Evening star., 1940-08-02
The First Hurdle

The First Hurdle
The House Judiciary Committee is
to be congratulated upon its over
whelming decision, by a vote of
fourteen to three, to report favor
ably the Summers resolution.
This action clears the first hurdle
In the path that leads to full
sAmericanization of the District of
Columbia.
1t represents reaffirmation of
basic principle of our system of
government: That governments de-
rive their just powers from the
consent of the governed"
1t provides new impetus to the
fast-growing sentiment in Congress
to wipe out-now and for all time
slurring and unjust discrimina-
. tion against the patriotic American
citizens who make their homes in
the Capital of the United States.
While the opinion which led to a
last-minute change in the original
Summers resolution is entitled to
respect, the logic and the wisdom
of the change are questionable.
For the effect of the change is
markedly contradictory to the whole
spirit and philosophy of the Sum-
ners resolution. When the House is
given an opportunity to vote on the
amendment, it is to be hoped that
the original language will be
restored
The change is this: The original
Summers resolution conferred upon
Congress the power to give the peo-
pie of the District representation
in the Congress" no greater than
that of the people of the States.
The changed form restricts this
power and ties the hands of future
Congresses by saying that Congress
may give to the people of the Dis
trict representation in the House
OF Representatives." no greater than
that of the people of the States.
The change is unfortunate and is
undesirable for several reasons:
ID The philosophy of the Sum-
ners resolution, as originally writ
ten, is to reaffirm the exclusive
power of Congress in the District
of Columbia, but to enlarge that
power by adding to it. That new
power is to extend to the people
of the District, representation in
Congress and the Electoral College
when, as and if Congress decides;
not representation merely in one
branch of the exclusively controlling
Congress. The amendment is merely
permissive; an enabling act confer
ring upon Congress powers which
are to be exercised, not through the
arbitrarily limited framework of
a constitutional amendment, but
through subsequent legislation sub
oject to amendment and repeal as
the judgment of Congress and the
changes of the times may suggest.
A later Congress should possess the
power to decide whether the District
is to have two, one or no Senators
in Congress- Why seek to impair
this po1Der, sought through a broad,
permisSiUe constitutional amend
ment, expressed in general terms
appropriate for inclusion in the Con-
stitution, 1Uherein neither house OF
aCongreSS is no1D giUen more reSpon-
Sibility or potper than the other in
District affairs?
:, CD The Summers amendment, in
original and in revised form, confers
upon Congress the power to give the
people of the District representa-
tion-not exceeding that of the
States-in the choice of presidential
and vice presidential electors; in
other words, to vote in national
elections. The Constitution pre-
scribes the number of such electors
as being equal to the aggregate
representation of the State in Con-
gress. The changed Summers amend
ment, by arbitrarily debarring
District representation in the
SGIldJe, llkcWlSe IGSGIlCIS dIlu duGO-
matically reduces the Districts
potential representation in the Elec-
toral College. That is not in keeping
with the spirit of the Summers
amendment.
go Perhaps the Senate should
have the deciding voice in the matter
Of empowering Congress to choose
whether the District is to be repre-
sented in the Senate, The Senate is
yet to be heard. Twice in the past the
Senate District Committee has met
the argument against possible rep
resentation in the Senate, first in
reporting favorably in 1922 on the
Jones amendment giving Congress
power to permit the election of lone
or two Senators, as determined by
the Congress-" and again in reaf-
firming that report in 1927. The
Senate committees argument in this
connection Is so important now as
to justify the lengthy quotation
which follows:
"It remains to consider an objec-