VIOLATIONS OF VOTING RIGHTS OF THE PEOPLE OF WASHINGTON, D.C., U.S.A.
UNDER THE INTERNATIONAL CONVENTION ON THE
ELIMINATION OF ALL FORMS OF RACIAL DISCRIMINATION
Prepared by Timothy Cooper, Executive Director,
Democracy First,
and
submitted to UN Committee on the Elimination of All
Forms of Racial Discrimination
1. SUMMARY STATEMENT
For over 200 years, the
United States government has continuously denied citizens of Washington, D.C.
the right to equal participation in their own national legislature through duly
elected representatives. Pursuant
to provisions of the U.S. Constitution which grant Congress plenary authority
over the District of Columbia, Congress has the legislative authority to
enfranchise the people of the capital city, but has failed to do so, despite
repeated attempts on the part of the citizenry to win the right to vote. The
District of Columbia is the only political jurisdiction in the continental
United States that is deprived Congressional voting rights, and the nearly
600,000 D.C. residents are the only U.S. taxpaying citizens who do not enjoy
equal suffrage in their national legislature. Significantly, the DistrictÕs
population is 67% African-American and 8% Latino. Thus, 75% of the local
inhabitants are minorities. Moreover, D.C. residents are also
denied the right to full self-government-- a fundamental right possessed by all
other American citizens. The denial of these two essential rights-- equal
suffrage and self-government-- represent de facto human rights violations under
the nondiscrimination, equal protection and political participation provisions
of the International Convention On The Elimination of All Forms of Racial
Discrimination. ("Convention").
II. ALL DOMESTIC LEGAL
REMEDIES ARE INADEQUATE AND INEFFECTIVE
Under Article 1 and
the 17th Amendment of the U.S. Constitution, only Òthe people of the several
statesÓ are entitled to voting Congressional representation. Further, under
Article 1, Section 2, Clause 17 of the constitution, Congress has plenary
authority over the District in Òall cases whatsoeverÓ. Thus, any legal
challenges to the voting status of District residents, who live not in a state,
but in a separate and distinct federal enclave which comprises the nationÕs
capital, are legally denied representation in Congress and full
self-government.[1]
Though the Congress is
empowered to grant District residents full voting rights, it has not chosen to
do in nearly 200 years. Because the plain language of the constitution
proscribes those American citizens entitled to Congressional representation,
any attempt to remedy the political status of D.C. residents through the
domestic courts requires that they declare provisions of the constitution
unconstitutional. In any event, no court can compel the Congress to amendment
the constitution or pass statehood legislation, which would affect the grant of
these fundamental voting rights. Under the U.S. constitution, the status of the
District is essentially a political question to be determined at the sole
discretion of the U.S. Congress under its plenary authority over the District
of Columbia.
III. ALL LEGISLATIVE
INITIATIVES HAVE FAILED TO REMEDY COVENANT VIOLATIONS
Every previous
political initiative undertaken to alter the voting status of D.C. residents
has ended in failure. In the 1970s, Congress passed a constitutional amendment
that would have granted D.C. residents full Congressional representation. While
the amendment passed the Congress, it later failed to generate the requisite
support of the countryÕs state legislatures for final ratification. Later, in
1993, a statehood bill was introduced in the House of Representatives. A grant
of statehood would have guaranteed D.C. residents equal Congressional
representation and full self-government. However, the legislation was soundly
defeated in the House, and was never brought up for a vote in the U.S. Senate.
IV. BACKGROUND
Since the creation of the
District of Columbia under the Organic Act in 1801, residents have never
enjoyed full voting representation in their national legislature; they have
been continually denied the right to vote in both the House of Representatives
and the U.S. Senate, unlike all other U.S. citizens in each of the fifty
states. In 1970, D.C. residents were granted a Ònon-votingÓ delegate to the
House of Representatives, but the delegate could only vote in committee, and
not for the passage of any final legislation. In 1993, the D.C. Delegate was
granted a conditional vote in the Committee of the Whole through a change in
the House of Representatives rules; however, because it would be
unconstitutional to grant the D.C. delegate a vote in the House, this vote was
subject to a so-called Òsavings clauseÓ, which disallowed the delegate voting
in the Committee of the Whole in the event the delegateÕs vote would cast a
deciding vote on any legislation. In 1994, the Congress rescinded even this
limited right to vote, thus returning the D.C. delegate to a non-voting status.
