Expand the House to 437, Give DC a Vote

This is a plan I wholeheartedly endorse:Del. Eleanor Holmes Norton (D-D.C.) is teaming up with U.S. Rep. Thomas M. Davis III (R-Va.) to introduce a bill that would for the first time give the District a full vote in Congress, a sign of bipartisan cooperation that advocates of D.C. voting rights hailed as a breakthrough.

The legislation, set to be unveiled at a news conference today, would expand the House from 435 to 437 seats, giving a vote to the District as well as a fourth seat to Utah, the state next in line to enlarge its congressional delegation based on the 2000 Census. It looks like this plan is going to pass, which is excellent. It accomplishes two goals that I have long supported: a full voting representative from DC in the House, and a permanent increase in the number of representatives in Congress. The bill had first been floated a year or two ago, but key changes this time around have made it more palatable for some Democrats and for some states worried about losing seats after 2010: Davis and Norton declined yesterday to reveal details of the legislation. Sources familiar with the negotiations said the bill is likely to look very much like Davis's original proposal, with two significant changes.

The first would address Democratic concerns by making Utah's new seat a statewide position, rather than creating another congressional district. Utah now has three House members, including one Democrat, Jim Matheson. House Democrats had worried that Utah Republicans, who control the statehouse, would use the extra seat to reconfigure the congressional districts and push Matheson out of his job. By making the fourth seat an at-large position, the three existing districts would remain intact.

The second expected change would make the expansion of the House permanent rather than temporary. Collapsing the House back to 435 members would have forced a state with a declining population to sacrifice a representative to the District. If successful, this bill would take effect for the 2006 elections. Considering where the seats would be added, DC and Utah, which happen to be the safest Democratic and Republican areas of the country respectively, it would be safe to assume a that each major party would add one more seat. Thus, Democrats would still need exactly fifteen seats in order to retake the House. The only real negative I can think of is that it would add a free electoral vote to Republicans in the 2008 Presidential election, but considering the other benefits the plan offers, that is a compromise I can more than live with.

Personally, I would love to see Puerto Rico either become a state or an independent country, DC gain Senate voting rights, and the House expand to around 1,200 members (at least two for every state), but this is a fine sign of progress. Free DC!

Tags: DC-AL, election reform, House 2006, UT-AL (all tags)

Comments

44 Comments

a question:

How is either provision legal?  Doesent the constitution prohibit a voting rep coming from a nonstate, and also give the state legislatures the sole power of determining how (i.e., districts/statewide) it elects its reps?

I am in favor of this, but I don't see how congress has the power to do it.  could someone who is actually smart w.r.t. constitutional law explain this to me?

by Valatan 2006-05-11 07:45AM | 0 recs
Re: Expand the House to 437, Give DC a Vote

If this passes, say goodbye to Matheson in UT-02. He'll be redistricted out of office and Salt Lake City will literally be drawn and quartered to dilute its blue voters.

by edgeplot 2006-05-11 07:47AM | 0 recs
Re: Expand the House to 437, Give DC a Vote
Read the artcle again. The new Utah district will be at-large throughout the state. No redistricting until 2010.
by Chris Bowers 2006-05-11 09:14AM | 0 recs
Re: Expand the House to 437, Give DC a Vote

At large districts are unconstitutional. They'll have to redistrict.

by edgeplot 2006-05-11 09:28AM | 0 recs
Re: Expand the House to 437, Give DC a Vote

I fail to see where they are unconstitutional.  The Constitution states how Congressional seats are distributed, but does not appear to say anything on the legality of "at-large" seats, from what I can read.

The only problem I see with it is that the State is supposed to determine the districting, and this bill would not do that - unless the Utah Legislature were to agree to this as a condition of the law actually going into effect.

by Phoenix Rising 2006-05-11 11:20AM | 0 recs
Re: Expand the House to 437, Give DC a Vote

My Bad.  The Constitution gives to the House the power to determine the wherefores of House membership, within the other parameters of the Constitution.

