TESTIMONY OF RONALD M. ENG, P.E.

July 27, 1977 SUBMITTED FOR THE RECORD OF HEARINGS ON H.J.RES. 139 BEING CONDUCTED BY THE SUBCOMMITTEE ON CIVIL AND CONSTITUTIONAL RIGHTS OF THE HOUSE JUDICIARY COMMITTEE

On the Potential Soviet Threat to the U.S. Position in the "Human Rights" Race The identification and analysis of alternative "war game" scenarios based upon interpretations of varying levels of capabilities and responses are important tools of the strategic arms race. In like manner, it can be argued that U.S. escalation of international activity in the area of "Human Rights" impells that as forthright an understanding of potential counter attacks by the Soviet Union be undertaken. As part of that continuing dialogue, the following scenario is offered of potential Soviet analysis and utilization of the awareness that, had the Watergate Impeachment proceedings progressed to a Congressional vote, the residents of the capital of the U.S., the District of Columbia, would not have been represented in that historic act. Thus, the Congress' recent electrification of the world regarding the flexibility and strength of the American system of checks and balances by its handling of the Watergate affair may have been the fortuitous occasion for exposing to world attention the fact that the residents of the nation's capital are not fully represented in the National Legislature. It is the thesis of this analysis that continuation of "calculable supremacy" in our "Human Rights" race with the Soviets for the minds and allegiences of the peoples of the world requires strong consideration of the powerful statement that successful passage of the concept of full voting representation for the residents of the District of Columbia in the U.S. Congress (as provided by H. J. Res. 139) would make regarding the healthy status of our national partiality for universal justice.

In order to dramatize the points, please imagine the following hypothetical "issue memo'' excerpt:

Background Scenario Analysis: More specifically, if Mr. Brezhnev reads the Helsinki Accords in the light of his research into this uniquely American Situation, his eyes would probably pop at the words, "The participating states will...promote and encourage the effective exercise of civil, political, economic, social, cultural and other rights and ́reedoms''. Given its emphasis on "effective exercise", it is foreseeable that he would wag his finger at the finding that fully tax paying, "non-dissident" citizens that are residents of the Capital of the United States the District of Columbia still do not have the effective exercise of the voice of voting Senators and Representatives in their national legislature even though the American Revolution was fought on the theme that "taxation without representation is tyranny''.

However, while this may form a basis for a low level "pot calling the kettle black" type of retort by Mr BREZ hnev, his research may uncover other perspectives potentially more serious. His research is expected to cite the political creativity of Americans in writing a Constitution that mandated a system of checks and balances on the actions within and among the Legislative, Executive, and the Judicial Branches. Given the political sophistication involved, he might view the lack of equal opportunity for D.C. residents to petition voting legislators on such matters as Senate approval of Justices of the Supreme Court and other high level Executive Branch Officials and House initiation of all revenue measures to be an ingenious form of political repression (viz., one that does not involve the use of physical force) of a population concentration whose numbers exceed that of ten other American States. Item- His researchers will probably highlight that D.C. residents must bear the same full responsibilities of citizenship as do the other U.S. citizens and yet are still struggling for the right to full participation

TESTIMONY OF R.M.Eng

St. 2 of 2

July 27, 1977 On the Potential Soviet Threat to the U.S. Position in the "Human Rights" Race in the political mechanisms available for the determination of those responsibilities. Given this, he may interpret statements denying D.C. residents full voting representation on the basis that they live in a "special entity" - the District and not a "state" to be akin to nonviolent brainwashing or at least a form of virulent discrimination based on place of residence. Item- His research is expected to note that Americans have a long heritage of actions that effectively say that governmental assurances of "human rights" and "freedoms" may be hypocritical if not bolstered by full citizen participation in the political mechanisms for determining the limits of those "rights" or "freedoms". E.G., slaves were not only "freed" (13th Amendment) but given the right to vote (15th Amendment), women were given the right to vote (19th Amendment), and 18 year olds were given the right to vote (26th Amendment). However, the aforementioned rights are effectively voided for all residents of D.C. since a full slate of elections in which these rights can be exercised does not exist at this time in the Capital.

