Evening star., 1928-03-10

|
! of Columbia is not made i'll mandatory
| form: why. in short. the District only
/ asks, through this amendment, that
| Congress be empowered to admit 1t to
citizenship status. The answer to this
| question is that the amendment Is
| wordcd in permiSsive rather than
! mandstory form so as to reduce 10 q
minimum opposition to its passage.
| 1t became evident in 1916, when a
mandatory amendment was rejected by
! the Senate District committee. that Con-
greSs would not favor a provision which
| directly and immediately giving this
| status and this representation to the
| District. 1t was then and is now held
that to empower Congress to admit the
| District TO partial Statehood for limited
| purposes is the logical and natural
| procedure, since the Constitution has
| already given to Congress the power
| TO admit to full Statehood all the
territory of the United States except
| the District of Columbia. In 1922 the
amendment in non-mandatory shape
identical with the amendment now
pending-waS approved by the Senate
District committee. which had rejected
the mandatory form six years carrier.
That committee in its report favor
ing the adoption of the amendment
stated:
This resolution thus proposes: tl A
new constitutional power for Congress;
~ new right and power for resi-
dents Of the District, to be enjoyed
when ConereSs in its discretion shall
exercise its new constitutional power.
New Power for Congress.
Il. The new constitutional power for
inl, &c fC
TO grant national voting representation
to residents of the District In House,
Senate and electoral college. with ac-
cess to the Federal courts. without de-
priving Congress of the power of en-
elusive legislation over the seat of gov
ernment given by section 8. article l.
of the Constitution: without making a
State of the District. and without
granting to residents of the District
any other privileges, powers and at
tributes Of citizens of State :han
those specifically enumerated.
- The privilege, right and power 10
be enjoyed by residents Of the District,
when the amendment shall have been
ratified and when the new power Of
Congress shall have been exercised. is
voting participation by the District
residents on American principles in the
National Government which taxes them.
makes all laws for them and sends
them and their sons to war: and access
like that of citizens of a State to The
Federal courts. their relation 10 which
is now. the United States Supreme
Court has said. on a lower plane than
that of aliens.
Ratification of the proposed consti-
tutional amendment will thus cure the
impotency of Congress to grant ma
tional representation to any part Of the
territory belonging to the United States
by extending this power to the District
constituting the seat of government of
the United States. and will tend to
cure the tInpotency of the District to
Darticipate on American principles in
the National Government
Curing Twofold Impotency.
'fYour committee are convinced that
both impotencies should be cured, that
OF Congress at once. and that OF the
District at the fitting time in the future
in the Judgment of Congress We
agree that Congress should not be
impotent to grant national representa-
ton 10 any group of Americans qualified
under the usual tests for such repre-
sentation. And we agree that the Dis
trict people should not be impotent to
participate like other Americans in the
national councils after demonstration of
fitness in population. resources, and
other American attributes. provided
such representation can be secured
without destroying or impairing the
power Of exclusive legislation in the
District now possessed by Congress We
are convinced that adoption of S. j.
Res. i33 and ratification of the con-
stitutional amendment proposed by 1t
will result in curing both inpotencies.
without disturbing in the least the eX-
elusive legislative power OF Congress In
the District
we see no reason whatever why
Congress should not approve this grant
10 itself of new constitutional power.
extending its existing powers on logical
and equitable lines. without committing
Congress as 10 when or how II shall
exercise this power.
Rounding Out Powers Of Congress.
Under the power TO admit new
States and 10 regulate territory belong
ing 10 the United States Congress now
has the power to admit TO representa-
ton in Congress and the electoral col
lege the people Of all the territory be-
longing 10 the United States except the
District constituting the seat OF govern
ment Of the United States.
The constitutional provision giving
Congress the power Of exclusive iegisia-
ton in the seat Of Government deprives
Congress Of the power 10 admit the seat
Of Government 10 representation in Con-
gress and the electoral college through
the statehood gate. since full statehood
for the District would destroy Tic ex-
elusive power Of legislation In The Dis
trict bestowed upon Congress by the
Constitution The courts have held that
Congress may not even delegate This
constitutional power: must less ran
Congress destroy II Lr surrender IT COM
pleteiy.
The problem is to find way TO give
the people Of the District the repre-
Sentation To which they are entitled as
national Americans In Congress and the
electoral college. with access 70 the Fed
eral courts, without depriying Congress
of the exclusive legislative control of the
District, which the Constitution i'm
poses upon II and which. tl,e courts say,
II may not surrender without Siacific
constitutional amendment
Iiarmonizing Two Principles.
THE pending resolution rs. J. Res.
1889 solves this problem of empowering
Congress not 10 admit the District 10
statehood, which would destroy It's poW-
er OF exclusive legislation. but 10 grant
10 District residents representation like
that of citizens Of State In Congress
and the electoral college tWitn access 10
the Federal courts) and no other pow
ers and attributes of statehood than
those specifically enumerated. This So
luton Of the problem iTernloflizes two