Therefore the at-large seat would not be a problem

I fail to see how they'd give DC a seat.  Considering the District's Constitutional status, they can't even vote it in as a State...

by Phoenix Rising 2006-05-11 11:53AM | 0 recs
Re: Expand the House to 437, Give DC a Vote

Aside from the fact that Utah's rep would be an at-large seat, never underestimate the power of the Matheson family in Utah politics.  

Jim's father, Scott, was an extremely well-loved governor of Utah - he served multiple terms as a Democratic governor of a majority Republican state.

Also, the Utah legislature has already tried jerrymandering Jim Matheson out of his seat, and failed quite miserably.

by DCFD Rudi 2006-05-11 09:33AM | 0 recs
Re: Expand the House to 437, Give DC a Vote

Would be a nice plan if a huge chunk of it were not completely unconstitutional. I am speaking not of the DC part (which I support 100%), but on the Utah provision. Adding an at-large seat to the Utah delegation is unconstitutional, it will give each citizen of Utah double representation than what they currently have and what any other citizen in any other state has in the US House. Sadly, they have to assign this new seat a district to serve, meaning they will have to re-apportion Utah. I hate to see that, but the way you explain it that plan is unconstitutional. Hell, I would take it to court, on behalf of the state of Montana, which desperately needs 1 more Rep (we have 1 for the whole state, the 4th largest state in the union, not to mention the fact that Denny Rehberg is a known Horses Ass.) because Utahans would have more representation than any other people in the country. Each citizen gets to be represented by 1 house member. That is it! No more, no less.

by mtdemocrat99 2006-05-11 07:49AM | 0 recs
Re: Expand the House to 437, Give DC a Vote

This is blatantly unconstitutional.  The SCOTUS already ruled on this when one of the deep south states wanted to go to all at-large seats (can't remember the case name).  If it changes to become a 4th district in Utah, Matheson is gone and GOP will be up 2 more seats they don't currently have.

Regardless, the House should at least be 500 members, even 600.

by eeor 2006-05-11 07:55AM | 0 recs
Re: Expand the House to 437, Give DC a Vote

I still think the Utah part is bogus. Utah will get a new seat in 2012. Wait your turn like everybody else, Mormons!

Just snarking.

As for DC, I think it's a nice idea on many levels. Not only does it give them a VOTING voice in the House (in the Senate too???), but it might make African-Americans feel more represented and give a boost to black power in American politics.

If this were to pass, DC would get one at-large district (Holmes would probably run for it, her first time as an actual Congresswoman!), and Utah would probably go with the "alternative" 4-member map from 2002 that they would have used if the Court had given them that extra seat.

Utah's new map (if it is the same as the alternative map from '02) is interesting as it creates a new district entirely within Salt Lake County. Jim Matheson (D) would probably fare better there than in the new 2nd district which would be even more rural and conservative. His base is in Salt Lake City anyway, and the new 4th would likely be much more Democratic. Thus, I would see Utah as going this way:

1. Rob Bishop (R)

  1. New Republican?
  2. Chris Cannon (R)
  3. Competitive, but favoring Jim Matheson (D)?

Would this plan take effect in time for the 2006 elections, or 2008? Utah has already had its filing deadline, so perhaps 2008.

by Ament Stone of California 2006-05-11 08:00AM | 0 recs
Re: Expand the House to 437, Give DC a Vote

Matheson also has a big voter base in central Utah, where his family has a huge presence (they've farmed in the area for many generations).  

But still - with the at-large nature of this fourth seat, the point is somewhat moot.

by DCFD Rudi 2006-05-11 09:35AM | 0 recs
Re: Expand the House to 437, Give DC a Vote

You are wrong on this. Actually we lose a seat overall. We gain a safe seat in DC, but by giving Utah 4 seats instead of 3 it will be gerrymandered so we LOSE the 1 democratic seat we have now in Utah in addition to giving the Republicans 1 for free.

The only solution that will solve the DC issue is STATEHOOD. This would give the Democrats 2 Senators and a Congressperson.

