Evening star. [volume] (Washington, D.C.) 1854-1972, 1922-03-01

the very ground that Congress was
incapable of delegating to anotns;
body the legislative power conferred
by the Constitution. (Van Ryswick
", Roach. MacA. & NJ, il d. c.. III;
Stoutenburgh V. Hennick. 129 U. s..
14l. 147. 14S.) Hence it follows that
the departure from the fundamental
principle involved in denying the
people of the District all participa-
ton in the making of their laws
(Which President Monroe regarded as
meriting consideration as far back
as 1879 can be best remedied. not
by setting up an inferior legislature
for limited purposes, but by admit
ting the people of the District of CO.
lumbia to voice in national legis-
tinue to possess the exclusive power
OF government over them. In this
way the supremacy of Congress is
reconciled with the fundamental
principles of representative govern
ment: the object which the jurisdic-
tional provision was intended to Sc
cure is completely attained without
condemning the population of the
National Capital to a status of po1iti-
cal degradation inconsistent with
that great truth on which our very
government is founded.
District Of Columbia Representation
Deprives No State of Equal Suffrage
in Senate.
1t remains to consider az objection
sometimes urged upon the last clause
of article y of the Constitution,
providing that mo state without its
consent shall be deprived of its equal
suffrage in the Senate" But how will
the admission Of a senator. CT even
two senators, elected by the people
of the District of Columbia, deprive
any state Of its equal suffrage in the
Senate? TIL" plain meaning of this
provision is that no state shall have
any greater numerical representation
IN the Senate than any other state. 1t
cannot mean that the aliquot share
OF the legislative power possessed by
a state at any given time cannot be
reduced. as the proportion of that
power. which was originally. 2 as to
20, has been steadily diminished by
the admission of new states until it
Is now as to Sc.
Nor is it of any Importance that the
people by whom this senator or these
senators would be elected would not
have any separate legislature. Even
when senators We're elected by state
legislatures. the legislatures did not act
as the legislature in the sense of the
iaw-making body of the state, but as a
specially designated body of electors by
virtue of an express power conferred
By the federal Constitution itself Sem
ators are no longer elected by the state
legislatures, but by the people. Under
the proposed amendment the people of
the District Of Columbia in choosing
their senators would, to that extent. but
TO that extent only, stand on the same
footing with the people of the states.
But as the people of a state. in the cleo
ton Of senators, as in the election of
REPRESENTATIVES lower
ercise this right without regard to the
form and organization of their respect
i've local legislature. SO would the people
Of the District of Columbia elect their
senator's and representatives without
regard TO the existence or non existence
of a local legislature.
. 1t is. of course. no answer to say that
the Senate is composed only of mem
bers selected by the several states. That
is merely to declare an obvious fact as
the Constitution now stands. THE Sem
ate shall be composed of two senators
from each state. Before the seven
tenth amendment the Constitution went
on to say chosen by the legislatures
thereof" But as We have seen. that is
no longer true. What remains is no less
subject to amendment There is no
principle of our Constitution. much less
any specific provision in its articles.
which forbids its amendment SO as 10
admit into the Senate as we'll as into the
House members WHO represent an
integral part Of the country such as the
District of Columbia without requiring
that such area shall be for all purposes
whatsoever precisely like the existing
states. The only limitation is that in
thus amending the Constitution no state
should be deprived Of its equal suffrage
in the Senate. and, as we have already
shown. the equality of the states in the
Senate will not be in any wise affected
by the proposed amendment.