Live Blogging the Voting Rights Debate: Round 2

chamber.jpgLast time we live blogged the House debate on District voting rights, things didn't go too well. We're hoping for a bit of an improvement today. From what we've heard on the Hill, debate kicks off at 10:30 a.m., and the legislation has been split up into two separate parts -- one covering the actual voting seats both D.C. and Utah would receive and the other dealing with the minor increase in annual spending the additional seats would carry with them. Should both pass, they'd move on to the Senate; should one pass and the other fail, the legislation as a whole would be tabled.

We're not expecting any surprises, but we can't expect that someone won't try and throw a wrench in the works at some point. For all we know, at the end of the day the District might end up as Maryland's newest county. Or we might all be forced by law to wear funny hats. Or Congress might just tire of us all together and give us to Canada in exchange for the Yukon Territory. Whichever way it goes, we'll be here watching, waiting and likely tearing out our hair when Rep. Louie Gohmert (R-Tex.) speaks.

10:16: Holy crap! Rep. Mike Pence (R-Ind.) is totally going on about the "barbaric procedure" of...oh, well, he's talking about yesterday's Supreme Court's abortion decision. Stick around, Mike. The debate starts in a few.

10:30: Ugh. They're debating some bill on water for the next hour. Seriously, WTF?

10:47: Sweet. We're off! An hour of debate kicks off now.

10:50: Rep. Michael Arcuri (D-NY) has kicked it off for the legislation, calling the District's status "repugnant to the very notion of democracy." He's laying out the case, arguing that the Constitution grants Congress broad powers over the District. "Taxation without representation is tyranny," he says. Damn straight.

10:56: Rep. Pete Sessions (R-Tex.) is now making the case against the legislation, arguing that the Democrats have abused the rights of the minority party to propose amendments. First off, why does Texas hate us so? Second, Pete, you would know something about abusing power, wouldn't you? Hell, you guys were in power for 12 years! Now he's quoting George Washington law professor Jonathan Turley, who has expressed his legal opposition to the legislation. Oh, and there he goes with the "several states" part of the Constitution, a fact that "any fourth grader" can tell you. Snap! Oh, no he didn't! He said the "Democrat" Party. Ok, now he just claimed it's unfair to give D.C. "super-representation." Damn! He's on to our secret -- D.C. Del. Eleanor Holmes Norton has super powers. Maybe she'll use her laser eyes to do away with him.

11:05: Rep. Betty Sutton (D-Oh.) is up. Wow. She's speaks loudly, and somewhat awkwardly. It's kinda like she doesn't know the microphone is on. Now she's going through some key years -- D.C. residents have waited 170 years for a vote in presidential election, 180 years for home rule. "Why make them wait any longer?" No idea, Betty.

11:12: Rep. Sessions is back. It seems that only a few Republicans are looking to line up against the legislation, and he's asked that the Democrats limit the number of speakers in favor. And it looks like they will. Now Rep. David Dreier (R-Calif.) is up. For those who are curious, he represents Rancho Cucamonga, possibly the best-named city in the nation. He's complaining about the rules the Democrats have established for the debate. It seems that Republicans are less peeved about the legislation than they are about not being able to dictate House rules. As a clarification -- this debate is actually on the rules for the real debate on the legislation, which is up next. So, they're debating on how to debate.

11:21: And our own Super Norton is up. According to her, if D.C. was largely Republican, this debate wouldn't be happening. And she's been asked to yield. Her response: "I will not yield!" This woman has passion. Wow. Some Republican just demanded that Norton address her comments to the Speaker of the House, not directly at other members (it's apparently tradition). He then swatted the microphone away in a pissy fashion. This is about as heated as Congress gets. In other countries, they'd be throwing punches by now. And Norton would win.

11:30: Norton is still going, focusing on how Utah, a Republican state, would similarly benefit from the legislation.

11:32: Sessions is back on, talking about how if this should be done, it should be done right, via a constitutional amendment as was attempted in 1978. Now Dreier is talking, and he's praising Norton's passion and performance as our representative. He's running scared. Oh, and he yielded to Norton. She's praising him for objecting on procedural matters, not the substance of the legislation. This has suddenly become a praise-fest.