Potential Soviet Analysis:

Since the movement for the 18 year old suffrage was partly based upon the concept that acceptance of citizenship responsibilities with respect to military obligations entitled that group to a right to participate in the formulation of national legislation, the continued lack of extensions of this principle to the residents of D.C. who have for longer than 18 years borne the full responsibilities of citizenship may be interpreted as a backward step by the U.S. in its extention of the franchise. Also, since external mechanisms for denial of the vote have also been outlawed (specifically the denial of the right to vote for failure to pay a poll tax or any other tax--24th Amendment); the Soviets may interpret the existence of "uniqueness" along with denial of voting rights to be a new weapon in the arsenal of abridgement of human rights of internal population groups. Namely, "disparate impact" is achieved not by denying the "right to vote," but by limiting the set of offices for which the right to vote can be exercised.

Possible Soviet Thrusts: Given the above Scenario Analysis, the following two initial directions are seen as most likely to be emphasized by Mr. Brezhnev: 1) That U.S. pressure for international "human rights" is a diversionary smokescreen for the lack of a very sophisticated level of "civil rights" in the Capital of the United States (possible Sovietese the hypocritical nature of Western emphasis on "human rights" in the international sphere is clear when the "free workers" of the Capital of the United States, the District of Columbia, are politically repressed by being denied full participation in the so-called "free political process" of that decadent country), and 2) The arguments based upon "specialness" just might be turned around to support the thesis that the Soviet Union cannot be in violation of the Helsinki Accords because it is a "union" and not a "state."

Recommended Counteraction: Acceleration of firm Administration and Congressional support for a Constitutional Amendment granting full representation in the U.S. Congress for the residents of the District of Columbia is expected to be a most effective counter to Soviet threats based upon a "plausible credibility gap" in the "human rights of the United States.

Submitted by: Ronald M. tid, P.E.

For the Record of the Hearings on H. J. Res. 139 being conducted by the
Subcommittee on Civil and Constitutional Rights of the House Judiciary
Committee

Enclosed is the statement of Advisory Neighborhood Commission 3E of the District of Columbia concerning full voter representation for the residents of the District of Columbia. The Commission would appreciate your having our statement made part of the official record of these hearings.

I was fortunate enough to be able to attend last week's hearing,
as well as the one on July 25, and was gratified by the kinds of
testimony I heard made on our City's behalf. I do hope that you as
Chairman of this Committee can assure that these hearings will culminate
in a floor vote during this session of the 95th Congress. You'll have
an eager, if voiceless, audience, I assure you.

ANC 35

244-0800

ADVISORY NEIGHBORHOOD COMMISSION 3E 4025 Chesapeake Street, Northwest

Washington, D.C. 20016

STATEMENT OF

ADVISORY NEIGHBORHOOD COMMISSION BE OF THE DISTRICT OF COLUMBIA
BEFORE THE

SUBCOMMITTEE ON CIVIL AND CONSTITUTIONAL RIGHTS

COMMITTEE ON THE JUDICIARY, U. S. HOUSE OF REPRESENTATIVES

CONCERNING

FULL VOTER REPRESENTATION FÜR THE CITIZENS OF THE DISTRICT OF COLUMBIA

WEDNESDAY, SEPTEMBER 21, 1977

CHAIRMAN EDWARDS, MEMBERS OF THE SUBCOMMITTEE: ADVISORY NEIGHBORHOOD
COMMISSION 3E OF THE GOVERNMENT OF THE DISTRICT OF COLUMBIA IS PLEASED TO
SUBMIT TO YOU A STATEMENT OF SUPPORT FOR FULL VOTER REPRESENTATION FOR THE
CITIZENS OF THE DISTRICT OF COLUMBIA. WE APPRECIATE THE OPPORTUNITY YOU
HAVE PROVIDED US TO MAKE THIS STATEMENT ON THE ONE ISSUE WHICH IS OF SUCH
VITAL INTEREST TO US ALL. WE WOULD APPRECIATE HAVING THE STATEMENT MADE A
PART OF THE OFFICIAL RECORD, AS WELL. THE COMMISSION HOPES AND EXPECTS

THAT AT THE CONCLUSION OF THESE HEARINGS, THE MATTER WILL BE SWIFTLY BROUGHT
TO THE FLOORS OF BOTH HOUSES OF THE UNITED STATES CONGRESS FOR VOTE AND
PASSAGE.

