritcher) (Diary) Thursday, February 26th at 12:37AM EST (link)

I don’t care how well-intentioned Congress may be in this matter. They are no one in Congress is responsible to the voters of the District nevermind the fact that they have incredible power over it. This isn’t democratic. I am absolutely mindful of the Constitutional questions here. In this case the Constitution, as written, is sufficiently imperfect that we need to edit it some. 600,000 American citizens are without Congressional representation and they have not had the chance to vote on their status.

Not cool. Not acceptable. But there’s three or four right ways to solve this (Constitutional ways), and a few wrong ways – like this bill.

Cool and Acceptable

The Political Class (Diary) Thursday, February 26th at 12:48AM EST (link)

Han – the way things stand vis-a-vis the states, federal gov, and DC is very “cool” and “acceptable” in the sense that it follows the Constitution.

www.thepoliticalclass.com

The Constitution, in this matter, is NOT acceptable

Reaper0Bot0 (formerly Han_Pritcher) (Diary) Thursday, February 26th at 8:02PM EST (link)

The good news is that the Founding Fathers had the sense to put in place a mechanism that allows us to modify the document as circumstances change. I need not trot out the most egregious example, but there have been several necessary Amendments to the Constitution. This will likely be another.

Just because something is Constitutional does not necessarily make it morally or ethically right. Admittedly, nearly every aspect of the Constitution is morally and ethically right, but circumstances change, as do mores. Disenfranchising 600,000 people is simply unacceptable. I’d wager that’s more people than lived in any one of several of the first thirteen states.

The greatest strength of the Constitution is it’s ability to change, and the extreme difficulty in actually changing it. It’s a safety valve, one that we need. I point out that if the Constitution has ever been immoral as written (3/5′s Clause comes to mind) then it is possible that it could be again. I say this as someone with a deep and abiding respect of the Constitution. That respect does not trump basic concepts of fairness. Why am I more of a citizen than someone who resides in the District? There is no morally acceptable answer to that.

Again, we are fortunate in that we can amend the document as needed. I say this in praise of the Constitution, not at all in derision. No group of men could ever have anticipated every potential (or indeed inevitable) application of such a document, but the Framers DID see that there were things they couldn’t see, and prepared accordingly.

Says You (nt)

IJB Thursday, February 26th at 8:11PM EST (link)
 

However Han....

JadedByPolitics (Diary) Thursday, February 26th at 8:31PM EST (link)

Constitutional amendments require passage by two-thirds of each chamber of Congress and then subsequently by majorities of three-quarters of state legislatures and this “bill” doesn’t do that does it? WHY NO IT DOESN’T….the idiot tools in DC are usurping the Constitution by not sending this issue to the states for ratification. So while you personally don’t like this particular piece of the Constitution it is RIGHT!

I am hoping this ends up in the courts through 2010 and not enacted!

Jaded, I think I conceded that this bill is unConstitutional.

Reaper0Bot0 (formerly Han_Pritcher) (Diary) Thursday, February 26th at 10:43PM EST (link)

So what, exactly, do you take issue with in my post?

 
 

wrong

Doc Holliday (Diary) Thursday, February 26th at 8:44PM EST (link)

people choose to live there, the Constitution does matter and IS ACCEPTABLE!

Molon Labe!

I believe I made it plain, Doc, that I think the Constitution *matters*. It's current application is unacceptable.

Reaper0Bot0 (formerly Han_Pritcher) (Diary) Thursday, February 26th at 10:42PM EST (link)

Unless you can construct a morally-acceptable rationale for keeping 600,000 American citizens who reside on our mainland from having representation in Congress. Again, the Amendment mechanism was created by the Founders for exactly this sort of problem – a change in conditions they did not anticipate.

Why am I more of a citizen than someone who was born in DC and has family there and thus chooses to stay? Why are you? Was it wrong to amend the Constitution so that DC residents could vote for president? After all, the Constitution as drafted lacked such a provision, in addition to the Bill of Rights.

I’m not advocating that we open the floodgates of insanity. I’m advocating that we treat our citizens the same, and allow them to vote for Congresscritters who will betray them just as all the others do….

 
 
 
 
 

Congresspeople looking out for DC...

Gyorc Nacain Thursday, February 26th at 5:59AM EST (link)

…whatever the original intent, this is how I look at it. Congresspeople look out for the other people on the cocktail party circuit to whom DC is all about lobbyists and committee hearings and politics and such. But to most people in DC, it is just their hometown same as any other place, and their needs don’t necessarily match up with the “needs” that Congresspeople are looking out for in their representation of the district. Forgetting about Liberal or Conservative, I think people living there ought to have someone in Congress looking out for them specifically.