Moreover, as noted above,
District residents have never enjoyed the right to full self-government, a
right otherwise guaranteed to every other U.S. citizen under Article 4 of the
U.S. Constitution.
D.C. residents were granted a limited degree of self-government in 1974,
subject to CongressÕs oversight of its local budgets and legislation. But in 1997, Congress stripped
virtually all the political powers of the DistrictÕs elected officials, vesting
legal authority in the hands of an unelected ÒControl BoardÓ, which is
answerable only to Congress, and not to the people of the District of Columbia.
In 1999, much of the local legislative authority, subject to the veto authority
of Congress, was returned to the Mayor and the City Council, but DC residents
continue to be deprived of any voting participation in their national legislature.
The fact that the DistrictÕs 75% African-American minority population is
prohibited from enjoying these basic rights violates Articles 2 and 5 of the
Convention.
V. APPLICABLE COVENANT
PROVISIONS WHICH HAVE BEEN VIOLATED UNDER THE COVENANT
Article 2 of the Convention
provides that "[s]tate Parties condemn racial discrimination and undertake
to pursue by all appropriate means and without delay a policy of eliminating
racial discrimination in all its forms....Ó Article 1 of the Convention
stipulates that Òthe term Ôracial discriminationÕ shall mean any distinction,
restriction or preference based on race, colour, descent, or national or ethnic
origin which has the purpose or effect of nullifying or impairing the
recognition, enjoyment or exercise, on an equal footing, of human rights and
fundamental freedoms in the political, economic, social, cultural or any other
field of public life.Ó
Article 2(a) of the
Convention provides that Ò[e]ach State Party undertakes to engage in no act or
practice of racial discrimination against persons, groups of persons or
institutions and to ensure that all public authorities and public institutions,
national and local, shall act in conformity with this obligation.Ó
Article 5 of the Convention
provides that Ò[i]n compliance with the fundamental obligations laid down in
article 2 of this Convention, States Parties undertake to prohibit and to
eliminate racial discrimination in all its form and to guarantee the right of
everyone, without distinction as to race, colour, or national or ethnic origin,
to equality before the law, notably in the enjoyment of the following rights:
(a) The right to equal
treatment before the tribunals and all other organs administering justice;
(c) Political rights, in
particular the rights to participate in elections-- to vote and to stand for
election-- on the basis of universal and equal suffrage, to take part in the
Government as well as in the conduct of public affairs at any level and to have
equal access to public service.Ó
(Emphasis added.)
It should be noted that
the United States Senate, in its Resolution of November, 1994, took no
reservations regarding Articles 2 and 5 of the Convention.
VI. POLITICS AND RACE
PLAY A ROLE IN THE DENIAL OF VOTING RIGHTS TO D.C. RESIDENTS
As noted above, District
residents have never enjoyed voting representation in either houses of the
United States Congress. Residents of each of the fifty states are represented
by at least one voting member in the House of Representatives, and two voting
members in the United States Senate. No other taxpaying U.S. citizens are
subject to this arbitrary denial of their fundamental right to vote.
Historically, Republicans and conservative Southern Democrats in Congress have
studiously blocked all attempts to grant full political rights to D.C.
residents. In light of the fact that the DistrictÕs population is 67% African‑American
and 8% Latino population, and supports generally liberal, Democratic candidates
in both presidential and local elections, it is clear that racial and partisan
politics play a significant role in CongressÕs continuing denial of their right
equal political participation. However,
notwithstanding the reasons for CongressÕs continuing denial of D.C. voting
rights, the effect of U.S.
policy towards the District is to impair the Òrecognition, enjoyment or
exercise, on an equal footing, of human rights and fundamental freedomsÓ
guaranteed under the Convention.
