Evening star., 1938-04-22
Americanize
The Washingtonian
Why the Constitutional Amendment for D. c.
National Representation Is Permissive,
Not Mandatory.

sentation in Congress and the elec-
toral college the people of all the ter
ritory belonging to the United States
except the District constituting the
seat Of Government OF the United
States.
The constitutional provision giving
Congress the power of exclusive leg
islation in the seat of Government de-
prives Congress Of the power to admit
the seat of Government to representa-
ton in Congress and the electoral COL
lege through the Statehood gate, since
full Statehood for the District would
destroy the exclusive power OF legisla-
ton in the District bestowed upon
Congress by the Constitution. The
courts have held that Congress may
not even delegate this constitutional
power; much less can Congress destroy
1t or surrender it completely.
The problem is to find a way to
give the people Of the District the
representation to which they are en-
titled as national Americans in Con-
gress and the electoral college, with
access to the Federal courts, without
depriving Congress of the exclusive
legislative control of the District,
which the Constitution imposes upon
it and which, the courts say, 1t may
not surrender without specific consti-
tutional amendment.
Harmonizing Two Principles.
"The pending resolution IS. j. Res.
1889 solves this problem of empower
ing Congress not to admit the Dis
trlct to Statehood, which would de-
stroy its power of exclusive legisla-
ton. but to grant to District residents
representation like that OF citizens of
State in Congress and the electoral
college with access to the Federal
courts) and no other powers and at
tributes to Statehood than those spe-
ciflcally enumerated This solution of
the problem harmonizes two great
American principles: First, that in
our representative Republic, subject to
limitations and conditions uniformly
applied, all national Americans ought
to have the opportunity to partici-
pate in their National Government,
and second, the principle laid down
by the forefathers as a national ne
cessity that the Nation, through Con-
gress. should have exclusive control of
the Nations Capital
NO reason appears why Congress
should not approve the proposition to
grant itself this new wholesome power.
logically and equitably rounding out
the existing corresponding constitu-
ti0nal power which it now possesses
in respect to every foot of territory
belonging to the United States except
the District constituting the seat of
Government Of the United States, the
District of Columbia.
Congress Is Empowered, Not Directed.
Adoption of the constitutional
amendment. while it arms Congress
with new power, does not commit
Congress as to when it shall exercise
this power, and the amendment NAV
thus be favored both by those who
urge immediate exercise of the power
as soon as the constitutional amend
ment is ratified and also by those who
wish to relieve Congress from the
shame of this peculiar impotency but
desire to postpone exercise of the
power until the District is better fitted.
in their opinion, to enjoy national
representation.
adoption of the amendment is thus
urged n) from the viewpoint of JUS
tice to the people of the District on
the ground they are now fitted to
enjoy and to meet the responsibilities
Of this right and power, and (2) solely
from the national viewpoint as
cure Of national impotency, irrespec-
tive of the time when for the Districts
benefit the new constitutional power
shall be exercised.
The advocates of S. J. Res. 1873
vigorously contend that the residents
OF the District are now entitled in
population, in resources, in literacy. in
public spirit and in loyal American
Ism to receive this right and power,
and since they cannot enjoy 1t except
as the result of constitutional amend
ment making the exclusive legislation
clause OF the Constitution consistent
with the enjoyment of this right and
power, the Constitution should be at
once amended as proposed in the Joint
resolution. in order that prompt JUS
tlce may be done to the Americans of
the District. The Constitution should
be quickly amended as proposed. and
the power granted to Congress should,
they urge, be exercised at once.
Relieve Shame of National Impotency.
Your committee are convinced
that, irrespective of the present fit
ness or unf1tness of District residents
to enjoy the American right to be
granted by Congress when it ex-
ercises its new constitutional power,
this joint resolution should be prompt
ly passed by tWo-thirds of Congress
and the proposed constitutional
amendment ratified by three -fourths
OF the States, in order to relieve the