Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-11-05
Is Amendment Necessary

Here rs question for the constitutional
lawyers of Washington to study and an
swer: Is constitutional amendment
necessary to enable Congress to give rep
resentaton in the House and Senate to
the District of Columbia as state? The
Star has always assumed that such
amendment is essential. But is 1t?
Congress has power to admit new
states. One of the rights of such states
Is representation i'm House and Senate.
Under this power Congress has admitted
to representation without vote in the
House territories. quasi-states. not con-
templated by the Constitution. If Con-
gress can thus grant to a rudimentary
state limited representation in one of its
branches. it not grant to a quasi
state of a higher grade full representa-
tion in both of its branches. without
granting to it all the powers on other
lines of sovereign state? Having the
power to bestow all the rights and priv
ileges of sovereign state may it not
bestow less than all? Does Lot the
greater power include the less?
The power of exclusive legislation in
the ten miles square given to Congress
by the Constitution prohibits the evolu
ton of the District into sovereign state.
While this constitutional provision is in
force the District a state could not
= have all the self-governing and indie
&: pendent powers of Maryland or Virginia
But can il not be treated as state. with
out amendment of the Constitution, so
" far as representation in the national leg
& islature. its own exclusive legislature, is
>, concerned?
Cannot Congress under its power to adj
nit new states so Iegislate that the word
state it occurs in certain sections
of the Constitution shall include the Dis
{ trict? The courts have already viewed
the District as state for some purposes.
Ii has been pronounced a state under
: treaty with France construction con-
= ferrins privileges on aliens; but not
state whose people can citizens of
state In the federal courts. The Dis
trict is state when direct taxes are to
= be collected. but not state when rep
- resentatives are apportioned. though the
Constitution couples the two things.
Representatives and direct taxes shall
be apportioned among the several states
which may be included within this union
according to thei- respective numbers"
Direct taxes. but not representatives,
have been apportioned to the District.
Cannot Congress so far edmit the District
a state that it shall sometimes be a
state when American privileges are be-
slowed. and not be viewed as a state
only when burdens are imposed?
The question is whether the Constitution
absolutely prohibits the existence Of a
!, state. with genuine voting representation
in Congress, which lacks some OF the at
tributes of sovereign state. Must all
the American communities represented as
States in Congress be on precisely the
same footing and be shaped In identically
the same mold? Perfect equality Of the
states is doubtless assumed In the Consti-
tuition. 1t is provided, however, that no
state shall without it's consent be de-
prived of its equal suffrage in the Sen
ale. Does not this provision imply that
state may with its consent be deprived
of it's equal suffrage in the Senate: for in
stance, that the District as new state
for purposes of representation may con-
sent to unequal representation in the SEN
ate, as, for example, representation by one
senator instead of two? And If a state
may with its consent lack the important
attribute of equality of representation in
the Senate, may it not also with its con-
sent lack some other attributes of a SOW
ereign state, and still exist as a state
gard to congressional representation?
Without full representation in Congress
voting in the District for municipal Of
ticers only or for voteless territorial
delegate is a delusion and a snare, expos
ing the material interests of the commu-
nifty to obvious and serious dangers. and
improving in no substantial respect our
status as Americans. Washingtonians
should have. like other Americans col
Iected in sufficient numbers and with
sufficient resources in a limited area. rep
resentation i'm the legislature which may
deprive them of their property by taxa
ton and of life or limb by sending them
to war. Such representation Is not IN
consistent with the exclusive power of leg
{, fslation concerning the District possessed
by Congress. On the contrary. such repre-
sentation is the more essential since Con-
gress is not only Washington's national
legislature, but its municipal and state
legislature. 1t is not likely that the
nation will surrender its control through
Congress of the National city. But every
= American right consistent with this con-
troll and with the national interest should
be voluntarily and quickly granted to
Washing tonians.
The people of Washington should not in
The Stars opinion. either ask or accept
any voting franchise which does not give
them full representation in Congress
Lacking this end, the game will not be
worth the candle II this representation
can be secured without constitutional
amendment. We should press urgently for
the desired legislation. IL an amendment
is absolutely essential. should vigor-
ousiy cooperate to the end of securing it.
Is constitutional amendment neces-
sary?