There are no other
constitutions in all of the Americas in which residents of the national capital
are denied full voting rights in their national legislature.
VII. THERE IS NO
LEGITIMATE OBJECTIVE SERVED TO JUSTIFY THE CONTINUING DENIAL OF BASIC VOTING
RIGHTS AND SELF-GOVERNMENT TO THE PEOPLE OF WASHINGTON, D.C.
The U.S. government maintains
that the unequal political status of District residents can be rationally
related to a legitimate objective.
According to the European Court of Human Rights, ruling in the Belgium
Linguistic Case, Òthe principle of
equality of treatment is violated if the difference in treatment is not
justified on objective and reasonable grounds, or if the means employed do not
stand in reasonable proportion to the end pursued.Ó The court has also declared
that Òa legitimate distinction can turn into a wrongful discrimination having
survived the achievement of its initial aim.Ó
In the U.S. governmentÕs
ÒInitial Report of the United States of America to the U.N. Human Rights
Committee under the International Covenant on Civil and Political RightsÓ (at
pg. 193), the government maintains that the Framers of the Constitution
envisioned the District as a separate enclave, "apart from the influence
of any state government and responsible to the federal government
alone." The report quotes
from The Federalist, No. 43, 289 (J. Madison) (J. Cooke, ed. 1961): "A
dependence of the members of the general government on the State comprehending
the seat of the Government for protection in the exercise of their duty, might
bring on the national councils an imputation of awe or influence...."
By reference, United States
government suggests that the minority populations of the District of Columbia
may, in fact, pose a potential security threat to the Congress, and therefore
they should continue to be denied full voting rights in Congress. Moreover, the government appears to be
inferring that if D.C. residents were granted equal rights under law, they
might exert undue influence over Congress by virtue of their close proximity to
Congress.
200 years ago, when the
fledgling U.S. government was dependent upon the state militia for its physical
safety and security, a temporary, rational basis for the deprivation of equal
rights to the DistrictÕs population may have been arguable. But today, in an
era when the federal government is wholly capable of protecting Congress, and
the interests of the nation as a whole, the US government's current
justification cannot possibly be taken seriously. Moreover, in light of
modern-day communications and transportation, it is disingenuous to claim that
the residents of the District would enjoy an unfair advantage influencing the
legislative affairs of Congress by virtue of their proximity to Congress. On
the contrary, D.C. residents would enjoy no more influence on the legislative
agenda of Congress than the fully enfranchised residents of Maryland and
Virginia, living, as they do, within a mile or two of the Capitol.
Clearly, in this day and age,
legislative influence is no longer controlled by geography. Influence in and
access to Congress is facilitated by a broad array of modern technology,
including fax machines, telephones, and e-mail. And transportation telescopes
the time it takes to travel from one end of the country to another. Clearly
then, the U.S. justification for the continuing denial of equal voting rights
and full self-government to District residents Òis not justified on objective
and reasonable grounds.Ó Moreover, it is manifestly apparent that the original
Ò legitimate distinctionÓ has turned into a wrongful discrimination Òhaving
survived the achievement of its initial aim.Ó
VIII. THE UN HUMAN
RIGHTS COMMITTEE AND THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS HAVE ALREADY
IMPLIED THAT THE LACK OF VOTING
RIGHTS FOR DC RESIDENTS MAY, IN FACT, CONSTITUTE CONTINUING VIOLATIONS OF THE CONVENTION
In March, 1995, the U.N.
Human Rights Committee expressed concern about the disenfranchisement of D.C.
residents, raising the issue of U.S. compliance with provisions of the
International Covenant on Civil and Political Rights. Article 25 of the Covenant, which mirrors the
language of Article 5 of the Convention, states, among other things, that Ò[e]very
citizen shall have the right and the opportunity, without any of the
distinctions....: (a) To take part in the conduct of public affairs, directly
or through freely chosen representatives; (b) To vote and to be elected at
genuine periodic elections which shall be by universal and equal suffrage....
