Evening star., 1938-04-24

Doth 1mpotencies 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
oe lmpotent to grant national repre-
sentation to any group of Americans
qualined 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
ulation, resources and other Ameri-
can attributes, provided such repre-
sentatlon can be secured without de-
stroying or impairing the power of
exclusive legislation in the District
now possessed by Congress. We are
convinced that adoption of S. j. Res.
1873 (now S. j. Res. l3 and H. J.,
Res. 232) and ratification of the con-
stltutional amendment proposed by it
Will result in curing both impotencies,
without disturbing in the least the
exclusive Legislative power Of Congress
in the District.
We 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
committing Congress as to when or
how it shall exercise this power.
Rounding Out Equitably Powers Of
Congress.
Under the power to admit new States
and to regulate territory belonging to
the United States, Congress now has
the power to admit to representation
IN Congress and the electoral college
the people of all the territory belonging
to the United States. except the Dis
trlct constituting the seat OF govern
ment OF the United States.
The constitutional provision giving
Congress the power of exclusive legis-
lation 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 repre-
sentation to which they are entitled as
national Americans in Congress and
the electoral college, with access to the
FEDERAL Courts, without depriving Con-
gress OF the exclusive legislative control
OF the District. which the Constitution
imposes upon it and which, the courts
say 1t may not surrender without spe-
chic constitutional amendment.
Harmonizing Two Vital American
Principles.
The pending resolution solves this
problem by empowering Congress not
TO admit the District to statehood
which would destroy its power of ex-
elusive legislation, but to grant to Dis
trict residents representation like that
OF citizens of State in Congress and
the electoral college with access to
tne Federal courts) and no other DOW
ers and attributes of statehood than
those specifically enumerat ted. 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 Ameri-
cans ought to have the opportunity
to participate in their National Gov
eminent, and. second. the principle
laid down by the forefathers as a ma
tional necessity, that the Nation,
through Congress, should have exclu-
sive 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 round
ing out the existing corresponding
constitutional 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 amend
ment, while it arms Congress with q
new power, does not commit Congress
as to when it shall exercise this power,
and the amendment may thus be
favored both by those who urge imme-