11:37: Norton is arguing that if there is any debate over the constitutionality of the measure, the courts should be the ones to decide it. Oops! Time up. Norton just got gavelled. And she just got heckled. Wow. She's apparently being a little too aggressive for the House's temperament.

11:45: Rep. Patrick McHenry (R-NC) is now speaking. Oh, and here we go. He mentions retrocession to Maryland as a feasible solution. He's also defending the role Republicans are playing as constitutional scholars, and he's accused Democrats of a "raw power-grab."

11:48: Rep. Tom Price (R-Ga.) is talking about retrocession. Ok, how about a fair trade -- we'll become part of Maryland if Georgia grants a 69-square-mile block to Alabama. Deal?

11:55: Ok, so Rep. Sessions and Rep. Arcuri are closing out the debate. But we're barely getting started! Remember, this is the debate on the debate of the first piece of the legislation, and there is a whole other piece of legislation that needs to be considered. A vote was just called on the rules for the real debate, which is likely up next and will last an hour. So, we just furiously live blogged a debate that really isn't the real debate. Ugh.

Lindsay here, taking the live blogging reigns from Martin.
12:25:It looks like the first procedural vote has passed 219-196.

12:34: Now, the good stuff. John Conyers (D-Michigan) starts the actual debate on the D.C. vote. He begins with a shout-out to Monday's march and outlines the basic arguments for District voting rights. Oh, snap! Conyers met a D.C. veteran with dual citizenship in Iraq, where he gets to vote for a legislative representative, something he doesn't get in Washington.

12:37: Lamar Smith (R-Texas) says the bill in unconstitutional because D.C. isn't a state and the creation of Utah's At-Large representative gives some Utah voters a double vote in the House. Back to the "super-representation" argument. A vote for the District can only be created by a constitutional amendment and this bill only gives D.C. half of their rights, with no Senators. Smith adds he would support retrocession.

12:46: Speaker Nancy Pelosi takes the floor. She loves Eleanor, she loves Waxman, Conyers, Davis and Hoyer. She won't rest until we get voting rights. Put on a pot of coffee, Mabel!

12:50: Fairfax's own Tom Davis (R-Va.) says we shouldn't have to refute every single possible legal objection in order to pass the bill. David checked out the Republican website, which says the party aims to increases representation. "This isn't an argument about what Congress can do, it's about what it's willing to do."

12:55: Jerry Nadler (D-NY) reminds us that in the 1800's the Supreme Court said the District IS a state for the purposes of suing citizens of other states. QED, Congress has the authority to consider D.C. a state for the purposes of representation.

1:00: Bob Goodlatte (R-Va.) wants to eliminate the job of Delegate if D.C. gets a Rep. Yada yada yada, he's afraid of Utah and D.C. getting "super representation"

1:07: Arthur Davis (D- Alabama) says Republicans who want to apply the Second Amendment to the District are tacitly admitting that D.C. is considered to be a "state" for the purposes of constitutional law. If the Constitution doesn't apply, he thinks poll taxes could be instituted in D.C.?

1:13: Gohmert Time! Louie brought visual aids! He's got a blown-up version of Article 1, section 2 with the word "states" highlighted. He's bringing up that Congressmen have a "vested interest" in the District again. He's boasting about his bill to recede land to Maryland.

1:17 Super Norton's up. She suggests asking Maryland whether they want the District back. We suspect they don't

1:18: Sheila Jackson Lee is wearing a gigantic purple scarf and challenges whether we can be in a "more perfect union" without passing the bill.

1:22: No, Louie hasn't asked Maryland if they'll roll out the red carpet. Also, Gohmert's afraid that the Pentagon and other military bases could get their own representative. Gotta love the slippery slope argument.

1:24: Maxine Waters (D-California) chatted with her cab driver on the way to work. She was ashamed to tell the driver, who's got two sons in Iraq, about today's debate. Also, she loves Eleanor, a lot.

1:26: Mike Pence (R- Indiana) quotes Ken Starr and Justice Scalia in saying Congress has the power to extend rights to the District. Strange bedfellows indeed.

1:29: Elijah Cummings (D- Md) and Jim Moran (D- Va.) both stand up for 20 sec. to voice their support. Tom Price (R-Georgia) is back. He too is afraid of super-enfranchised voters from Utah and D.C. terrorizing the nation with their laser-beam eyes and titanium-strength ballot boxes.

