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The 15th amendment to the Constitution provides: "The right of citizens of the United States to vote shall not be denied or abridged by the United States or any State on account of race, color, or previous condition of servitude.”

The 19th amendment provides: "The right of citizens of the United States to vote shall not be denied or abridged by the United States or any State on account of sex."

There is nothing in the Constitution declaring that the right of citizens of the United States to vote shall be denied or abridged on account of residence in the National Capital. The citizens of the District have an absolute and constitutional right to exercise suffrage, but no machinery has been set up, and District residents are without legal residence in a State. We find ourselves in this position because the Constitution failed to give any political status to us and failed to empower the Congress to correct this shortcoming.

It is hard to believe that those who had rebelled and waged a successful war against "taxation without representation" would intentionally create at the seat of the new Government a condition duplicating that to which they so strenuously objected.

Now I will proceed to comments on House Joint Resolution 529, the matter before the committee.

It is essential that it be clearly understood that the resolution does not make the District of Columbia a State or anything like a State. It does not modify the unique relationship between the Congress and the District of Columbia provided for by article I, section 8, clause 17, of the Constitution, which is commonly referred to as the "congressional jurisdiction" clause. The issues involved in home rule for the District are entirely separate and distinct from the issues involved in this proposed constitutional amendment.

The purpose of House Joint Resolution 529 is twofold. First, it provides the machinery through the electoral college for the people of the District to vote for President and Vice President; and second, it provides for Delegates to the House of Representatives from the District.

Several questions have been asked of our committee in regard to the contents of the resolution, and I would, therefore, like to review with this committee the answers that we have given to the following questions:

1. How will the number of Delegates from the District be determined? Under the resolution, the method of determining the number of delegates from the District is the same as that used in determining the number of Representatives from each State that is to say, the method of equal proportion or any other method currently employed for determining the number of Representatives shall be used in determining the number of Delegates. The method of equal proportion referred to in the resolution is presently provided for by an act of Congress set forth in sections 2(a) and 2(b) of title 2 of the U.S. Code. (The practical application of this method is spelled out in a report known as "Methods of Apportionment" by E. V. Huntington, on pp. 3 through 7 of S. Doc. 304 of the 76th Cong.)

2. What will be the qualifications for Delegates?

We have advised in answer to this question that the resolution does not expressly set forth the qualifications for Delegates.

We recommend that the amendment clearly spell out the qualifications for Delegates. If the qualifications are not incorporated in the amendment, we would suggest that this committee set forth in its report its intentions regarding such qualifications.

With regard to qualifications, the most prudent course would be to follow the mandate of article I, section 2, of the Constitution establishing qualifications for Representatives in Congress. Such precedents as are available indicate that this has been the practice of the Congress except where deviations have been necessary to meet peculiar local conditions. As applied to the District, the qualifications as established by article 1, section 2, of the Constitution would be that no person shall be a Delegate who shall not have attained to the age of 25 years and been 7 years a citizen of the United States, and who shall not, when elected, be an inhabitant of the city of Washington, District of Columbia; further, that the provisions of article I, section 6, pertaining to immunity and compensation, would be applicable.

3. Does the amendment make adequate provision for legislative implementation and, if so, what form would such implementation take?

These questions have been addressed to the following language of the resolution:

"The people of the District *** shall elect [Delegates] in such manner and under such regulations as the Congress shall provide by law :" [Such Delegates shall have] "such powers as the Congress, by law, provides **

"The Congress shall have power to enforce this article by appropriate legislation."

We have advised that the foregoing language grants ample power to implement the amendment. We have further advised that the foregoing language contemplates action by both the House of Representatives and the Senate and concurrence by the President as in the case of a law.

4. Could the Delegates have voting rights? Our answer has been in the affirmative.

Under its existing general powers, Congress could provide for nonvoting Delegates from the District of Columbia. It is a major purpose of this resolution to authorize Congress in its discretion to give such Delegates any of the powers enjoyed by Members of the House of Representatives, including the power to vote.

5. What are the qualifications required of an elector by article II of the Constitution which the resolution incorporates by reference?

We have advised that the only specific qualifications fixed by article II of the Constitution are in the nature of negative qualifications-namely, that the office of elector cannot be held by any Senator, Representative, or person holding an office of trust or profit under the United States. Otherwise, article II leaves the qualification of electors to the State legislatures.

