Evening star., 1938-04-22

the question mas from Time 10 Time
been asked why the constitutional
amendment Capper- proposed
for the grant OF national representation
to the District of Columbia is not made
in mandatory form: why, In short, the
District only asks through this amend
ment. that Congress be empowered to
admit it to citizenship status. The
answer to this question is that the
amendment is WorGed in permisSive
rather than mandatory form so as to
reduce to minimum opposition to its
passage.
1t became evident in 1916 when q
mandatory amendment was rejected by
the Senate District Committee, that
Congress would not favor a provision
which directly and Immediately gave
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 State
hood for limited purposes is the log
ical 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 nom mandatory shape-identical
with the Capper-Norton amendment
now pending-was approved by the
Senate District Committee, which had
rejected the mandatory form six years
earlier.
\That committee in it's report favor
ing the adoption of the amendment
stated:
This resolution thus proposes: %
A new constitutional power for Con-
greSs. (2) new right and power for
residents of the District. to be enjoyed
when Congress in its discretion shall
exercise its new constitutional power.
New Power for Congress.
q. The new constitutional power
for Congress which is sought is the
power to grant national voting repre-
sentation to residents of the District
in House. Senate and electoral college,
with access to the Federal courts.
without depriving Congress of the
power of exclusive legislation over the
seat of Government given by section 8,
article I, of the Constitution: without
making a State of the District, and
without granting to residents of the
District any other privileges, powers
and attributes of citizens of State
than those specifically enumerated
2. The privilege, right and power
to be enjoyed by residents of the Dis
trict, 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 rela :
ton to which is now. the United
States Supreme Court has said, on a
lover plane than that of aliens
"RatificatiOn of the proposed con-
stitutiOnal amendment will thus cure
the impOtency of Congress to grant
national 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 impotency Of
the District to participate on America n
principles in the National Govern
ment.
Curing Twofold Impotency.
Your 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 fu-
ture in the judgment of Congress We
agree that Congress should not be
impotent to grant national represen-
tatlon to any group of Americans
qualified under the usual tests for
such representation. And we agree
that the District people should not
be impotent to participate like other
Americans in the national councils
after demonstration of fitness in pop
ulatlOn, resources, and other Amer
lean attributes, provided such repre-
sentation 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.
1873 and ratification of the constitu-
tional amendment proposed by it will
result in curing both impotencies,
without disturbing in the least the
exclusive legislative power of Con-
gress in the District.
I'VE see no reason whatever why
Congress should not approve this grant
to itself Of new constitutional power,
extending its existing powers on logical
and equitable lines. without commit
ting Congress as to when or how it
shall exercise this power.
Rounding Out Powers of Congress.
Under the power to admit new
States and to regulate territory be-
longing to the United States Congress
now has the power to admit to repre-