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Tue 13 Feb 2007 12:07
by Kevin McGehee
61° and light rain in Coweta County, GA
3 comments
[Courting Disaster] [Yippee-Ki-Yay!]
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H/t the former Juan Non-Volokh:
The research arm of Congress says that legislation to give the District a vote in the House of Representatives is probably unconstitutional, a finding that could jeopardize its chances of passage, officials and analysts said yesterday.
The report by the Congressional Research Service is not binding, and its conclusions reflect what some prominent legal scholars have been warning for years. But it could carry extra weight because the service generally gets high marks for its nonpartisan advice to the House and Senate.
The report, dated Jan. 24 and made public yesterday, declared: “Although not beyond question, it would appear likely that the Congress does not have authority to grant voting representation in the House of Representatives to the District.“
The bill’s chief sponsors, D.C. Del. Eleanor Holmes Norton (D) and Rep. Thomas M. Davis III (R-Va.), have lined up other legal opinions to counter the research service’s conclusions. But the report gives added ammunition to lawmakers who want to torpedo the bill and could signal a court fight if the legislation passes.
The report lands at a time when the D.C. voting rights effort has been gaining momentum. The new Democratic majority in the House has vowed to move quickly on such legislation.» Washington Post: Report Questions Constitutionality of Giving D.C. a Vote
I, of course, questioned the constitutionality back in December.
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