ADVISORY NEIGHBORHOOD COMMISSION 3E IS THE ELECTED BODY OF OFFICIALS
WHO SERVE THE 10,000 CITIZENS OF THE AMERICAN UNIVERSITY PARK AND FRIENDSHIP
HEIGHTS AREA IN WARD THREE. THE COMMISSIONERS HAVE TAKEN AN OFFICIAL VOTE
IN TOTAL SUPPORT OF FULL VOTER REPRESENTATION FOR THE CITIZENS OF WASHINGTON,
AND THIS STATEMENT'S PURPOSE IS TO NOTIFY THE SUBCOMMITTEE ON CIVIL AND
CONSTITUTIONAL RIGHTS, COMMITTEE ON THE JUDICIARY, THE U. S. CONGRESS.

(MORE)

Serving American University Park & Friendship Heights

MEMBERS OF THE COMMISSION HAVE ATTENDED THE HEARINGS HELD ON AUGUST 3 AND SEPTEMBER 14 ON THIS MATTER, AND HAVE BEEN IMPRESSED AND GRATIFIED BY THE TESTIMONY OFFERED BY AND ON BEHALF OF THE CITIZENS OF THE DISTRICT OF COLUMBIA IN SUPPORT OF OUR RIGHT TO VOTING REPRESENTATION IN THE UNITED STATES CONGRESS. NO ONE SEEMS TO OPPOSE THIS QUEST BY ASHINGTONIANS OF A RIGHT WHICH ALL OTHER AMERICANS NOW POSSESS. STILL, THERE WERE QUESTIONS RAISED BY EMBERS OF THE SUBCOMMITTEE, QUESTIONS WHICH DISTURB.

THE ISSUE BEFORE THIS SUBCOMMITTEE--AND ULTIMATELY, BEFORE THE ENTIRE CONGRESS--IS NOT A QUESTION OF "RETROCESSION" TO MARYLAND OR ANY OTHER STATE. IT IS NOT A QUESTION OF WHETHER OR NOT THE CITIZENS OF THE ENTIRE NATION WOULD ACTUALLY "ALLOW" THE CITIZENS OF THE DISTRICT OF COLUMBIA TO VOTE. IT IS NOI A QUESTION OF WHETHER OTHER STATES WOULD HAVE TO GIVE UP A "PORTION OF THEIR SOVEREIGNTY" IF WASHINGTON WERE TO HAVE THIS RIGHT. THE ISSUE IS A SIMPLE QUESTION OF JUSTICE. AN AMERICAN RIGHT. A HOLY RESPONSIBILITY. IT IS A QUESTION OF WHETHER THIS 95TH CONGRESS PLANS TO ASSUME ITS LEADERSHIP ROLE AND LEAD THE TOTAL EFFORT TO GIVE WASHINGTON, D. C. FULL VOTER REPRESENTATION IN BOTH HOUSES OF THE CONGRESS. IN THIS COMMISSION'S OPINION, IT IS THE RESPONSIBILITY OF EACH AND EVERY MEMBER OF CONGRESS TO GO HOME TO HIS OR HER CITIZENS AND TELL THEM THAT THE CITIZENS OF THE DISTRICT OF COLUMBIA INDEED DO NOT HAVE THE RIGHT THAT THEY THEMSELVES HAVE, AND THAT THIS IS THE VERY REASON WHY THAT CONGRESSMAN, CONGRESSWOMAN OR SENATOR WILL VOTE A RESOUNDING ATE TO FULL VOTER REPRESENTATION FOR THE CITIZENS OF THE DISTRICT OF COLUMBIA IN THE CONGRESS. BECAUSE THERE IS NO REASON TO DENY IT.