By the way, more people live in DC then in Wyoming. I think a better option would be to just take the senators and congressperson from Wyoming and give them to DC instead.

by OsoDelMar 2006-05-11 08:13AM | 0 recs
Re: Expand the House to 437, Give DC a Vote

The Utah Repubs tried to gerrymander Jim Matheson out of his seat 4 years ago without success so I am not especially concerned about that outcome.  Besides, it is an at large seat so the current Utah lines would not change.

The very important upside is that people living in DC, who pay US taxes, will finally have representation in Congress.  

by John Mills 2006-05-11 08:31AM | 0 recs
Re: Expand the House to 437, Give DC a Vote

It is a matter of simple justice and, frankly, of ending racism, that DC should have voting rights in both the House and Senate.  Does anyone really think that if DC was, say, 90% white, that it would not have achieved voting rights years ago?

By the way I'm a DC voter and taxpayer.  Anytime the feds want to stop taxing us is when they will have any moral authority to deny voting rights to us.

by howardpark 2006-05-11 08:22AM | 0 recs
Re: Expand the House to 437, Give DC a Vote

In an ideal world, I think DC should effectively become part of Maryland for Congressional, Senate, and Electoral College purposes, but this won't ever happen.  This plan is at least a step in the right direction towards recognizing the lack of representation DC has, but it has some problems.  For one thing, as others have posted above, giving Utah an at-large seat is unconstitutional.  What they should do is give DC a seat for 2006 and add a couple of dozen seats to the whole of Congress for 2012.

I also support statehood or nationhood for Puerto Rico, but I don't know what the status of that is these days.

by asearchforreason 2006-05-11 08:24AM | 0 recs
Re: Expand the House to 437, Give DC a Vote

Puerto Rico voted a few years ago and statehood was just narrowly rejected. I would love to see Puerto Rico as a state. If I'm not mistaken, it would get as many Congresspeople as Connecticut (five) if it were to become a state. I'm not sure whether Puerto Ricans want that; it's actually kinda sweet being a territory in some ways. But I'd sure like it. Hispanics gain representation, Democrats (probably) gain at least some representation, and Americans finally figure out that Puerto Rico is part of America, not a foreign country! (You'd be amazed how many people don't know that).

by Ament Stone of California 2006-05-11 08:27AM | 0 recs
It's nice to see no one reads anything

1. Utah will not get a new district or redistricting. This bill would add a temporary "at large" seat until the next Census.

2. I don't care if your state has all the land in the universe, if it doesn't have the people it doesn't get an extra vote. Montan may be very nice, but the rocks don't deserve representation. Meanwhile Utah will get another seat in 2012 due to population.

Sheesh. Read stuff people.

by ElitistJohn 2006-05-11 08:25AM | 0 recs
BTW

By temporary I mean the "at large" part. Not the seat. Utah will get thats eat in 2012 regardless.

by ElitistJohn 2006-05-11 08:26AM | 0 recs
How do you vote?

Who votes for the at-large seat and who votes for the district Reps.? You can't vote for both and have it be kosher.

I'd also like to see Utah go to an elecoral system like Maine (split electors by district) if they get an extra electoral vote - it's only fair.

by joejoejoe 2006-05-11 09:24AM | 0 recs
Re: Expand the House to 437, Give DC a Vote

As a former DC resident, this is a great victory for the District.  I suspect that finally having competent government under Anthony Williams has smoothed the way for this to happen.  Big kudos to Eleanor Holmes Norton who has been fighting for this for a long, long time.  

This is is an important step towards DC statehood.  Too bad it has to be incremental but it is what it is.  Do they now remove TAXATION WITHOUT REPRESENTATION, which I love, from license plates?

by John Mills 2006-05-11 08:25AM | 0 recs
Re: Expand the House to 437, Give DC a Vote

Well, it hasn't passed yet. But I imagine that if DC did become a state, the license plate would change...wanna audition some ideas, folks?

