Constitutional Quirk or Cheat

Some members of our Congress are once again attempting to override the Constitution of the United States. The argument in their quest to cheat the Constitution is based on what they call a “quirk of constitutional law” which treats Washington, D.C. like it is not a state. Alarmingly, sixty-one of our Senators have agreed that our Constitution is wrong.

Article One of the Constitution allows states to send duly qualified and chosen members to the House of Representatives and the Senate. The District of Columbia was created by territory lawfully ceded from states in order to establish a district under the control of Congress.

As most folks already know, Washington D.C. has never been a state–thus the smart people reading this already know why D.C. does not have Congressmen and Senators voting to change the nation’s laws.

Nevertheless, I will continue before I make my point. I have discovered that it is far easier to write, than it is to speak, with one’s tongue in his cheek.

When James Madison wrote in the Federalist Papers that every imaginable objection seems to be obviated, he thought he had explained it well enough. But in a world where everything seems to be subject to redefinition, maybe he was wrong.

What?

Maybe he was wrong. Maybe districts and territories should have the same rights as states. If so, where would that apply?

If Washington D.C. was given States’ rights we would get two new Senators and then Congresswoman Eleanor Holmes Norton would become a full fledged voting Congresswoman.

Washington D.C. already has a Congresswoman? But the Constitution says…

We’re not talking about what the Constitution says or doesn’t say, at least not since the third paragraph above. This entire discussion is assuming the Constitution is wrong. Right?

Okay, here we go again.

If Washington D.C. gets States’ rights, then why not Puerto Rico? Puerto Rico is filled with American’s that fight our wars and do great things. Just because they’re not a state is no reason to deny them Constitutional States’ rights, is it? Once we do that, we’ll add two more senators (making it 104) to help make our nations laws better and more fair for everyone.

And if Puerto Rico gets states’ rights, then why not the Northern Mariana Islands, the United States Virgin Islands, and American Samoa? There would be no reason to deny them states’ right also–thus the number of senators would increase to 110. Seems fair and it’s not too much of a change–only 10%.
But wait, there are other territories: Baker Island, Howland Island, Jarvis Island, Johnston Atoll, Kingman Reef, Baj Nuevo Bank, Serranilla Bank, Midway Islands, Navassa Island, Wake Atole, Palmyra Atoll…

What? Most of those places don’t even have a population, why should they have States’ rights?

But they are territories, and if some territories get state’s rights all of them should have it, right?

Well, maybe not, I don’t know. We can’t get help from the Constitution because we already know it is wrong.

How about if we try using logic?

Because states’ rights is all about people, not necessarily the territory or land associated with it–though that counts for something. We shouldn’t give a lump of dirt States’ rights. Okay, but it seems discriminatory.

Maybe we can look at the Constitution for some help here.

Then let’s go back to Article 1 Section 8 and look at those authorities of Congress:

To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings;

So that sounds a lot like military bases. Using the same logic, all those Federal properties known as military bases need states’ rights too, right?

Some people might argue against that by saying, “The folks in the military are not allowed to hold public office. None of those military people have a right to states’ rights. The bases were bought and paid for with public money.”

Well, so was Washington D.C. and certainly the wives and families of those military people need their rights too. Using the same logic as we did in passing out States’ rights to all the other non states, each military bases should be given States’ rights. The spouses of the military that live there could be elected to hold offices in the Senate and the House of Representatives.

Let’s see that would bring the number of Senators up to … about 750–give or take a few. Most of the new Senators would be the wives and husbands of the brave, the few, the defenders of freedom. I wonder how that will affect the amount of taxes being levied on Americans. Even more, I wonder how that will affect military pay raises and the defense budget.

One thing is for sure, if we do this, we’re going to need a bigger capital.

Or better yet, maybe our elected officials, who have taken a oath to preserve, protect, and defend the Constitution, should reconsider any act that will not preserve the Constitution of the United States.

We have a multi-partisan assault on our Constitution. Sen. Orrin Hatch (R-Utah), Sen. Joe Liberman (I-Con) and Sen. Harry Reid (D-Nev) are only three of the sixty-one Senators who are supporting giving States’ rights to a non-state. If they believe the Constitution is flawed, they should sponsor an amendment to the Constitution to change it. Then, at least, the states get some say in the process that will degrade their exclusive status given to them by the Constitution.

Constitution cheating can’t continue — unless we the people permit it–we’ve got to stop this.

It just makes sense.

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