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REPRESENTATION FOR THE DISTRICT OF COLUMBIA

HEARINGS

BEFORE THE

SUBCOMMITTEE ON
CIVIL AND CONSTITUTIONAL RIGHTS

OF THE

COMMITTEE ON THE JUDICIARY
HOUSE OF REPRESENTATIVES

NINETY-FIFTH CONGRESS

FIRST SESSION

ON

PROPOSED CONSTITUTIONAL AMENDMENTS (H.J. RES. 139, 142,
392, 554, AND 565) TO PROVIDE FOR FULL CONGRESSIONAL

REPRESENTATION FOR THE DISTRICT OF COLUMBIA

AUGUST 3, SEPTEMBER 14, 21, OCTOBER 4 AND 6, 1977

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U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 1978

22-873

COMMITTEE ON THE JUDICIARY

PETER W. RODINO, JR., New Jersey, Chairman JACK BROOKS, Texas

ROBERT MCCLORY, Illinois ROBERT W. KASTENMEIER, Wisconsin TOM RAILSBACK, Illinois DON EDWARDS, California

CHARLES E. WIGGINS, California JOHN CONYERS, JR., Michigan

HAMILTON FISH, JR., New York JOSHUA EILBERG, Pennsylvania

M. CALDWELL BUTLER, Virginia WALTER FLOWERS, Alabama

WILLIAM S. COHEN, Maine JAMES R. MANN, South Carolina

CARLOS J. MOORHEAD, California JOHN F. SEIBERLING, Ohio

JOHN M. ASHBROOK, Ohio GEORGE E. DANIELSON, California HENRY J. HYDE, Illinois ROBERT F. DRINAN, Massachusetts THOMAS N. KINDNESS, Ohio BARBARA JORDAN, Texas

HAROLD S. SAWYER, Michigan ELIZABETH HOLTZMAN, New York ROMANO L. MAZZOLI, Kentucky WILLIAM J. HUGHES, New Jersey SAM B. HALL, JR., Texas LAMAR GUDGER, North Carolina HAROLD L. VOLKMER, Missouri HERBERT E. HARRIS II, Virginia JIM SANTINI, Nevada ALLEN E. ERTEL, Pennsylvania BILLY LEE EVANS, Georgia ANTHONY C. BEILENSON, California

ALAN A. PARKER, General Counsel

GARNER J. CLINE, Staff Director
FRANKLIN G. POLK, Associate Counsel

SUBCOMMITTEE ON CIVIL AND CONSTITUTIONAL RIGHTS

DON EDWARDS, California, Chairman JOHN F. SEIBERLING, Ohio

M. CALDWELL BUTLER, Virginia ROBERT F. DRINAN, Massachusetts

ROBERT MCCLORY, Illinois
HAROLD L. VOLKMER, Missouri
ANTHONY C. BEILENSON, California

THOMAS P. BREEN, Counsel
Ivy L. DAVIS, Assistant Counsel
Roscoe B. STAREK III, A88ociate Counsel

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CONTENTS

HEARINGS HELD

54

13

14

64

44

Arata, Clarence, executive vice president, Metropolitan Washington Board

of Trade..

Bayh, Hon. Birch, a U.S. Senator from the State of Indiana -

Prepared statement-

Buchanan, Hon. John, a Representative in Congress from the State of

Alabama..

Burton, Melvin M., Jr., vice chairman, D.C. Republican Central Com-

mittee

Clusen, Ruth C., president, the League of Women Voters of the United

States---

Prepared statement..

Dixon, Sharon Pratt, Democratic National Committeewoman.

Dugas, Julian R., City Administrator, District of Columbia.

Fauntroy, Hon. Walter E., a Representative in Congress from the District

of Columbia.

Hechinger, John, Democratic National Committeeman for the District of

Columbia..

Isaacs, John D., president, Greater Washington Chapter of Americans for

Democratic Action --

Junious, David, resident, District of Columbia---

McKinney, Hon. Stewart B., a Representative in Congress from the State

of Connecticut.

Prepared statement-

Miller, Arthur S., National Law Center, George Washington University--

Prepared statement.--

Mitchell, Clarence, director, Washington Bureau, National Association

for the Advancement of Colored People---

Petersen, Robert E., president, Gieater Washington Central Labor Council,

AFL-CIO.