How about "FINALLY!" on the new license plates?

by Ament Stone of California 2006-05-11 08:29AM | 0 recs
Re: Expand the House to 437, Give DC a Vote

As long as they don't go back to the lame "Celebrate and Discover" slogan they had in the 1990s when I lived there.  Yuk!!!

by John Mills 2006-05-11 08:33AM | 0 recs
Re: Expand the House to 437, Give DC a Vote

Go for the Senators and make it "Taxation With Full Representation"?  Kind of lacks the right ring to it.

PS- Adding an electoral vote to Utah does not change the electoral college for practical purposes.  A candidate still needs 270 electoral votes to win (just 270 out of 539 not 538).

by David Kowalski 2006-05-11 08:32AM | 0 recs
Re: Expand the House to 437, Give DC a Vote

A candidate will still need 270 to win, but the Republican candidate will (probably) have one more elector towards that 270 from Utah. Therefore, it the Democrat gets 269, the Republican would win, instead of getting an Electoral College tie (which the Democrats would win if they retake the House in 2006).

by alex hill 2006-05-11 09:36AM | 0 recs
At-large seats

Do any other states have "at-large" representation in Congress?

by LiberalFromPA 2006-05-11 08:45AM | 0 recs
Re: At-large seats

Yes. Wyoming, Alaska, South Dakota, North Dakota, Delaware, and Vermont each only have one seat in the House.

by Ament Stone of California 2006-05-11 08:51AM | 0 recs
Re: At-large seats

And Montana.

by edgeplot 2006-05-11 09:32AM | 0 recs
Re: At-large seats

Only states with so little population that they only justify one member of Congress such as Wyoming, Vermont, Montana, the Dakotas.

I suspect the posts above are right that this will violate the one man, one vote rulings of the past.  That is an even better outcome because if the Utah at large seat is thrown out but the DC seat stays, we gain a seat.

by John Mills 2006-05-11 08:52AM | 0 recs
Re: At-large seats

my bet, based on pure politics, is that in the end the Roberts court strikes down the DC rep and keeps the Utah rep, but with immediate redistricting.

by benchcoat 2006-05-11 11:50AM | 0 recs
Exanpd house seats to 1200?

Are you insane?!

Or are you just kidding?

The ramifications of adding that many people to that chamber would make a rank and file member useless. Committees and floor activities would be more controlled by the Party leadership than it is now.

It would weaken the chamber further against the Senate and President.

Damn folks...think these things through first...

by Nazgul35 2006-05-11 08:48AM | 0 recs
Re: Exanpd house seats to 1200?

I am not sure that I would expand the House to 1200 but I do think the size needs to be increased.  One of the problems today is that in past 40 years the number of people a Congressmember represented has doubled from about 300K to over 600K.  That means that Congressmembers have much less interaction with the average voter because they represent so many more people.  Expanding the House and decreasing the size of districts would make Congressmembers closer to their constituents and more accountable.  Another benefit is that it should decrease the cost of campaigns opening up the process to more people.

The idea has a lot of merit but making it happen is tough.  Most people dislike Congress so the idea of expanding is not something they tend to support.

by John Mills 2006-05-11 08:59AM | 0 recs
So you get members closer to their constituents

at the same time you increase the power party leaders, a stronger Senate and a stronger Executive?

by Nazgul35 2006-05-12 09:09AM | 0 recs
Re: Exanpd house seats to 1200?

I took this to be a joke...

by skeptic06 2006-05-11 09:05AM | 0 recs
Re: Exanpd house seats to 1200?

You may be right skeptic06 but I do believe the idea of expanding the House is a good one.  Too bad it is unlikely to happen.

by John Mills 2006-05-11 10:36AM | 0 recs
Largely Symbolic - Support Statehood instead

This actually does very little for DC. The main beneficiary is probably Del. Norton herself. The real problem in DC is a lack of democracy in running the city. The decisions of DC's elected city government can be overridden by the Congress of the United States. There have been times when this has actually happened in the past, if I remember correctly, one instance of this was when the Congress stopped DC from implementing a needle exchange program. While it is true that DC residents pay taxes and don't have a vote in congress on federal issues, getting a vote would be a largely symbolic act. One vote out of 537 (and no Senate votes) will hardly affect federal policy either way. And the more egregious ill, federal control over local DC policy, will remain. In fact, statehood may be set back because people will think DC's issues have been solved.