[and] (c) To have access, on general terms of equality, to public service in
his country.Ó
In August, 1996, The U.N.
Human Rights Committee more fully defined the human rights referred to in
Article 25 of the International Covenant, issuing General Comment 25. General
Comment 25 asserts the right of every citizen to take part in the Òformulation
and implementation of policy at international, national, regional and local
levels.Ó Further, it maintains that a citizenÕs right to take
part in the conduct of public affairs Òrelates to the exercise of political
powerÓ in the legislative branch of national government, and that Ò[w]here
citizens participate in the conduct of public affairs through freely chosen
representatives, it is implicit.... that those representatives do in fact
exercise governmental power.Ó
With the issuance of General
Comment 25, the U.N. Human Rights Committee specifically defines the political
status of D.C. citizens as a direct violation of Article 25 of the
International Covenant. As with Article 2 and 5 of the Convention, the U.S.
Senate also took no reservation to Article 25 of the Covenant.
Moreover, the Inter-American
Commission on Human Rights, under the auspices of the Organization of American
States, continues its investigation of de facto human rights violations taking
place in the District of Columbia.
Under Articles 2 and 20 of the American Declaration of the Rights and
Duties of Man, which defines the human rights referred to in the OAS
Charter, all people are guaranteed the fundamental right to equal political
participation in their national legislature through their duly elected representatives.
The case was opened for investigation by the Inter-American Commission on Human
Rights on October 18, 1993. A
decision on the admissibility and merits of the case is pending.
IX. RESOLUTION
The United States
must affirm that as a matter of both United States and international law,
District of Columbia residents have the right to take part in national
government through freely chosen representatives and to equality before the
law. The United States must pass
domestic legislation granting District of Columbia residents the right to vote
for federal representatives on a basis equal to all other US citizens living in
the fifty states, and that they are entitled to enjoy local legislative and
budgetary autonomy, comparable to other US citizens. Such laws will remedy the current violations by the United
States of Articles 2, 2a and 5 of the International Convention on the
Elimination of All Forms of Racial Discrimination.
Granting full voting rights and the right to a republican form of
government to District of Columbia residents will ensure that the United States
is in full compliance with its commitments under the Convention.
DOCUMENTED
HISTORY OF RACIAL DISCRIMINATION AGAINST THE BLACK POPULATION OF THE DISTRICT
OF COLUMBIA
In 1800, the City of Washington
had a population of 10,066 White, 8,244 Slave, 783 Free Color.[2] In 1840, the White population
had grown to 30,657, the Free Color to 8,361, and the Slave population had been
reduced to 4,694.[3] By the end of the 1870s, the
black population was about one-third. However, by 1959, when Washington, D.C.
became the first majority black city in North America, the African-American
population was 55 percent. Today, in 1994, the city's African-American
population is 66%.[4]
The
U.S. government claims that the drafters of the constitution were not
"motivated by animus against any group of citizens" and did not make
"an effort to disenfranchise [District] residents" at the time that
the separate enclave was established.[5] But the denial of equal
representation and autonomous rights to District residents is unreasonable and
unjust. The unreasonableness and injustice of this denial does not depend upon
the intentions or motives of the framers of the U.S. Constitution. What is relevant, however,
are the intentions and motives of Congress-- the sole entity responsible for
the District's past, present and future status. To determine whether or not
Congress has discriminated against the minority population of the District of
Columbia based on race, or any other factor, including political ideology, one
must look at historical patterns of Congressional attitudinal behavior which
manifestly demonstrate this alleged discrimination.