In addition, we have advised that the 14th amendment, section 3, provides in part that no person may be an elector of President and Vice President who, having previously taken an oath to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. The Congress has the power, however, by a vote of two-thirds of each house to remove the disabilities established by section 3 of the 14th amendment.

In the case of the District, we have concluded that Congress, in its implementing legislation, must establish the qualifications for electors pursuant to the exclusive legislative authority given it under section 8, article I, clause 17, of the Constitution.

Mr. Chairman and members of the committee, we know of no good reason why House Joint Resolution 529 should not now be adopted. Our study of the records of hearings in both Houses of Congress for many years discloses no compelling basis of opposition. We find no valid objection to the principles of national representation for the District of Columbia in these documents. The inability of the people of the District of Columbia to secure passage of a suitable resolution heretofore can only be attributed to disagreement respecting details in Congress. The resolution under consideration is certainly as uncontroversial as possible. Many details, as I have indicated, would remain to be determined by Congress after it and the required number of States have endorsed the broad principles composing the constitutional amendment we seek.

We urge this committee to conclude that the denial of the right to vote for President and Vice President and for representation in the House is a shameful and undemocratic practice which contradicts all that this Nation stands for both at home and abroad.

More than 800,000 Americans in the District are unable to participate and have a voice in our democratic government because of denial of the vote. That is a larger population than in each of 11 States who together send 22 Senators and 16 Representatives to Congress.

The residents of the District of Columbia for 1957 paid more toward support of the U.S. Government in Federal individual income taxes than did the residents in each of 19 States of this Union.

The District of Columbia furnished more men to the Armed Forces in World War II than were furnished by each of 14 States. The total of 103,376 men and women from the District was made up of 68,361 in the Army, 29,729 in the Navy, 3,966 in the Marine Corps and 1,320 in the Coast Guard. 3,029 residents of the District who served in the Armed Forces lost their lives in the defense of their country during World War II.

We submit that the residents of the District of Columbia who pay Federal taxes, serve in the Armed Forces and share all the obligations of other citizens should have the privilege of participating through the vote in their National

Government which levies the taxes they pay, enacts military service laws and regulates their lives in many other ways.

In concluding this statement, Mr. Chairman and members of the committee, I wish to present to you a petition to the Congress of the United States which reads as follows:

"Your petitioners, members of the Citizens Joint Committee on National Representation for the District of Columbia, whose names are subscribed below, hereby reaffirm the principles previously announced by the founders of our Republic that

""Taxation without representation is tyranny;' that

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"Governments derive their just powers from the consent of the governed ;' and in order that

"Government of the people, by the people, and for the people' may become an accomplished fact for all the people of the United States, respectfully represent:

"That the totally disfranchised people of the District of Columbia, who obey national laws, pay more national taxes than many of the States; who likewise exceed several States in the manpower provided to the Armed Forces of the United States; and who are now living under an anomalous condition in which they have no voice in the National Government, are entitled to representation in Congress and in the electoral college, and to the basic rights which are enjoyed by other citizens of the Republic.

"We, therefore, respectfully petition this 86th Congress to enact legislation embodying the principles in House Joint Resolution 529 and Senate Joint Resolution 39 as they relate to amendment of the Constitution granting residents of the District of Columbia representation in the House and electoral college."

This petition is signed by the authorized representatives of subscribing organizations who could be contacted in the short period which was available. submit for the record and for your additional information a list of all the organizations which have voiced support of the joint committee's objective.

The Citizens' Joint Committee on National Representation for the District of Columbia sincerely expresses its appreciation to this committee for calling this hearing and for considering the proposed constitutional amendment. Please adopt the principles incorporated in this resolution during this the 86th Congress.

INDIVIDUAL FEDERAL INCOME TAXES, 1957

Nineteen States including Alaska and Hawaii paid less in Federal individual income taxes than the District of Columbia :

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Source: U.S. Treasury Department, Internal Revenue Service.

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ORGANIZATIONS

SUPPORTING OR ENDORSING NATIONAL REPRESENTATION FOR THE
DISTRICT OF COLUMBIA-Continued

Merchants and Manufacturers' Association.

