Evening star., 1941-07-15
GroundIess Fears

the District of Columbia, expressed
by some members of the Senate
Judiciary Committee in explaining
the adverse report on the Capper-
Summers national representation
resolution becomes more difficult to
understand in view OF previous ex-
pressions on this question by those
who have devoted painstaking study
to it.
For instance, in favorably report
ing the resolution last year, the
House Judiciary Committee COM
mented as follows:
This proposed amendment to the
Constitution dealing with the Dis
trict of Columbia is merely an en-
abling provision giving to Congress
the power to provide for the District
of Columbia the sort of government
which in its judgment the District
should have, including the right to
have representation in the House of
Representatives, and to participate
In the election of the President and
the Vice President, with the right
reserved to the Congress to repeal
or modify any grant hereunder Of
right to the citizens of the District
to participate in the Government.
If the proposed amendment should
be adopted there would be no sur
render of paramount Federal control.
1t would not conflict with or disturb
the original arrangement provided in
the Constitution that Congress
should exercise exclusive legislation
in all cases whatsoever over the Dis
trict of Columbia"
The idea of creating a city state"
Is merely another form of expressing
the fear that under the proposed
national representation amendment
to the Constitution, Congress would
lose its exclusive control over the
District. Chairman Summers of the
House Judiciary Committee, who
certainly enjoys the respect of his
colleagues for his knowledge and
reverence of the Constitution, had
this to say last year about this very
point:
THE Federal interest should and
must predominant. But under this
resolution (Capper-SumnerS resolu-
tom there is no chance to create
Federal state and 1 am convinced
the people of the Nations Capita!
can be given freemen's rights to
vote without endangering our Gov
eminent"
Again, the District Committee of
the Senate in favorably reporting a
comparable national representation
amendment in 1922, included in its
report this pointed rejoinder to the
discredited statehood" argument:
THE constitutional provision Civ
ing Congress the power of exclusive
legislation in the seat of govern
ment deprives Congress of the power
to admit the seat of government to
representation in Congress and the
electoral college through the state
hood gate, since full statehood for
the District would destroy the exclu-
-sive 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: much less
can Congress destroy it 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, with
out depriving Congress of the exclu-
sive legislative control of the
District, which the Constitution i'm
poses upon 1t and which, the courts
say, it may not surrender without
specific constitutional amendment.
The pending resolution IS. j. Res.
1881 solves this problem by empower
ing Congress not to admit the Dis
trict to statehood, which would
destroy its power of exclusive legis-
lation, but to grant to District resi-
dents representation like that of
citizens of a State in Congress and
the electoral college with access to
the Federal courts) and no other
powers and attributes of statehood
than those specifically enumerated.
This solution of the problem har-
monies two great American princi-
piles: First, that in our representa-
tive Republic, subject to limitations
and conditions uniformly applied,
all national Americans ought to have
the opportunity to participate in
their National Government, and,
second, the principle laid down by
the forefathers as a national neces-
sity that the Nation through Con-
greSs should have exclusive control
of the Nations Capital"
1t may be that Senator McCarran's
subcommittee will express in precise
language the nature of its fears