When,
in the late 1860s, District voters proposed the establishment of a territorial
government and the grant of a delegate to Congress, the Senate approved the
plan, but according to historian Steven J. Diner[6] in his seminal work, Statehood
and the Governance of the District of Columbia: An Historical Analysis of
Policy Issues,
"House members raised objections....some....feared the black
franchise...." [7]
However,
just three years after the passage of the plan, "Congress voted to abolish
the [District's] territorial government and replace it temporarily with a
three-member presidentially appointed commission.... [S]ome congressmen,
echoing the statement of many District residents, objected to the commissioner
proposal because it denied self-government. Senator Morton, an outspoken
opponent of the plan, complained that it took `from the people the right of
local self-government.' He labeled it `anti-democratic' and `intended to get
clear of the Negro vote.'" [8]
As
Professor Diner notes "[w]hen congressional enthusiasm for black rights
diminished in the late 1870s, Congress readily eliminated all suffrage in the
District, whose population was now about one-third black." [9]
The
absence of home rule for the District lasted for nearly 100 years and
"federal officials found new reasons for satisfaction with the
Commissioner system. Southern
congressmen did not want blacks to vote in the nation's capital...." However, "Neighborhood
associations and other less powerful groups.... complained regularly about the
shortcomings of an unrepresentative and unresponsive local government, but to
no avail." [10]
As
the population of the District grew in the 1930s, "[m]any of those who came
to the city during the war were black people from the South. After the war, the
rapid growth of the nearly all-white suburbs and continuing black migration
into the central city made Washington a majority black city by 1957, just when
civil rights was gaining broad national support outside the South." [11]
Little
attention was paid to the issue of reform of the local government as
dissatisfaction grew over its performance-- due in large part to the strain on
resources caused by the Great Depression of the 1930s. "[B]y the late
1940s, as President Truman and the Democratic Party began to embrace civil
rights, southerners in Congress stiffened their opposition to home rule on
ideological grounds. In 1950 about a third of the District's population was
black, but black migration into the District, coupled with white movement into
the burgeoning suburbs, made Washington 55 percent black by 1960, the first
major American city to have a black majority. As civil rights became the
dominant issue of domestic politics nationally, the question of home rule for
the District became thoroughly intertwined with the larger issue of civil
rights. This at once gave supporters of home rule and representation new
liberal political support, but it generated fiercer opposition from
segregationists, who dominated the House District Committee. In the 87th
Congress, eleven of the fifteen Democrats on the committee came from southern
or border states. These included the chairman, John L. McMillan of South
Carolina, and the next four ranking members." [12]
Opposition
to home rule became intense and clearly racial in its motivations.
"Between 1949 and 1960 the Senate approved home-rule bills five times, but
the House District Committee consistently refused to report out a home-rule bill....
One home rule advocate testified that`most of the blame' for the failure of
home rule `belongs to a small group of willful Congressmen, most of them from
the South, who, regardless of their lofty verbal sentiments, are determined
that the large Negro population of this city shall not have the ballot.' It
was, he asserted,`a denial of the franchise equal to anything which goes on in
the Deep South.'" [13]
Opponents,
acknowledging the unreasonableness of their position to deny District residents
democratic government at a time when the federal government was heralding the
virtues of democracy to the world, devised diversionary tactics. "As part
of their strategy to deny home rule and black voting rights in the District,
southern congressmen.... insisted that
retrocession [to the state of Maryland] was the only constitutional way to
grant voting rights to the District. Throughout the 1950s they cynically
introduced retrocession bills in order to deflect the demands for home rule and
representation." [14] (emphasis added.)