Rauh, Joseph L., Jr., general counsel, Leadership Conference on Civil

Rights-

Prepared statement.

Raven-Hansen, Peter, attorney, Washington, D.C.

Prepared statement-

Reid, Herbert O., professor of law, Howard University School of Law.

Prepared statement-

Saltzburg, Stephen A., University of Virginia Law School...

Prepared statement

Sedgwick, Lillian Adkins, vice chairperson, District of Columbia Demo-

cratic State Committee.

Thorton, Hon. Ray, a Representative in Congress from the State of

Arkansas.

Prepared statement.--

Tucker, Sterling, chairman, City Council of the District of Columbia...

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Wald, Patricia M., Assistant Attorney General, Office of Legislative Page Affairs.-

125 Prepared statement..

128 Washington, Hon. Walter E., Mayor of the District of Columbia, represented by Julian R. Dugas, city administrator

25 Washington, Robert, chairman, District of Columbia Democratic State Committee..

74

110

62

ADDITIONAL MATERIAL
Advisory Neighborhood Commission 3E of the District of Columbia,

prepared statement.--
Arata, Clarence A., Metropolitan Washington Board of Trade, letter dated

September 27, 1977, to Hon. Don Edwards
Kennedy, Hon Edward M., U.S. Senator from the State of Massachusetts,

prepared statement---
League of Women Voters, prepared statement.-
Mathias, Hon. Charles McC., Jr., a U.S. Senator from the State of Mary-

land, prepared statement-
Wright, Charles Alan, professor of law, University of Texas, prepared

statement.

103 108

46

106

APPENDIXES

Appendix 1.—Text of bills

House Joint Resolution 139.
House Joint Resolution 392.

House Joint Resolution 554.
Appendix 2.—“Congressional Representation for the District of Columbia:

A Constitutional Analysis,” by Peter Raven-Hansen.--
Appendix 3.—Correspondence relating to representation for the District of

Columbia--

155 157 160

162

188

REPRESENTATION FOR THE DISTRICT OF COLUMBIA

WEDNESDAY, AUGUST 3, 1977

HOUSE OF REPRESENTATIVES,
SUBCOMMITTEE ON CIVIL AND CONSTITUTIONAL RIGHTS
OF THE COMMITTEE ON THE JUDICIARY,

Washington, D.C. The subcommittee met at 9:15 a.m., in room 2141, Rayburn House Office Building, the Honorable Don Edwards (chairman of the subcommittee) presiding.

Present: Representatives Edwards, Drinan, Volkmer, Butler, and McClory.

Also present: Thomas P. Breen, counsel; Ivy L. Davis, assistant counsel; and Roscoe B. Starek III, associate counsel.

Mr. EDWARDS. The subcommittee will come to order.
The gentleman from Virginia.

Mr. BUTLER. Mr. Chairman, I move that the Subcommittee on Civil and Constitutional Rights of the House Committee on the Judiciary, permit coverage of this hearing in whole or in part by television broadcast, radio broadcast, and still photography, or by any such methods of coverage pursuant to committee rule 5.

Mr. EDWARDS. Without objection, the resolution is agreed to.

Today we begin hearings on resolutions introduced this session, which would amend the Constitution to provide full voting representation to the District of Columbia in the Congress.

We intend to hold several days of hearings—the next will begin soon after the Congress returns from the August recess.

The issue before this subcommittee is not new. More than 150 resolutions to provide congressional representation have been introduced since the District was established.

The 1960's and 1970's were the years of significant and sustained attention to this issue in the Congress. In 1967 and 1972, the House Committee on the Judiciary reported favorably House Joint Resolutions 396 and 253, recommending full voting representation. Neither resolution cleared'the Rules Committee for action on the floor.

Most recently, this subcommittee held three days of hearings on House Joint Resolution 280. This particular resolution was introduced by our distinguished colleague, Mr. Fauntroy in March 1975 and was cosponsored by over 100 Members. In December 1975, the full Committee on the Judiciary favorably reported House Joint Resolution 280, and for the first time, the issue of full representation went to the House floor for debate and vote.

That resolution, which is identical in langauge to House Joint Resolution 139 and 142, being considered by us today, called for

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