District Of Columbia House Voting Rights Act Of 2007
I thank the gentleman for yielding and it is at this time my pleasure to yield 2 minutes to the gentleman from Virginia, Mr. Davis. Mr. Speaker, I yield myself 4 minutes. I rise in opposition to H.R. 1905, the District of Columbia House…
I thank the gentleman for yielding and it is at this time my pleasure to yield 2 minutes to the gentleman from Virginia, Mr. Davis.
Mr. Speaker, I yield myself 4 minutes.
I rise in opposition to H.R. 1905, the District of Columbia House Voting Rights Act. There is no doubt that citizens of the District of Columbia have no full voting representation in the House of Representatives. However, there are ways that these individuals can receive representation without trampling on the Constitution. Unfortunately, this bill is not one of them.
The Constitution does not mince words when it says that Members of Congress may only be elected from the States. 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.
The Constitution also does not mince words when it distinguishes the District of Columbia from a State. In describing the powers of the Congress, article I, section 8 describes the seat of Federal Government as a district, not exceeding 10 miles square, as made by cessation of particular States and the acceptance of Congress, become the seat of government of the United States.
Furthermore, the text of the 23rd amendment to the Constitution further illustrates that the District was never meant to have the same rights as States. Specifically, it grants D.C. the power to appoint a number of electors of President and Vice President, equal to the whole number of Senators and Representatives in Congress to which the District would be entitled if it were a State.
We amended the United States Constitution for that purpose. If the advocates of this seek to do the same for representation in the House, they need to amend the United States Constitution.
The plain language of the Constitution is clear, that D.C. is not a State and that it is not granted the same rights as States.
However, the constitutional problems with this bill do not end here. The bill would also establish an at-large Representative for Utah, which would allow the citizens of Utah to vote twice, once for their Representative from their district, and once for another Representative at large. This would clearly violate the constitutional principle of one-man, one-vote by granting Utah citizens disproportionately large voting power.
Adding insult to injury, this new bill we have before us today does not include the language from the previous bill, H.R. 1433, to eliminate the position of D.C. Delegate. Under this new
bill, it appears that the District of Columbia would not only unconstitutionally be granted the same voting rights that State residents enjoy, but it would give D.C. greater representation than any State currently enjoys. The D.C. Delegate would continue to be eligible to vote in committee, and in the Committee of the Whole; and in addition, the new D.C. Representative would also be eligible to vote in committee and on the floor.
While every other district would get one vote in committee and on the floor, the District of Columbia would get two votes in committee and two votes on the floor under this new language.
Finally, the procedure for bringing this bill to the floor is, again, appalling. Debate has been blocked on a bill that affects the relative voting power of citizens in each of our congressional districts. The majority has once again denied us even the opportunity to discuss amendments, including an amendment by Ranking Member Smith to simply provide for an expedited judicial review of the bill after it is enacted in order to determine its constitutionality.
Furthermore, it is very telling and disappointing that the majority has decided that it would rather violate its own PAYGO rules than allow an open and fair discussion on the underlying bill.
For all of these reasons, I urge my colleagues to oppose this very poorly crafted legislation.
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, I yield myself 30 seconds to respond to the gentleman from Alabama.
The second amendment to the Constitution refers to the ``State.'' When the Constitution refers to the ``States,'' meaning today 50 States, then 13 States, it is referring to them in the plural. The ``State'' in the second amendment refers to the country collectively.
And to the distinguished chairman of the Judiciary Committee, for whom I have great respect but also great disagreement on this issue, I hope that given the fact that we do acknowledge a difference of opinion on what the Constitution says means that he will join with us in seeking for expedited judicial review if, as I hope is not the case, this should be passed and sent to the courts for their review.
Mr. Speaker, at this time I am pleased to yield 3 minutes to the gentleman from New Jersey (Mr. Garrett).
Mr. Speaker, I yield 3 minutes to the gentleman from Texas (Mr. Gohmert), a member of the Judiciary Committee.
Mr. Speaker, may I inquire as to how much time is remaining on each side.
At this time, I yield 1 minute to the gentleman from Texas (Mr. Gohmert).
Mr. Speaker, I yield 2 minutes to the gentleman from Indiana (Mr. Pence).
Mr. Speaker, at this time I yield 3 minutes to the gentleman from Georgia (Mr. Price).
(Mr. PRICE asked and was given permission to revise and extend his remarks.)
Mr. Speaker, I yield myself 1\1/2\ minutes, and I would like to pose a couple of questions to the distinguished majority leader.
I have listened to his historical discourse. As the gentleman knows, Alexander Hamilton, one of our Founding Fathers, offered an amendment during the writing of our Constitution that would have provided voting rights to the citizens of the District of Columbia. It was defeated and not included in our Constitution. At that time, both portions of Maryland and portions of Virginia were included in a 100-square-mile area, and in 1846, the portion that had come from Virginia was ceded back to Virginia.
I wonder if the gentleman, having posed the question about the constitutional amendment, would respond to the question, if this is ruled unconstitutional, as many of us think it is, would the gentleman bring to the floor legislation that would do something similar for the portions of the District of Columbia, excepting key government buildings, so that the citizens would have the opportunity to vote with the citizens of his State, Maryland, for whom he can speak with some regard?
I would ask the gentleman further, if when the court, and I hope the court does, determines that this is unconstitutional, if in getting to that process, recognizing there are going to be lots of uncertainties if this bill were passed and signed into law, both for citizens of Utah, for the District of Columbia and for the operation of the Congress as a whole, if he would join with us in supporting an expedited judicial review to receive a prompt determination of the constitutionality of this legislation?
Mr. Speaker, I yield myself 15 seconds to respond.
I would say, with due respect to the majority leader, the motion to recommit was offered as an amendment. No amendments were made in order, so it is our only recourse to offer it in those circumstances. I take the gentleman's statement as his word that he is going to oppose it for valid reasons, but I frankly see no valid reasons why we should not have expedited review of this legislation.
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, at this time I am pleased to yield 2 minutes to the gentleman from Texas (Mr. Poe).
Mr. Speaker, I yield myself the balance of the time and simply say that I think this has been an excellent debate. I think there is good faith on both sides. But I do believe very, very strongly, as do I think many, many other people, that this is the wrong way to go about correcting the lack of a vote for residents of the District of Columbia, which the other side has clearly pointed out should be corrected. But there are correct ways to do it. An amendment to the United
States Constitution, what Virginia did with recession of the land to Maryland and allowing the citizens to vote in Maryland are both good solutions.
We should defeat this ill-conceived and unconstitutional legislation because the plain meaning of the Constitution, the words of the Constitution, cannot be altered by this House. And if we start doing that, we are indeed betraying our oaths. Defeat this legislation and do it right.