As for the argument that it’s just a way to put a safe Dem seat in there, I say this: if there is an area that constantly votes Democratic, that doesn’t have representation, that means that Democrats are underrepresented. The fact that the seat would be safe Dem doesn’t change the underlying issue of whether there should be any representation from DC in Congress. By way of an analogy: if for some reason there weren’t any representatives from Utah in Congress, and people tried to rectify it, would the fact that those new Congresspeople would all be R’s really change the fact that Utah ought to have people in Congress? And if this were the situation, wouldn’t it simply mean that R’s are underrepresented, and that should be rectified by giving Utah representation in Congress?

I think this is a dumb solution – I think they should either make DC a state or add a constitutional amendment giving it voting rights in the House. As for the federal district, it’s location is established by statute, and apparently the plan would be to change it to be a narrow strip along the National Mall, encompassing the White House, Congress, and a few other buildings. It might seem odd to have government buildings in another state, but hey, the Pentagon is in Virginia…

But I still like the move as a way to direct attention towards the current situation, and to make a stand that DC oughta have representation.

As Sam Adams said, other companies use only 2.3 oz of hops, we use a full pound! No wait, that’s not it…TAXATION WITHOUT REPRESENTATION IS TYRANNY!!!

Insofar as we both think the Constitution should be followed...

The Political Class (Diary) Thursday, February 26th at 6:05AM EST (link)

…then we are in agreement on that point.

www.thepoliticalclass.com

 

Then make them part of Maryland or Virginia

civil truth (Diary) Thursday, February 26th at 9:07AM EST (link)

The part that’s not the new Federal district, that is.

They’d probably have enough voters to come close to a congressional district. But they sure as heck wouldn’t get two senators. Plus they can have the benefits of being part of a state like the rest of the country, two sets of taxes, regulations etc.

If they want equal representation, then they can have equal responsibilities too.

The greatest evil…is conceived and ordered (moved, seconded, carried, and minuted) in clean, carpeted, warmed, and well-lighted offices, by quiet men with white collars and cut fingernails and smooth-shaven cheeks who do not need to raise their voice. Hence, naturally enough, my symbol for Hell is something like the bureaucracy of a police state or the offices of a thoroughly nasty business concern. -C.S. Lewis

http://www.gmsplace.com/

Amen, 5 and all that. nt

Steve Maley (Diary) Thursday, February 26th at 9:10AM EST (link)

The blogger formerly known as ‘Vladimir’.

 
 
 
 

Why DC and not Puerto Rico?

6eorge Jetson (Diary) Wednesday, February 25th at 11:58PM EST (link)

Puerto Rico has nearly 4,000,000 inhabitants versus 600,000 in DC.

Here's a thought...

The Political Class (Diary) Thursday, February 26th at 12:01AM EST (link)

…how about neither?

www.thepoliticalclass.com

Thanks for hitting my logical softball into the cheap seats

6eorge Jetson (Diary) Thursday, February 26th at 12:51AM EST (link)

where this issue belongs

my...

The Political Class (Diary) Thursday, February 26th at 1:20AM EST (link)

…pleasure

www.thepoliticalclass.com

 
 
 

Puerto Rico keeps voting against statehood

Reaper0Bot0 (formerly Han_Pritcher) (Diary) Thursday, February 26th at 12:34AM EST (link)

Heck, I lived there for one of those votes. If they’re happy with the status quo, well, they can’t claim that they’re being kept down.

 

As they keep rejecting it for themselves...

fmaidment (Diary) Thursday, February 26th at 10:41PM EST (link)

…I’d say no.

If they want to be a state, they need to stop voting against statehood.

Follow Me on Twitter

“I would rather be exposed to the inconveniences attending too much liberty than to those attending too small a degree of it.”
– - Thomas Jefferson, to Archibald Stuart, 1791

 
 
 

Constitutional? A good question...

The Political Class (Diary) Wednesday, February 25th at 11:32PM EST (link)

…as the question then becomes “Who has legal standing to bring it to court?”

I have seen some analysis that this might be a difficult standard to meet in this case – see here for more:

http://www.heritage.org/Press/Commentary/ed022309a.cfm

www.thepoliticalclass.com

I am not now nor have I ever been a lawyer

Finrod (Diary) Thursday, February 26th at 12:07AM EST (link)

But I’d imagine anyone affected by a piece of legislation passed by Congress that passed by 1 vote, that one vote being the DC Rep, could argue that they’ve been harmed by DC getting a Rep.

Let’s get down to brass tacks here. How much for the ape?

