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Mr. BUTLER. But they have not maintained their voting residence in South Carolina?

Mr. JUNIOUS. No, I don't think so.

Mr. BUTLER. Well, I congratulate you on a very fine and eloquent statement. It certainly is a very concise statement, which I commend to other witnesses.

[Laughter.]

Mr. BUTLER. You stated in a very concise manner the issue, and we appreciate your view of it.

[Applause.]

Mr. EDWARDS. The gentleman from Massachusetts.

Mr. DRINAN. Thank you, Mr. Chairman.

David, I want to say that that is the best statement that I have heard in 612 years in Congress. [Laughter.]

I commend you. When our colleague here is a U.S. Senator, I hope you can take his place in the U.S. House of Representatives. [Applause.]

Mr. EDWARDS. The gentleman from Missouri.

Mr. VOLKMER. I hope it is not that long because it would be about 8 years or so before that could happen.

Perhaps with your study of history, and it is good that you do have that interest, you have noticed that in many instances Congress moves very slowly, we feel, many times, too slowly. I am sure, however, that the time will come, when enough people, such as the gentlemen sitting next to you will succeed in this effort for full voting representation. Mr. EDWARDS. David, thank you very much.

I am pleased to recognize the distinguished Delegate from the District of Columbia, Walter Fauntroy.

TESTIMONY OF HON. WALTER FAUNTROY, REPRESENTATIVE, DISTRICT OF COLUMBIA

Mr. FAUNTROY. Mr. Chairman, I thank you for your indulgence. I couldn't resist the opportunity to join David here and remind the committee and remind myself that I grew up in the neighorhood in which he lives. I, too, was valedictorian of the Garnett Patterson Junior High School class, and I could not help but remember that coming through the schools of that neighborhood, they taught me the Pledge of Allegiance and to sing, "My Country, 'tis of Thee, sweet land of liberty."

I sat on the third floor of the Garnett Patterson Junior High School in my first civics class. My teacher was Mr. Cook. And it came as a shock to me that having grown up reading the Washington TimesHerald, the Washington Post, and the Evening Star, week after week hearing about Members of the Congress voting for their people, their people back home, having read the Preamble to the Constitution, having been taught to sing, "My Country 'tis of Thee," I was shocked to learn that solely because I was born and grew up in the Nation's Capital, neither I nor my parents nor my neighbors would be able to do what every other American can do, and that is to vote for representation in this body which dominated all of our thoughts, because we knew that we lived in the Nation's Capital. We knew that downtown on Capitol Hill and at the White House, were the people that were elected by people all over this Nation to set policy.

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And I share the kind of frustration I think that this young man has given to all of you by saying: What can we do?

And I certainly want to commend and thank him for lending this freshness and this basic understanding of our position here in the District of Columbia of voter representation for the District.

Thank you..

[Applause.]

Mr. EDWARDS. Thank you very much.

Our last witness today was to have been the very distinguished Senator from Maryland, Charles Mathias. Unfortunately, he is tied up in the Senate.

Without objection, his statement will be made a part of the record. [The prepared statement of Hon. Charles McC. Mathias follows:] STATEMENT OF HON. CHARLES MCC. MATHIAS, JR., A U.S. SENATOR FROM THE STATE OF MARYLAND

Mr. Chairman. I am pleased to be here today before the Subcommittee on Civil and Constitutional Rights of the House Committee on the Judiciary. The subject matter before this subcommittee is something that has been close to my heart for the entire period of my service in both the House and Senate: Full voting representation for the District of Columbia in the Congress.

First, I want to thank the Chairman for extending me this opportunity to appear and testify. I am truly grateful to be able to be here and lend my support to an issue of human rights right here at home.

I think at this point that a little history may be instructive on just where we stand on this issue. In 1961 the Congress began to address the fundamental question of the barriers which stood between Democracy and the American citizens residing in the Nation's Capital. In that year, the 23rd amendment to the United States Constitution was enacted, enabling District residents to vote in presidential elections for the first time.

In 1971, Congress created the position of non-voting Delegate for the District of Columbia in the House of Representatives. In 1973, Congress provided significant self-government authority to the residents of the District.

