D.C. Voting Rights Act Dead. Again.

Some folks may remember last summer's dust-up over this. There was a bill before Congress to get the District of Columbia a seat in the House. John Ensign tacked the Second Amendment Enforcement Act onto it, and it became something of a poison pill. Democrats were unable to excise his amendment, and if the District was to get a house seat, they'd have to comply with the Heller ruling.

Rather than risk loosening the District's gun laws, Congress chose to simply drop the whole matter completely.

Well, history repeats itself, though rarely this quickly. This year's version quickly found the Ensign amendment attached to it again, and again Congress chose not to decide.

Paul Helmke's response was to gloat, calling the whole thing a "Faustian bargain" and voicing his pleasure that the District would be sticking to its guns, even if it cost them something advocates of DC statehood consider to be a huge priority.

It all raises a difficult question, however. What if Congress had chosen to pass the bill, with the Ensign amendment? Would it have been worth the compromise?

Washington DC isn't a state, and as such, they don't qualify for representation. The Supreme Court ruled as such twice, in District of Columbia v. Murphy (1941) and District of Columbia v. Carter (1973). Article I and Section 2 of the 14th Amendment only mention the states as being entitled to send representatives to the House.

Clearly, there's a need to enforce Heller in some way. But would we be playing a little too fast and loose with the Constitution if we supported the Voting Rights Act to further the cause of the 2nd Amendment?
 
I'd think it would be challenged to SCOTUS, and tossed, as the Constitution is pretty straight forward...kindas like 2A. Then they lose all the way around.
 
With all due respect, republicans don't want DC to have a voting representative.

If adding a gun rights amendment to the bill hadn't killed it the republicans would have done it some other way.

They wouldn't want to add a safe seat for the dems.
 
If adding a gun rights amendment to the bill hadn't killed it the republicans would have done it some other way.
What worries me is that that's all this was to many: a means to and end, rather than the end itself.
 
Would it have been worth the compromise?

Nope. Not worth it.
The federal enclave of Washington, DC does not get representation. Period.
If it's residents are unhappy with that, they may MOVE.:mad:

YMMV.

p
 
paull said:
The federal enclave of Washington, DC does not get representation. Period.
If it's residents are unhappy with that, they may MOVE.

Bingo. DC doesn't get represented in Congress. That's the way it is, if residents don't like it that's too bad, they can't go about changing the rules out of convenience.

Article 1 Section 2 said:
The House of Representatives shall be composed of Members chosen every second Year by the People of the several States...

[QUOTE="Article 1 Section 4]The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; ...[/QUOTE]

etc etc.
 
This was, and is, nothing more than blatant pandering. Legislation that was really never meant to see the light of a vote. I can say this because of Section 7 of the act you referenced:

SEC. 7. NONSEVERABILITY OF PROVISIONS.

If any provision of this Act or any amendment made by this Act is held invalid, the remaining provisions of this Act or any amendment made by this Act shall be treated as invalid.​

Normally, you will find a severability section in almost all legislation. Why? Because if one part is struck down by the courts, the rest will generally survive.

Here however, we find a clause of nonseverability! Meaning that these yokels knew/know that the law will be struck down, so that all other clauses (or amendments) in the bill will be struck down along with whatever portion was deemed invalid.

I mean, if this was meant to be some kind of a bone thrown to D.C., then it matters not what gets amended to the bill. It all fails, due to existing constitutional constraints.

So what is the purpose of such a bill?

Political posturing?

After all, it inflames those residents of D.C. that don't understand the constitution. And not just to the D.C. residents, but to all citizens who feel that these residents should have the same say in government that State Citizens have. It adds to an existing base that would like to see a constitutional amendment to actually make this happen.

It tests the waters, so to speak, on where the nation is, in regards to allowing D.C. become "as" or "like" a State.

By adding the gun stuff, it allows the "good gun guys" to make points back home. By failing, it allows the "bad gun guys" to make a few rants.

Everybody gets something from this farce and goes home happy.
 
Antipas is spot on as usual. I'd like to add that a lot of gun owners fall for things just like this. Everyone once in a while you will hear at your local gun store or in an email making its rounds that House Bill XXXX was just introduced that would ban all semi-automatic hand guns or require all ammo to be registered and microstamped or anyone filling out a tax return needs to give the number of guns and their serial numbers etc etc. We usually see one of these on the forum every week or two weeks, and there is a reason they all get locked. The posts are not lying, they are just misinformed. These bills do get introduced, but they are only for the reps to go home and say "I am sponsoring legislation to ban all handguns in the United States" and nothing more. The representatives know they will never actually be voted on, but it looks good for them to go back to their pro-gun-control districts and say they are fighting the good fight.

And it is not exclusive to one party, we see income-tax and medicare/aid repeals introduced every year, too. Both sides provide catnip for their base and fodder for their enemies, the only difference is which of the two groups is in the majority in their district.
 
Considering the fact that Washington DC was only supposed to be a seat of government and not for residence - DC shouldn't have voting rights.
 
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