1:37: Steny Hoyer: D.C.'s voteless status is an embarrassment, District residents don't want to be part of Maryland. He's talked to 25 legal scholars who confirm Congress has the power to create a seat for D.C., quotes Frederick Douglass.

1:49: Lots of other Dems voice their support. Stephen Cohen (D-Tenn), (remember him, the one who tried to join the Congressional Black Caucus?) makes a baseball metaphor and supports the bill.

1:54: Norton puts a fine point on the debate by bringing race into it. Her great-grandfather was a runaway slave who settled in Washington. For that, she gets a smattering of applause. Goodlatte summarizes the opposition and Conyers the support. Whew! That's more over 24 speakers in just over an hour. Now we've got a few more minor motions. We'll be back with coverage on the actual vote.

UPDATE: The House voted in favor of the D.C. Voting Rights Act, however, if they don't also approve H.R. 1906, which says taxes must be raised to pay for any new programs created, both motions could be tabled. Representatives are now hashing out the wisdom of linking voting rights to budgetary legislation.

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Be On The Lookout for Louie Gohmert's retrocession bill.

user-pic

If you're curious what Louie Gohmert's rump DC would look like, I created a Google Map and snapped a Flickr image of it.

Also be on the lookout for the fact that the bill they're debating today is obviously unconstitutional and will be overturned in the courts.

Well put, J.

Commmmmmme on, retrocession!

Whichever way it goes, we'll be hear watching, waiting and likely tearing out our hair when Rep. Louie Gohmert (R-Tex.) speaks.

Don't you mean "we'll be here watching"?

Can anyone explain this point the Republicans keep bringing up about DC getting two votes in the Committee of the Whole? The delegate position would be eliminated, so there would be no delegate vote to "supplement" the new DC rep's vote. Is there some glitch in the drafting, or is this just the usual blatant lying we expect from Republicans nowadays?

If retrocession is the order of the day, how about sending Texas back to Mexico?

J and Rusty: Courts can't rule on bills that do not become law. Let the courts be the courts. This is Congress. It's bad enough that Louie Gohmert thinks he is still a judge.

Wow, Kate. Things that slow in the copy editing department?

John,

Cool Google Map. Surprisingly looks very similar to Zone 1 on the Cab maps....hmmmmm?

KC-

While the first version of the DC voting bill (HR 1433) would have repealed the office of the DC Delegate, the current version (HR 1905) would not. So the question is, was this just sloppiness on the part of the Democrats, or something more sinister???

"Rancho Cucamonga, possibly the best-named city in the nation"
and home of the Wildcats, if I remember my Looney Tunes correctly.

Kate: "tearing out our hair when Rep. Louie Gohmert (R-Tex.) speaks."

Is that a sly reference to Louie's joke to Fred Thompson: "It's nearly impossible to get elected if you're bald-headed."?

Well, if we're talking retrocession, can we please give the non-Federal part of DC back to the Native Americans? At least they know how to balance a budget, unlike Maryland, and John Ray and his Cayman Islands Holding Company can get to work setting up slot machin....er...."video wagering terminals" all over town.


Also be on the lookout for the fact that the bill they're debating today is obviously unconstitutional and will be overturned in the courts.

Well, both Kenneth Starr and Viet Dinh have argued that the bill is entirely constitutional. Nice to see GOP activists admitting that the guy who impeached Bill Clinton and the guy who wrote the Patriot Act know absolutely nothing about the Constitution, but the country really could have used you guys sooner on this.

Well, maybe we should see if West Virginia's statehood would hold up in the courts.....

Well, maybe we should see if West Virginia's statehood would hold up in the courts.....

monkeyrotica: In 1996 a Federal Court ruled that the Alabama-Coushatta people had proved their title to 6.4 million acres in East Texas, including Angelina County in Louie Gohmert's First Congressional District. Retrocession, anyone?

I just wanted to say, Lamar Smith is a big fat flaming douche.

That is all.

Anyone want to start a pool on how many times we'll have to hear the first sentence of Article I, Section 2, repeated on the floor?

Rancho Cucamonga, possibly the best-named city in the nation

The residents of Blue Ball, PA, strenuously object.