The specific matter of full voting representation was last before the Senate during the 92nd Congress. It came in the form of a rider to the eighteen year old right-to-vote bill. A motion to table carried, and the matter has not been raised in the Senate since that time.

This is a truly significant piece of unfinished business on our national agenda. What we must do now to provide full human rights in the District of Columbia is to enact a constitutional amendment for full voting representation in Congress for its residents. We can do no less.

The President has expressed quite well his concern for human rights all over the world. What we need from him now, and what I hope the Presidential task force on the District of Columbia of which I am a member will convince him is necessary, is a strong voice of support for this fundamental proposition at home. The platform he ran on for President established this principle of full voting representation as one of his. We need a reiteration of that from him now.

There is, of course, no constitutional objection to providing voting representation for the District in both Houses. Committees of both Houses on numerous occasions have found ample authority in the Constitution for voting representation in the Senate as well as the House.

Consequently, the questions before this committee while technically legal ones are in fact much more than that. The foundation for the proposition contained in both resolutions before the committee is well established. The legislative and constitutional history is in place. The questions remaining relate to basic needs of people in a free and open society.

No less precious than the right of free speech, or the right to privacy, or the right to due process under the law, is the right to be represented in the elected bodies which determine the course of this country's future. To be excluded from this process, to have no voice when the votes are cast that may determine peace or war, depression or prosperity, is to be truly deprived. It is an invidious kind

of poverty. It is to have, even at this late date, "taxation without representation". Americans did not tolerate that injustice more than two hundred years ago and their heritage tells them that they should not tolerate it now.

Those, I think, are the real questions posed by these resolutions. The fulfillment of precious freedoms requires vigilance, perseverance and commitment. We all have a heavy responsibility to ensure that framework for equal participation by all Americans in the political process. I urge this committee to act favorably on these resolutions H.J. Res. 139 and H.J. Res. 142 and bring that goal one step closer to reality.

Mr. EDWARDS. We will now adjourn and meet again on this subject on the 21st of September, in this room at 9:30 a.m.

[Whereupon, at 11 a.m., the hearing in the above entitled matter adjourned.]

REPRESENTATION FOR THE DISTRICT OF COLUMBIA

WEDNESDAY, SEPTEMBER 21, 1977

HOUSE OF REPRESENTATIVES,

SUBCOMMITTEE ON CIVIL AND CONSTITUTIONAL RIGHTS

OF THE COMMITTEE ON THE JUDICIARY,

Washington, D.C. The subcommittee met at 9:35 a.m. in room 2237, Rayburn House Office Building, Hon. Don Edwards (chairman of the subcommittee) presiding.

Present: Representatives Edwards, Drinan, and Beilenson.

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

Mr. EDWARDS. The subcommittee will come to order.

Today marks the third day of testimony before this subcommittee on joint resolutions introduced in the 95th Congress which would amend the Constitution by giving full congressional voting representation to residents of the District of Columbia.

It's an auspicious day in a number of ways, but chiefly because we all know by now, with great delight, that today, through the office of the Vice President, President Carter will announce that he and his administration are in full support of the resolution proposed by our colleague, Walter Fauntroy, which will provide full voting representation for Washington, D.C. It is a constitutional amendment we all hope can be enacted by a two-thirds vote of the House and the Senate, hopefully, by early next year. We will do everything we can to move it along, now that the President has made this splendid announcement. My congratulations to all the people, especially the local people, who were instrumental in convincing the administration that this was the right thing to do.

Our next hearing is set for Tuesday, October 4, at 2 p.m. in this room. As evidenced by our list of witnesses today, we have made every effort to bring together a cross-section of representatives to speak to this most important issue.

Our first witness this morning, and it is a great personal pleasure for me to introduce him, is our colleague from Connecticut, Stewart B. McKinney. In addition to being very knowledgable about District affairs, he has been and is an eloquent and effective spokesperson for full voting representation. As a matter of fact, since coming to Congress in 1971, he has served on the House Committee on the District of Columbia and is, currently, ranking Republican member of that committee.

In 1973, Mr. McKinney, along with former Congressman Gilbert Gude of Maryland, was instrumental in coalescing Republican sup

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