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election law national politics & policies Voting

Lost Their Bearings

Paul Jacob on a woefully weak defense for an awful law.

“Washington, D.C. should have every right to set its own rules and policies, just as Vermont does,” argues Sen. Peter Welch (D‑VT). “The micromanagement by congressional Republicans and Trump must end.”

First, the District of Columbia is not a state. Vermont is, if you’re playing at home. 

Second, Congress and the President have constitutional authority and responsibility for our nation’s capital. Article 1, Section 8, Clause 17 of the U.S. Constitution specifically empowers Congress “To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of Government of the United States …”

Sen. Welch’s comments above, from last week’s Washingtonian magazine article, were in defense of the noncitizen voting law passed by the D.C. City Council, which every Republican in the U.S. House — joined by 56 Democrats — voted to repeal. (Senate action awaits.) The Vermont senator was featured because three Vermont cities also allow noncitizens to vote.

I oppose the laws in those three Vermont cities as well as in our nation’s capital. But Washington, D.C.’s law is the worst. 

Why? It allows noncitizens in the country illegally to vote. It offers the vote even to foreign nationals working in the embassies of hostile powers. For instance, China’s and Russia’s ambassadors could decide who the next mayor is … or pass or defeat ballot measures. 

Make any sense? Not a lick.

One new local D.C. officeholder is Mónica López. She is not really a “noncitizen,” just a citizen of Mexico. And one of three non‑U.S. citizens who were elected to Washington’s powerless neighborhood advisory council.

“It’s incredibly local,” López offers. “It has no bearing over anything federal.”

Really? None? She’s in a federal enclave, where the feds do their million-​billion things, and what she’s up to has no bearing on it?

This is Common Sense. I’m Paul Jacob.


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One reply on “Lost Their Bearings”

The point of a DC was exactly to remove the federal capital from every constituent state, so that none of them would exercise an influence peculiar to containing it. 

If the sentiment is overwhelming that the citizens in DC ought to have a vote, then the proper resolution is to dissolve the District, returning its territory to the contributing states, Maryland and Virginia, and thus placing its residents in the jurisdictions of those states. Of course, for purposes of governance, the city of Washington would then become two cities, not unlike Kansas City. 

Barring just that resolution, citizens of the US who want the prerogatives of being citizens of a constituent state should establish a primary residence in one of them. 

For now, I suggest that Congress should outlaw cake in the District of Columbia, so that its residents can neither have it nor eat it.

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