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Other proposals to solve DC’s voting rights and home rule problem are deeply flawed. These other solutions are either politically and constitutionally flawed, or perpetuate DC residents as second class citizens lacking full and equal representation in the House and Senate. Constitutional Amendment
Any approach that provides two Senators for the city of Washington will be filibustered by Republicans and many big-state Democrats. Maryland and Virginia legislators are also unlikely to support addition of two Senators from the District of Columbia who would in all likelihood pursue a commuter tax. House Voting Only
The existing legislation (HR 157) that is supported by Del Eleanor Holmes Norton ( D-DC) and DC Vote among others has two major flaws. First, it seeks to establish a Congressional seat for the District of Columbia. The Constitution is very clear that Congressional Districts come from states and that they are to be apportioned every ten years to equalize their population with other districts. Republicans are quick to realize that if the legal argument is made that Congress can treat the District as if it were a state for the purpose of House representation, a future Congress could similarly provide Senate representation. They also realize that if Congress believes it can create a non-apportioned House seat from a federal enclave, Congress could similarly create seats from other federal enclaves or non-state areas like the territories.
The second flaw is that HR 157 provides no Senate representation for District residents. Senate Representation is far more important for DC residents than House Representation. Even former Representative Tom Davis (R, VA) has stated clearly that he opposes Senators coming from the District of Columbia. (It is worth noting that he is not opposed to DC residents being represented in the Senate by the Maryland Senators. In fact, most Republicans who favor equal voting rights for DC residents favor DC residents voting as part of Maryland, one way or another.) DC Statehood
Washington DC could also gain voting rights and home rule by statehood. This approach is unlikely to happen due to two political realities: - Republicans and large states are unlikely to favor awarding statehood to what is essentially a small, heavily Democratic city, especially if there are other feasible solutions that provide DC full representation in Congress.
- Maryland and Virginia would fight Statehood for DC because of the effect a commuter tax would have upon their state budgets.
DC could gain incremental home rule powers through further delegation of powers by Congress, but these powers would never be final and would always be susceptible to federal meddling. Congressional Decision-Making
There is no reason to believe that Congress could not embrace Maryland-based solutions for the city of Washington. Unlike the times when the Constitution was drafted, there is now a powerful federal government that can protect its own interests over those of the States. Under the Constitution, the federal government has exclusive jurisdiction over all federally owned properties. If Washington were made a part of Maryland, Congress would still control the Mall area and all federal building, just as it controls the Pentagon located in Virginia.
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