Taxation without Representation

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Taxation without Representation
by James Hall, Associate Editor

May 15, 2002

"Leaning Left"

James Hall "It should offend the democratic sense of this nation that the citizens of its capital...have no voice in the Congress." - President Richard M. Nixon (R-CA - 1913-1994)

"The people of the District...suffered more lives lost in the Vietnam War than 10 states...conscription without representation." - Senator Robert Byrd (D-WV)

Imagine you live in America but have no Senators or Representatives to fight for your interests in Congress. You pay income tax, are subject to the draft and other federal regulations, and Congress even meddles in your city's internal affairs. But you have no vote in Congress.

Americans fought a Revolution to stop government without representation, but for the nearly 600,000 people living in the District of Columbia, Washington, DC, that's the way things are. Unlike citizens in Puerto Rica and the US Territories, they must pay income tax and register for the draft. In over 500 ways, the federal government treats citizens of DC as though they were citizens of one of its states, but without the voting representation in Congress itself.

For some time the citizens of DC have been trying to do something about his state of affairs. DC government sponsored a license tag, "Taxation Without Representation," that President Clinton had placed on the White House limousines in the waning months of his administration. President Bush promptly had the tags removed as one of his first official acts.

But DC voters aren't giving up the fight. On May 15, they'll lobby Senators for their support of the "No Taxation Without Representation Act" (S. 603), a bill which would force Congress to choose between repealing income taxes for DC residents or providing Congressional representation for the district. (There is even a website for this). A recent ordinance supported by ten members of the Washington City Council would add the words, "Taxation Without Representation" to the city's flag.

There are at least four different ways that Congress could give DC residents their rights:

*DC Statehood -- Congress could make Washington, DC the 51st state would give it two Senators and at least one Congressman. A state government would then take over all functions of the government that Congress currently regulates.

*Direct Statutory Enfranchisement -- Congress could grant DC two Senators and a Representative without officially declaring it a state, much as it now treats DC citizens as though they were citizens of a state, but without state representation.

*Retrocession to Maryland -- Citizens of DC, which once included parts of Virginia as well as Maryland, were for a time considered citizens of either Maryland or Virginia and voted in state races. In 1846, the portion of DC which came from Virginia was returned to that state. With the Maryland Legislature's agreement, nonfederal portions of Washington could be returned to Maryland, giving the citizens of Washington the ability to vote in state and local elections and to have representatives for their interests in Congress.

*Count DC residents as Maryland voters -- Congress could pass a law that counts DC voters as Maryland residents in the Census and for the purpose of apportioning Congressional Representatives. Congress would maintain control over DC itself, but its residents would be represented by Maryland's Senators, and with DC's large population Maryland would likely gain an additional Congressman from DC to represent its interests in the House of Representatives.

In 1978, a constitutional amendment to grant DC citizens full representation was passed by Congress, but failed to gain ratification from the 38 states it needed. Under Article IV, Section 3, Congress has the right to admit new states into the union. Whether it creates a new state or simply moves to return DC voters to Maryland residence, Congress ought to act promptly to restore voting rights to the disenfranchised residents of our nation's capital. ***

Photo of the author courtesy of staff files