Academic

Can Congress by Ordinary Legislation Create House Seats for DC?

By Calvin Massey

According to the New York Times, Congress is on the verge of passing legislation that would give the District of Columbia two House seats.  As a sop to Republicans, the bill would give an additional seat to Utah.  But the Constitution squarely states that the House "shall be composed of Members chosen every second Year by the People of the several States."  Article I, section 2.  The federal district is not a state.  This legislation is unconstitutional and should be promptly invalidated as soon as a court gets its hands on it.  Representation in Congress for the federal district requires a constitutional amendment.  

Hat tip to Patrick Bageant, one of my Boalt (UC Berkeley) students. 

Full post as published by The Faculty Lounge on February 25, 2009 (boomark / email).