State government policies can not be so blatantly overriden as DC's government policies can be. So the only guarantee of true democracy and independence for DC is to become a state. Becoming a state is very easy under the Constitution and of course has many precedents. What is being attempted here in giving DC only 1 vote in the House, as well as nothing in the Senate, is sort of a bizarre procedure that might be of questionable constitutionality.

For a detailed description of the difference between statehood and just representation, read this article by Sam Smith, a longtime statehood proponent: http://prorev.com/dcrep.htm

I think that if you look into the issue more thoroughly, you will conclude statehood makes more sense. (I would go so far as to argue that merging DC into Maryland or Virginia even makes more sense than what is proposed here).

The arguments against statehood are weak. One would be an argument against increased, "unfair" Democratic political power. This of course will only be made by Republicans who aren't particularly interested in democratic representation when it doesn't suit their ends. Let Democrats enact it over their objections when Democrats obtain power. Another argument is that 50 states is a nice even number. So it is, but is that really important than real democracy for DC residents? Another argument is that a state shouldn't have "control" over the federal buildings in DC. This argument doesn't hold water as there are federal buildings in states across the country, including federal agencies headquartered in Maryland and Virginia.

by conman9 2006-05-11 08:50AM | 0 recs
Re: Expand the House to 437, Give DC a Vote

I have been reading constitutional analysis from Election law experts, and the at large provison is NOT unconstitutional.  See inter alia here.

I also wrote a post on my blog today about how this won't hurt Jim Matheson, and could even help him win a Senate seat in 2010 or 2012.

As a Utahn, I have to say we got screwed in 2000.  The Census didn't count temporarilly out of state LDS missioniares and so our seat went to North Carolina.  Jim Matheson's district in 2002 represented over 730K.  At the rate of growth for this state, it is probabbly close to 800K now.  That's way bigger than say RI districts.

This is a good deal and Democrats should support it in the House.

by DaveB 2006-05-11 09:03AM | 0 recs
Re: Expand the House to 437, Give DC a Vote

So, I guess the idea is, for now Utah would have its 3 districts plus one that's statewide, and then in 2012 it's redistricted to have 4 congressional districts, none of them statewide?

Put another way, this bill would make Utah as follows:

1. Rob Bishop (R)

  1. Jim Matheson (D)
  2. Chris Cannon (R)
New At-Large. ? (R)

But then in 2012, four congressional districts, none statewide.

by Ament Stone of California 2006-05-11 09:07AM | 0 recs
Re: Expand the House to 437, Give DC a Vote

Exactly.  The other idea is that a 4th district making up the south part of SL County and northern part of Utah County, which the state legislature already approved when they thought their SCOTUS challenge might work.  They could dust off this plan and I have good information from Matheson himself that he would run in that new 4th and beat the pants off of any GOPer.

Really, either way it is a wash for the Dems with the added bonus of giving DC voters (mostly African-Americans) the right to vote.

by DaveB 2006-05-11 09:15AM | 0 recs
One thing...

...due to population growth in Utah, they are going to get a fourth seat anyways in 2012.  Except instead of a new one, it would come from another state that is shrinking, or at least growing slower than the average.

