Constitutionality of D.C. statehood, "Its Operative language is crucial but curiously disregarded altogether by such proponents" of a Maryland State resolution. The ratifying language further states: "That all that part of the said territory, called Columbia, which lies within the limits of this State, shall be and the same is hereby acknowledged to be for ever ceded and relinquished to the Congress and Government of the United States, in full and absolute right, and exclusive jurisdiction, as well of soil as of persons residing or to reside, thereon, pursuant to the tenor and effect of the eighth section of the first article of the Constitution of the Government of the United States ***." According to Professor Raven-Hansen, "The plain language of this ratification 'for ever ceded *** in full and absolute right' is *** the language of an unconditional grant." In short, once Maryland ratified the cession, it did so without condition. As such, what the Congress decides to do with the land in question is for the Congress and it alone to decide and such decision need not be subject to approval by the State of Maryland. In addition to the constitutional and cession issues, questions have been raised as to whether or not the version of the constitution amended by the D.C. City Council should be submitted to the citizens of the District of Columbia for the purposes of ratification prior to the admittance New Columbia into the Union. H.R. 4718 requires the statehood constitution be ratified by the citizens of the District of Columbia. Statehood for the citizens is not a new question by any standard-for 20 years it has been before the Committee on the District of Columbia. In fact, the record indicates it has been debated in Congress since 1801. When one considers what is at stake; that is, equal representation under the law and the right of self-determination, one is left with the question how much longer must the citizens of the District of Columbia wait? Surely in the face of what is denied because of the lack of statehood, even those who oppose the bill must concede that the citizens of the District of Columbia deserve what every other American citizen enjoys and takes for granted. H.R. 2482-TO PROVIDE FOR THE ADMISSION OF THE STATE OF NEW COLUMBIA INTO THE UNION THURSDAY, NOVEMBER 14, 1991 HOUSE OF REPRESENTATIVES, SUBCOMMITTEE ON JUDICIARY AND EDUCATION, The committee met, pursuant to call, at 9 a.m., in room 1310-A, Longworth House Office Building, Hon. Mervyn M. Dymally (chairman of the subcommittee) presiding. Present: Representatives Dymally, Norton, Rohrabacher, Lowery, and Waters. Majority staff present: Edward C. Sylvester, staff director; E. Faye Williams, staff counsel; Donn G. Davis, senior legislative associate; and Donna Brazile, administrative assistant to Ms. Norton. Minority staff present: Dennis G. Smith, staff director; Ron Hamm, senior staff assistant; David Anderson, chief counsel; Nancy Noe, legislative associate; Rick Dykema, Elizabeth Frazee and Jean Gingras, staff assistants. [The text of H.R. 2482 follows:] (1) I 102D CONGRESS 1ST SESSION H. R. 2482 To provide for the admission of the State of New Columbia into the Union. IN THE HOUSE OF REPRESENTATIVES MAY 29, 1991 MS. NORTON introduced the following bill; which was referred to the A BILL To provide for the admission of the State of New Columbia into the Union. 1 Be it enacted by the Senate and House of Representa 2 tives of the United States of America in Congress assembled, 3 SECTION 1. SHORT TITLE. 4 This Act may be cited as the "New Columbia Admis5 sion Act". 6 SEC. 2. ADMISSION INTO THE UNION. 7 Subject to the provisions of this Act, and upon issu8 ance of the proclamation required by section 7(d)(1) of 9 this Act, the State of New Columbia (hereinafter referred 10 to as "the State") is declared to be a State of the United 11 States of America, is declared admitted into the Union 2 1 on an equal footing with the other States in all respects 2 whatever, and the constitution adopted by the Council of 3 the District of Columbia in the Constitution for the State 4 of New Columbia Approval Act of 1987 (D.C. Law 7-8), 5 subject to ratification by a majority of the registered quali6 fied electors of the District of Columbia, is found to be 7 republican in form and in conformity with the Constitu8 tion of the United States and the principles of the Decla9 ration of Independence and is accepted, ratified, and con10 firmed. 11 SEC. 3. CONSTITUTION. 12 The constitution of the State of New Columbia shall 13 always be republican in form and shall not be repugnant 14 to the Constitution of the United States and the principles 15 of the Declaration of Independence. 16 SEC. 4. TERRITORIES AND BOUNDARIES. 17 (a) Subject to the provisions of this section, the State 18 of New Columbia shall consist of all of the territory, to19 gether with the territorial waters, of the District of Colum20 bia. The State of New Columbia shall not include the Na21 tional Capital Service Area of the District of Columbia, 22 which is described in subsection (b). As of the date of ad23 mission of New Columbia into the Union, the District of 24 Columbia shall consist of the National Capital Service 25 Area. HR 2482 IH |