As a result of a fear that the
Soviets might use the status of District residents as a propaganda tool in the
nascent Cold War era at the end of the 1950s, Congress was pushed for passage of the Twenty-third
Amendment, which granted residents of the District the right to vote for
president for the first time in history. "[T]he amendment met its sole
opposition in the southern states, where Tennessee alone ratified it. One
official of the North Carolina Defenders of States Rights denounced the
amendment as `another effort to strengthen the National Association for the
Advancement of Colored People.'" [15]
During
the 1960s, as the wave of the national civil rights movement crested, new
support was built for home rule. "In 1961 John F. Kennedy, who as a
congressman had endorsed home rule, became president, but the House District
Committee under John McMillan of South Carolina steadfastly refused to report
out a home-rule bill...." [16]
After
Kennedy's death, "[President Lyndon] Johnson endorsed home rule, telling
Congress that `for too long this Nation had tolerated in the District of
Columbia conditions that our ancestors fought a revolution to eliminate.....The
Congress has been aroused to redress denials of the right to vote in every part
of the country except the District....We affront its citizens and leave a
significant part of our work unfinished by this unnecessary and invidious
discrimination.'" [17]
But
Congressional opponents to District home rule were steadfast. "Again, in
1965, the Senate passed a home-rule bill.... [but] McMillan refused to schedule
hearings.... [H]e did report out of his committee a bill for retrocession in
the hope of derailing the home-rule bill...." [18]
Despite
efforts by President Johnson to modestly advance the autonomy of the District
government by "reorganizing" it, Congressional opponents continued to
attempt to block any kind of progress. "One home-rule leader testified
before the House District Committee that [Johnson's] reorganization plan `is
here for one reason and one reason only... and that reason is that there cannot
be gotten out of this committee a bill establishing the right to vote.'" [19]
In
a speech before Congress in 1969 President Nixon urged a recalcitrant Congress
to draft a plan for home rule. He stated that "the District's citizens
should not be expected to pay taxes for a government which they have no part in
choosing or to bear the full burdens of citizenship without the full rights of
citizenship." The Senate agreed to draft a plan, but under the resistant
leadership of McMillan, the House would only approve a bill establishing a
commission "without authority to propose a home-rule charter." [20]
Finally,
after the defeat of McMillan in a Congressional election, Congress passed
limited home rule legislation for the District of Columbia in 1973-- the first
home rule experienced by the people of the District in nearly 100 years.
"But by the late 1970s the momentum toward full political rights for the
District dissipated.... As the national mood increasingly turned against
government, and as advocates of a conservative social agenda gained national
influence, congressional sympathy for the liberal and heavily black population
of the District, which has voted overwhelmingly for Democratic presidential
candidates since 1964, began to wane..... [T]he close division between
Democrats and Republicans after 1980 in the U.S. Senate has given Republicans
still another compelling political reason to oppose District statehood. The
District would almost certainly elect to the Senate two liberal black
Democrats." [21]
(emphasis added.)
Congressional
actions to stall and stymie the enfranchisement and empowerment of the people
of the District testify to the tacit, subterranean prejudice which underpins
the historical reluctance of the U.S. Congress to grant equal rights to the
citizens of the nation's capital.
Indeed, even the limited home rule which the District presently enjoys
is imperiled by the intolerance of Congress.
In
the recent debate over the D.C. statehood bill, which suffered a stunning
defeat in the House of Representatives on November 21, 1993, Mr. DeLay of Texas
offered these remarks:
Mr. Chairman, I rise in strong
opposition to statehood for the District of Columbia.
We
ought to be debating on this floor whether we ought to be taking home rule
away
from the District and take over the city.... The District's hug-a-thug attitude
on
violent
crime and the continued misuse of the city's police department is one
example
that clearly demonstrates the fact that the District is not a State and
should
not be considered for statehood... Mike Hubbard, a detective who spen[t]
5
years training recruits states, `I saw people who were practically illiterate.
I
have seen people diagnosed as border-line-retarded graduate from the police
academy.'
This is absurd. Is this an
indication that the District is ready for
statehood?.... Folks, let us get one thing straight. The District, a liberal bastion of corruption and crime has yet to come even close, in this Member's eyes, to deserving
the
awesome privilege and responsibility of statehood. This House would be better
off considering
a provision I and many of my colleagues support, the repeal of home rule.[22]
It is revealing to observe that
every member of the Congressional Black Caucus, with the sole exception of Mr.