Vote Dilution

The Political Class (Diary) Thursday, February 26th at 12:13AM EST (link)

I always thought that might be one possible approach – either what you suggest, or the simple fact that a citizen could claim harm due to the fact that the value of his/her vote has been diluted, and unconstitutionally so.

www.thepoliticalclass.com

 
 
 

Why not give them a Senator or two while they're at it?

bk (Diary) Wednesday, February 25th at 11:39PM EST (link)

 

Sarcasm, I presume?

Praying (Diary) Wednesday, February 25th at 11:45PM EST (link)

nt

No!!!11!1!!1!1! The Bilderbergers are coming

 
 

Hold on...

Praying (Diary) Wednesday, February 25th at 11:48PM EST (link)

Just the vote to kill the amendment failed. But according to the Washington Times article linked above,

“Supporters think the bill finally has good chance of being passed, after a decades-long effort, because of Democratic gains in Congress in the November elections and because President Obama has said he would sign the bill.”

“However, opposition from Republicans, including amendments, again could kill the legislation. The bill, if approved, also likely will face a legal challenge questioning the constitutionality of giving the District full congressional representation. The issue likely would be decided by the Supreme Court.”

“Also on Wednesday afternoon, Sen. Jon Ensign, Nevada Republican, proposed an amendment to further reduce the District’s gun-ownership laws, which would make it hard for Democrats to support such voting-rights legislation.”

So, apparently it’s not a done deal??

No!!!11!1!!1!1! The Bilderbergers are coming

Praying - that is correct

The Political Class (Diary) Wednesday, February 25th at 11:50PM EST (link)

It is not a done deal, and, as I understand it, it may have a tougher time in the Senate.

www.thepoliticalclass.com

 
 

The District has exactly 535 representatives.

Steve Maley (Diary) Thursday, February 26th at 8:59AM EST (link)

Not the non-voting delegates from Guam, American Samoa and D.C.

They have an entire f’ing committee in the House that throws lard their way.

Half of my state’s powerful Congressional delegation from just a few years back is still in Washington doing the lobbying thing: Livingston, Breaux, Baker, McCrery, Tauzin — those are just the ones off the top of my head.

Just one more naked power-grab on the part of the Democrats. I’m sure 2 senators is next on the agenda.

The blogger formerly known as ‘Vladimir’.

Restore the Hatch Act at minimum.

Achance (Diary) Thursday, February 26th at 10:59AM EST (link)

It had already been badly diluted and Clinton finished it off pretty much; federal employees have essentially unlimited political rights and most of them have extensive collective bargaining rights as well. That combination of full political rights and full collective bargaining rights essentially turns any public employee group into a socialist party.

Public employees at any level should not be able to engage in partisan political activities or take steps to influence the outcome of an election beyond their personal right to vote. Federal employees should be required to maintain their residence for voting purposes where it was when they were hired and if sent out to the provinces, they vote absentee back “home.” Those of you back East don’t feel it so much except of course right around DC, but in the West where there is lots and lots of federal land, there are also lots and lots of federal employees and they aren’t necessarily the sort of people you want voting in your elections. It’s fair to say that the typical BLM/BIA/EPA/NOAA etc. employee doesn’t share the same views on Alaska issues as most people who live here.

In Vino Veritas

 
 

Ooops.

Steve Maley (Diary) Thursday, February 26th at 9:00AM EST (link)

S/B “Not counting the non-voting delegates from Guam, American Samoa and D.C.”

The blogger formerly known as ‘Vladimir’.

 

Constitution? I don't need no stinkin' Constitution -OB1thephoney

olsmithie (Diary) Thursday, February 26th at 4:12PM EST (link)

There are definitely “Gypsies in the palace.”

Regards

 

Answer to your exit question

Doc Holliday (Diary) Thursday, February 26th at 8:49PM EST (link)

If the federals government must be relocated, I suggest Death Valley National Park.

Molon Labe!

Aww...

fmaidment (Diary) Thursday, February 26th at 10:44PM EST (link)

You beat me to it… Still posted above…

Follow Me on Twitter

“I would rather be exposed to the inconveniences attending too much liberty than to those attending too small a degree of it.”
– - Thomas Jefferson, to Archibald Stuart, 1791

 
 

interesting coincidence :)

Doc Holliday (Diary) Friday, February 27th at 5:51PM EST (link)

I just googled the hottest place in the USA, it seemed a good way to reduce terms.

Molon Labe!

 

Relocate to a virtual location

Menlo (Diary) Saturday, February 28th at 4:16PM EST (link)

I would prefer we just leave them in their home districts and states and let them meet through videoconference. No physical structure needed.

This way, they are forced to stay more in touch with the people they represent.

“The ultimate touchstone of constitutionality is the Constitution itself and not what we have said about it.” -Felix Frankfurter