Solutions to DC's democratic dilemma usually run in one of four directions: Statehood, Constitutional Amendment, retrocession, or various forms of lump it or leave it. Let's add another: suing Maryland to let District citizens vote for Congress as part of Maryland. Here's why. When Maryland seceded land to the federal government, it specified that it would not diminish any person's rights. When Congress accepted the session, it specified that Maryland and Virginia law would continue unless changed. Living in DC did not automatically cause disenfranchisement. In Constance Green's Pulitzer Prize winning DC history she notes, "On November 11, [1800] voters from Washington journeyed to Bladensburg, Maryland, to cast their ballots in the nation election; Georgetowners and Alexandrians voted in their own cities." P 23. This was the last time DC residents voted for Congress for about 10 years - from retrocession to when Congress moved in. When Congress moved to DC, it was assumed that we lost the vote, but no statute expressly said so. Congress does rule the city's workings, and the referendum on the Home Rule Charter probably ends any argument that the local laws of Maryland have not been superseded. Congressional representation is quite another matter. Congress has never passed a law on the right to vote for the Senate. In the house, our non-voting delegate is either simply a non sequetor or an unconstitutional denial of the right to vote for Congress. The presidential vote is covered by Constitutional Amendment. (Walter Fautroy's Voting Rights Amendment is simply a failed attempt at a law.) As a practical matter, if a suit were brought it would probably wind up in the Supreme Court. The odds of wining there are not great, but it is possible that Maryland might be delighted to have a larger Congressional Delegation and not fight the suit. That's probably wishful thinking, but sometimes living in DC requires just that.

Imported to NARPAC site: Friday, September 26, 1997, 9 PM
Last Updated: Friday, September 26, 1997, 9 PM