Franks-- a Republican-- voted for the D.C. statehood bill. Mr. Rangel, a member
of the Black Caucus, delicately addressed the issue of racism during the
debate:
Mr. Chairman, I ask us to get
above our biases, our prejudice, and do what
is
right for America, so that when we go into Latin America, when we go
into
Asia, when we go into Africa, we can allow them to believe that this
democracy
that we love, this democracy that we cherish [is worth fighting
for,
and] that we are not willing to deny people who love this country, who
have
fought for this country, who died for this country, to play according
to
a different set of rules.[23]
Mr. Dellums, also a member of
the Caucus, remarked paradoxically:
[T]his debate cannot be about
enfranchising the residents of the District of
Columbia. We have advocated free elections in
Central America, South
America,
Southeast Asia, Southwest Asia, South Africa, Haiti, Angola,
Nigeria. To do anything less would be
hypocritical, so clearly this
discussion
is not about that.[24]
Mr. Owens stated:
School children in modern times
know that the United Nations and the
United
States offer as a solution to most of the international problems in
the
world a referendum, a vote. They
demand that people have free
elections. They demanded it in Cambodia, they
demanded it in Haiti,
in
El Salvador, free elections, enfranchisement of people. Even in
countries
where people were not literate, and had to vote for a symbol
rather
than for a word, we demanded it, and we got elections in India
and
a number of other places, free elections, enfranchisement.
Thomas
Jefferson certainly did not mean to disenfranchise 600,000
people,
and certainly John Adams and the other framers of the Constitution
did
not foresee the disenfranchisement of 600,000 people, 600,000 people
who
deserve the right to vote. We must
abide by the spirit of the
Constitution,
and we all know what the spirit of the framers stated. That
is
that everybody, every American citizen should have the right to vote.[25]
Mr. Lewis proclaimed:
Almost 30 years ago on a Sunday
afternoon just like today, in a little town called
Selma
in the heart of the Black Belt of Alabama, some of us were beaten
with
billy clubs and bullwhips, bloodied and trampled upon by horses.
We
wanted to march across the Edmund Pettus Bridge, the Alabama River,
on
our way to Montgomery. We wanted
to dramatize to the Nation
that
people of color could not register and vote. We had one simple
message:
one man, one vote.
It
is not right that there are still Americans for whom one-man, one-vote is
still
a dream. It is not right that
there are still Americans for whom
democracy
is not a reality. It is not right
that there are still Americans
who
face taxation without representation.
Many
of us have risen on this floor to speak in support of these principles--
in
Russia, Haiti, China, Somalia, and South Africa. We have cast dozens
of
votes supporting democracy in other countries.
The
time is long overdue to extend these same principles to the people of
the
District of Columbia.[26]
Ms. Meeks pronounced:
Mr. Chairman, the Founding
Fathers had no conception that African-Americans
would
one day be full-fledged citizens.
The Constitution expressly provided
that
they were to be deemed three-fifths of a man. We African-American
citizens
know that constitutional conception and implementation are two
different
things. The founders of this
Nation did not contemplate the
disenfranchisement
of 600,000 American citizens.
Mr.
Chairman, all over the world, we are a force for democracy-- except
in
our own capital. I find that
ironic. Among the great triumphs
of this
decade
we celebrate progress toward enfranchisement for Africans in
South
Africa, Palestinians on the East Bank.
Amongst the setbacks of
everything
we hold dear has been the rebuff of our attempts to restore
Aristides
to his duly-elected position and our inability to get China moving
toward
some recognition of basic human rights.
We know what we stand
for
as a nation. Why do we have so
much difficulty with that when it
comes
to 600,000 citizens in our Nation's capital[?][27]
And finally, Mr. Abercrombie
made the following relevant remarks:
Mr. Chairman, as a
Representative from the last State to be admitted
into
the Union, in 1959, I want to point out what happened with some
other
States. Alaska: the arguments
against were the population was
too
small for statehood, resources of revenue uncertain, 99 percent of
the
land federally owned. Arizona;
violence, territory lacks resources
to
sustain a State government.