However, this strikes me as being unconstitutional, and could backfire with Utah getting restricted and DC losing thier seat.  I think we need another consitutional amendment to make this happen (which means it's not going to).

by Geotpf 2006-05-11 02:46PM | 0 recs
Re: Expand the House to 437, Give DC a Vote

Are they honestly proposing that Utah's citizens each be given two Representatives in the House for four years while the rest of us continue to have only one?

by jhupp 2006-05-11 09:14AM | 0 recs
Re: Expand the House to 437, Give DC a Vote

Brad Smith Clinton appointed ex-FEC commissioner says:

"The Constitution leaves it to the states to decide how to vote for members of Congress, with provision for Congressional override, which Congress has used to mandate single member districts for over 150 years.  But absent that legislation, states are largely free to decide how to elect their members.  The issue would be the Reynolds line of cases.  But note that no citizen of Utah will have a lesser voice than any other, so Reynolds only becomes a problem if it is extended across state lines.  That seems to me a most dubious proposition, not in the least because it would necessarily mean that Reynolds prohibits, as a Constitutional matter, at-large congressional districting (even if mandated across every state by Congress), and essentially makes single-member districts mandatory under the Constitution.  Further, if the Reynolds logic is going to be used to hold that the 14th Amendment overrides Art. 1 of the Constitution on this issue, why not use it to override the Constitutional requirement that each state get at least one representative?  I see no reason why, if we are holding that the 14th Amendment mandates "one person/one vote," and in doing so overrides explicit portions of the Constitution to the contrary, it would not also override Art 1, §2, Cl. 3.  After all, unlike equal suffrage in the Senate, the Constitution does not require the consent of a state to strip it of its mandatory House seat - a constitutional amendment ratified by the necessary 3/4ths of the states does the job, regardless of whether or not Alaska or Vermont, etc. agrees. I just don't see this happening, and it shouldn't happen, as a matter of respectable constitutional interpretation.

I would think the bigger constitutional question is whether Congress can, by legislation, give the District of Columbia a full vote in the House.  Art. I, §2, specifies that the House 'shall be composed of Members chosen every second Year by the People of the several States.'  Remember, it took a constitutional amendment to give the District representation in the Electoral College."

by DaveB 2006-05-11 09:18AM | 0 recs
Re: Expand the House to 437, Give DC a Vote

Which brings us back to why this is a bad idea. The extra seat in DC will be declared unconstitutional yet the Utah seat will stay. No a good plan for us. STATEHOOD is the only answer. And it is a bad idea to join DC to MD or VA. DC can manage itself. Particularly if they have 2 senators and a congressperson representing them. Norton is one of the best representatives on the hill - and she doesn't have a vote! (except in ties)

I stand corrected on my earlier post that said the Republicans would gain 2 seats to the Dems 1. It does look like a 1 to 1 exchange after looking at the new proposal. I was thinking of the last time they proposed this.

by OsoDelMar 2006-05-11 11:54AM | 0 recs
Re: Expand the House to 437, Give DC a Vote

Do you live in DC? Because I have, and I must say that the District cannot handle governing itself.  Maybe it is because Congress is always looking over its shoulder, but DC has a well-earned reputation for incompetence in bureaucracy.  [not the malicious Bush Administration kind]

One of a million examples, when I lived near the DC-MD boarder, the MD side of Western Ave got plowed  well before the DC side.  DC has crappy prisons, hospitals, schools, and any other kind of imaginable state-services. You think making it a state will magically solve all of that?

The truth is, MD or VA don't want to deal with DC's crap.

As for the DC part being declared unconstitutional, I doubt it.  Brad Smith was referring to voting in presidential elections not the Congress.

by DaveB 2006-05-11 12:35PM | 0 recs
Re: Expand the House to 437, Give DC a Vote

That's a really undemocratic reason. The citizens of DC don't get full control of their government because their government is in many ways incompetent? (on the incompetence I mostly agree with you).

This line of argument carried forth could be used to say that the federal government should take over functions for state government when the state government is incompetent, or that state government should take over for city government. It bears some similarity to the idea that the decisions of foreign electorates must be corrected by U.S. might, say, if an Arab country elected an Islamist government or a Central American country elected a left-leaning government.

Statehood won't magically solve the DC government's problems. Nothing will magically solve them. But one of DC's big problems is a persistent structural deficit. If DC were a state it would be eligible for the federal block grants and other federal spending that states receive.

by conman9 2006-05-11 02:15PM | 0 recs

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