"Conyers met a D.C. veteran with dual citizenship in Iraq, where he gets to vote for a legislative representative, something he doesn't get in Washington."

Well, there's your answer. CEsession anyone? Who's for the Sovereign Nation of Panjandrum on the Potomac. And the initials "PP" dovetail nicely with the dog feces thread from this morning.

Great. Lamar Smith (R-TX), defender of voting rights, is outraged that the bill doesn't give DC two senators. Sure, Lamar, we believe that's your real reason for opposing it.

Let's take a step back. I mean, really, has EU accession been taken off the table entirely? ;)

Maybe Lamar Smith can talk about guns again. I'm sure the parents of Virginia Tech students would appreciate that.

Goodlatte yielded time to Davis to speak in support of the bill? Does that mean Goodlatte is supporting it, or is it just courtesy to a fellow Republican?

Um, ghettoburbs - I think that's Blue BELL.

Although, if there is a Blue Ball, that would be fucking hilarious.

Just in case anyone else is interested, CSPAN is hosting this at

www. cspan.org / watch/cs_cspan_rm.asp?Cat=TV&Code=CS

spaces included to get around linklock.


Okay, there's my answer. Goodlatte is opposed. Like a bunch of Republicans, he's suddenly very much in favor of representation for DC residents but just can't support this method of doing so.

By the way, for those convinced that an at-large House seat for Utah is unconstitional, Ohio had such a seat for a long time, and it was never found unconstitutional.

Cliff - "The Supreme Court, in 1871, decided in favor of West Virginia."

as much as i want d.c. to have a vote, is dcist really overlooking the fact that an at large rep for utah is blatantly unconst. while the d.c. voting right in itself is at least debatable. i would love for d.c. to have a vote but i don't like the immediate dismissal of every republican statement.

KT, can you point to the exact text in the Constitution that would prohibit the Utah at-large seat? The representation of Utah would still be determined by its population as set forth in the Constitution. There was a similar Ohio at-large seat for many years with no constitutional challenge.

Is it any wonder Texans would be opposed? They think they're already underrepresented and actually deserve 170 Reps and 16 Senators.

I am a Texan transplant to DC and I:

a) want DC to have representation, and

b) think we should give Texas back to Mexico. just think how the last two elections would have turned out if there weren't any Texas electoral college votes!

How far is Blue Ball, PA from Intercourse, PA?

Seriously, why not simply propose suspending federal taxation for DC residents? This is an easier argument to make and will really rally the citizens.

"Bob Goodlatte (R-Va.) wants to illiminate the job of Delegate if D.C. gets a Rep. Yada yada yada"

I guess DCist decided to illiminate its spell-checker.

Also, why shouldn't DC's non-voting delegate be eliminated if the District gets a voting rep? Or is it just a knee-jerk reaction to oppose and belittle anything a Republican says?

KT: This is not the first such debate. That is why anyone who has even glanced at the record can indeed immediately dismiss the cheap, shop-worn, partisan posturing. For those unwilling to act, any old excuse is a good one. BTW, it has not always been Republicans who denied DC representation.

Hey, did anyone identify the pissy member who swatted the mic at 11:21? I think there's a Registry of PA System Abusers.

Um, ghettoburbs - I think that's Blue BELL.

Although, if there is a Blue Ball, that would be fucking hilarious.

There comes a time in every boy's life, whilst living in Virginville, that Blue Ball sets in. The solution, of course, is to head on over to Beaver for a little Intercourse, thereby entering Mount Joy. Directions enclosed.

"Gohmert's afraid that the Pentagon and other military bases could get their own representative"

Gohmert was an Army JAG lawyer for 10 damn years. Part of the job description: advising soldiers on where they can vote.

Shame, Louie. We don't expect this kind of behavior from an Eagle Scout who teaches Sunday School.

1:29 made me snarf my drink.
I love you guys, thanks for the play-by-play.

Viva DC Libre!

ghettoburbs - that is fantastic!

Mike Pence (R- Indiana) quotes Ken Starr and Justice Scalia in saying Congress has the power to extend rights to the District. Strange bedfellows indeed.

Indeed! I knew we had Starr on our side, but I didn't know about Scalia! If such a strict constructionist believes the act is constitutional, we DO have a fighting chance in the courts!