Colorado: State had a
disproportionate
share
of influence in the Congress and the population of the territory
was
not stable. Florida; population
too small. We get to Hawaii, we
get
to South Dakota, the territories had a disproportionate share of
influence
in the Congress and the populations were not large enough.
These
are the kinds of arguments that are being brought up today.
This
is the kind of prejudice that was held. Violence and racism was
at
the root of trying to stop almost every bid for statehood from
every
State that has existed.[28]
In 1964, 92% of white
"Dixie"[29]
members of the House of Representatives voted against the Civil Rights Act of
1964, an act which effectively ended racial segregation in the United States.[30]
Thirty
years later, the prejudicial voting records of southern Congresspersons against
the empowerment of African-Americans still closely mirror those of their
predecessors. In 1993, 80% of all "Dixie" Congressional members voted
against D.C. statehood.[31]
Submitted by: Timothy Cooper,
Executive Director, Democracy First
4101 Davenport St., NW, Washington,
D.C. 20016
202/244-9479; 202/361-0989
(cell) (in Geneva: 0797175028)
E-mail: Worldright@aol.com
[1] Binns v.
United States, 194 U.S. 486 (1904); Loughborough v. Blake, 18 U.S.
317 (1820); Frison v. United States,
1995 WL 686224 (D.C. Cir. 1995); Michel v. Anderson, 14 F. 3d 623 (D.C.
Cir. 1994); United States v. Cohen, 733 F.2d 128 (D.C. Cir. 1984); Statehood
Legal Action Project v. United States, Civil Action No. 91-3208, U.S.
District Court for the District of Columbia; Carliner v. Board of
Commissioners of District of Columbia, 265 F. Supp. 736 (D.D.C. 1967); Hobson
v. Tobriner, 255 F. Supp. 295 (D.D.C. 1966); Howard v. State Admin. Bd.
Of Election Laws, 976 F. Supp. 350 (D. Md. 1996); Darby v. United States,
681 A.2d 1156 (D.C. App. 1996), Adams
v. Clinton, Nos. 98-1665, 98-2187.
[2]Map of the City of Washington by E.G. Arnold (1862).
[3]Id.
[4]Population Projections for States by Age, Sex, Race
& Hispanic Origin: 1993
[5]Despite vocal opposition to the disenfranchisement of
District citizens, Congress "arguably disenfranchised the District in 1801
out of indifference." See
Peter Raven-Hansen, supra note 16, at 164.
[6]Steven Diner is a Professor of History at George Mason
University.
[7]Steven J. Diner, Statehood and the Governance of
the District of Columbia: An Historical Analysis of Policy Issues, 395, 1991.
[8]Id. at 396.
[9]Id. at 397.
[10]Id. at 397-398.
[11]Id. at 401.
[12]Id. at 403.
[13]Id. at 404.
[14]Id. at 404.
[15]Id. at 405.
[16]Id. at 405.
[17]Id. at 405.
[18]Id. at 405.
[19]Id. at 407.
[20]Id. at 408.
[21]Id. at 410-412.
[22]Congressional Record, 54, November 21, 1993.
[23]Congressional Record, 28, November 20, 1993.
[24]Id. at 32.
[25]Id. at 33-34.
[26]Congressional Record, 53-54, November 21, 1993.
[27]Congressional Record, 39-49, November 20, 1993.
[28]Congressional Record, 54, November 21, 1993.
[29]The "Dixie" states comprise the old
Confederacy, including Virginia, North Carolina, South Carolina, Georgia,
Florida, Alabama, Tennessee, Arkansas, Mississippi, Arkansas, Louisiana and Texas.
[30]Source: Statistics compiled by the Statehood
Solidarity Committee, July, 1992.
[31]The differential between the percentages can be
directly attributed to the wholesale increase in the number of African-American
representatives who won southern Congressional seats in the last election
cycle. These seats were gained as
a result of re-districting. Congressional districts were geographically
re-drawn to incorporate larger black populations in order to assure their
representation in Congress.