Evening star., 1922-12-15
Americanize the WashingtOnian
Congress Cannot Delegate Legislative
Power-States Not Affected by District
National Representation.


ties in constituting q body with lesisla-
tive powers for local purposes and at
the same time preserving unimpaired
the general power OF legislation in Con-
gfess itself. Whatever pains may be
the inferior legislature. the fact remains
that there are two sources Of law for
the community. At any moment the
question may arise whether a particular
! subject matter falls within the scol1e Of
the delegated or Of the reserved au-
thority. s .
Congress Cannot Delegate It's Power
Of Exclusive Legislation.
In point Of fact. the acts Of the Dis
trict legislative assembly were ultimate
ly denied authority by the Supreme
Court Of the District upon the very
ground that Congress was incapable Of
delegating to another body the legisla-
tive power conferred by the Constitu-
ton. (Van Ryswick v. Roach, MacA. &
NJ III D. CO.. III; Stoutenburgh ".
Hennick. 12s u. s.. 141. lat. 14S) Hence
| it follows that the departure from the
fundamental principle involved in de-
nying the people Of the District all
participation in the making Of their
laws (Which President Monroe regarded
as meritlng consideration as far back
as 1879 can be best remedied. not by
setting UP an inferior legislature for
limited purposes. but by admitting the
people Of the District Of Columbia to
a voice in national legislation which
possesses and must continue to possess
., <,f
them. In this way the supremacy Of
Congress Is reconciled with the funda-
mental principles Of representative gov
ernment: the object which the juris-
dictional provision was intended to Sc
cure Is completely attained without con-
demning the population Of the National
Capital to status OF political degra-
dation inconsistent with that great
truth on which our very government Is
founded.
,, ID. &. Representation Deprives No
state Of Equal Suffrage In. Senate.
It remains to consider an objection
sometimes urged upon the last clause
of Article X OF the Constitution. pro-
v!ding that mo state without its con-
sent shall be deprived Of its equal suf-
| the admission Of a senator. or even
| two senators. elected by the people
of the District of Columbia. deprive any
state Of its equal suffrage in the Senate
The plain meaning Of this provision Is
that no state shall have any greater
numerical representation in the Senate
7; than any other state. 1t cannot mean
/ M fha aISo no Of hn 1a0 lat x.o
power possessed by a state at any given
| time canno; be reduced, as the pro-
portion Of that power. which was orig
inally two as to twenty six. has been
steadily diminished by the admission
of new states until it is now two as to
ninety six.
Nor Is 1t Of any Importance that
| the people by whom this senator or
these senators would be elected would
Even when senator's were elected by
state legislatures .he legislatures did
| not act as the legislature in the sense
| of the law-making body Of the state.
| but as a specially designated body
| of electors by virtue Of an express
| stitutioA itself. Senators 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 sena-
| tors. 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 state. in the
| election of senators as in the election
of representatives in the lower house,
| exercise this right without regard to
the form and organization of their
respective local legislature. so would
the people Of the District of Columbi
| elect their senators and representa-
| tives without regard to the existence
or on-existence of a local legisla-
! ture.
| 1t is. of course. no answer to say
that the Senate Is composed only OF
! members selected by the several
/ states. That is merely to declare an
| obvious fact as the Constitution now
| stands. THE Senate shall be COM
state" Before the seventeenth amend
, ment the Constitution went on to say
chosen by the legislatures thereof
But. az 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 ar
| ticles which forbids it's amendment
, SO as to admit into the Senate. as
well as into the House. members who
| Sn4:I IopTeSeut an integral part OF the
! country. such as the District Of CO.
| lumbia. without requiring that such
area shall be for all purposes what
soever precisely like the existing
states. The ony 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.