Monday Evening Club.

Bar Association and Junior Bar Section of the Bar Association.

Association of Oldest Inhabitants.

Washington Real Estate Board.

Advertising Club of Washington.

Women's Bar Association.

Federation of Business Men's Association.

Twentieth Century Club.

Women's City Club.

District of Columbia Federation of Women's Clubs.

Northeast Citizens' Association.

Society of Natives of the District of Columbia.

The Washingtonians.

Motion Picture Theater Owners' and Operators' Association.

Associated Retail Credit Men of Washington.

Washington Florists' Club.

District of Columbia Division, Young Democrats.

Hotel Greeters of America, chapter 31.

Newcomers Club.

Soroptomist Club.

Department of the District of Columbia, Veterans of Foreign Wars.
Department of the District of Columbia, American Legion.

Local Union of Federal Employees.

District of Columbia Bankers' Association.

District of Columbia Building and Loan League.

Washington Section, National Council of Jewish Women.

District of Columbia Chapter, Rainbow Division, Veterans.

Washington Junior Chamber of Commerce (formerly Junior Board of Commerce).

Political Study Club of Washington.

District of Columbia Suffrage Association.

- Washington Branch, American Association of University Women.

District of Columbia Congress of Parent-Teacher Associations.

National Democratic League of Washington.

Building Owners and Managers Association of Metropolitan Washington.

Downtown Park & Shop, Inc.

Columbia Historical Society.

American Planning and Civic Association.

Military Order of Loyal Legion.

District of Columbia Association of Insurance Agents.

Electrical Contractors Association of the District of Columbia.

Laundry-Dry Cleaning Association of the District of Columbia.

NATIONAL

Chamber of Commerce of the United States.

American Federation of Labor.

National League of Women Voters.

American Federation of Teachers.

National Federation of Federal Employees.

Veterans of Foreign Wars of the United States.
National Camp, Patriotic Order of Americans.
National Retail Coal Merchants' Association.

National Council of Jewish Women.

American Medical Women's Association.

American Federation of Soroptomist Clubs.

International Typographical Union.

United Typothetae of America.

National Women's Trade Union League.

Women's National Homeopathic Medical Society.

National Service Star Legion.

Fleet Reserve Association.

ORGANIZATIONS

SUPPORTING OR ENDORSING NATIONAL REPRESENTATION FOR THE
DISTRICT OF COLUMBIA-Continued

National Association of Victory Jobbers.

National Straw Hat Manufacturers' Association.

Knight and Ladies of the Maccabees.

National League of Young Democrats of America.
Congress of Industrial Organizations.

STATE AND REGIONAL

California State Federation of Butchers.

Connecticut State Federation of Labor.

Scandinavian Grand Lodge of Connecticut, International Order of Good Templars.

Georgia Real Estate Association.

Junior Order United American Mechanics, Massachusetts State Council.

Fall River (Mass.) Doffers and Spinners' Credit Union.

Minnesota State Florists' Association.

Patriotic Order Sons to American, New Jersey State Camp.

Lily Dale Assembly, Lily Dale, N.Y.

Independent Order of Americans, State Council of Pennsylvania.

Wyoming State Teachers' Association.

Wyoming Women's Christian Temperance Union.

Michigan Department, Sons of Union Veterans.

New York State Council, International Society of Master Painters and Decorators. Illinois State Council, International Society of Master Painters and Decorators. Kentucky Society of Florists.

Maryland State and District of Columbia Federation of Labor.

Colorado Association of Commercial Organizations.

New York State Retail Coal Merchants' Association.

Montgomery County Civic Federation of Maryland.

Arlington County Civic Federation of Virginia.

Inter-Federation Council of District of Columbia, Maryland, and Virginia.

Montana Library Association.

Maryland and District of Columbia Industrial Union Council (Congress of Industrial Organizations).

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Mr. DAVIS. The interest in the hearing is evident I am sure from the citizens point of view by the number who are present, without a demonstration being required, and by the encouragement that over two-thirds of your committee is present here today to listen to the testimony.

Unlike some of the problems that have been presented to this committee today, the Joint Committee for National Representation of the District of Columbia, which was organized in 1917, has no disagree

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