This may be a stupid question, but if citizens in the four or so Commonwealths can vote, why not citizens of a District? The whole Republican argument is that the Constitution is QUITE CLEAR, DAMN YOU ALL. It says states. So it's limited to state. But what about Va, Mass, and the other Commonwealths? Yes, I know, a technicality. But either it's JUST states or it's not.

ghettoburbs, thanks for the map! i saw the earlier comment and thought, "wow, has this guy never seen a map of Pennsylvania?"

not that this comment has anything to do with the real topic at hand.

- a resident of previously receeded land, who feels the DC residents' disain in the idea of A. having to change their addresses and the utter mess in filing taxes it would bring, and B. having ::gasp:: MARYLAND on their licenses.

It's a lot more than have MD license plates. It's adopting the MD version of gay rights (thereby limiting the equal status of DC residents), many other social issues, city worker pension plans, judicial system, and the jillion or so other things that DC does now because it doesn't have a state. The logistics involved would be quite a challenge.

Hillman - I think I saw you ask that the other day and did a bit of research.. the only Commonwealth outside the 13 colonies is Kentucky. Since the ones inside the 13 were sent delegations to and signed and ratified the Constitution, I'd say that qualifies them. Also, at the time of the Constitution's writing, some of the commonwealths were interchangibly called state or commonwealth (for instance the PA constitution uses both terms).

en.wikipedia.org/wiki/Commonwealth_%28United_States%29

Hillman, "commonwealth" is in that context just a synonym for "state" that some states use occasionally. Virginia, for example, is a state. We have 50 states, not 46.

The issue of whether DC can be treated as a state for this purpose has nothing to do with the "commonwealth" nomenclature. Puerto Rico also calls itself a commonwealth, but it's clearly not the same sort of entity that Virginia is.

"Is it any wonder Texans would be opposed? They think they're already underrepresented and actually deserve 170 Reps and 16 Senators."

Funny you should mention that. As I remember, as part of the annexation of Texas, the state has a reserved right to unilaterally split into 4-5 different states. From what I read, this right still exists, and was discussed as a method of getting around the Democrats fillibusters (presuming, of course, that a good number of those new senators would be Republican).

Hillman,

Commonwealth is just an old word for a type of government. It doesn't have anything to do with statehood.

Then maybe we should team up with Kentucky for statehood.

I appreciate the commonwealth commentary, but if the argument is that we're limited to the term 'state' then that's pretty specific - any entity that isn't called a state is disqualified. Of course it's clear that the commonwealth nomenclature is just a detail, but if you're going to argue that basic democratic rights are limited based on the definition of one word (state), then it's a bit disingenous to not limit it quite specifically to just states. Otherwise, why can't the District just say "Oh, we just call ourselves a District" What "district" really means is "state"?

Again, I'm not touching on the District clause specifically. I'm just arguing semantics here.

Reid says: "As I remember, as part of the annexation of Texas, the state has a reserved right to unilaterally split into 4-5 different states."

Way back in the last century I lived in Travis Co. (County Commissioner: Ann Richards) and there was talk of spliting Texas for purely cultural reasons. That was before the Republican Blitzkrieg.

Hillman, it doesn't matter what a state calls itself (commonwealth, state, district, republic, whatever), what matters is that it is incorporated as a state into the Union. 50 states with 50 different governments have been incorporated as states into the Union. The District of Columbia has not.

Hillman, I believe the argument is not just that there's a magic word "state" that creates representation, but rather that there is a category of sovereign entities, that for lack of uniformity we just call states, and that the District is not in this category.

Of course we all know that with regards to many issues, the supreme court has decided to treat the District just like those other sovereign entities generally called states. But it definitely has not said the District should be treated exactly like them in all circumstances (for instance, the 14th amendment doesn't apply to DC).

So we have the court saying sometimes "state" means this exclusive group of 50 sovereign entities, and sometimes in doesn't. I personally think that there is enough to support both conclusions, but I think there is probably more support for the view that the bill is unconstitutional. I never thought the argument based on the District clause was very strong. This isn't about Congress making laws for the District, it's making laws for the Congress, which affects everyone, not just District residents.

But anyone who says they're sure this is constitutional or unconstitutional is misguided. It's a coin toss, which will be decided by the whims of the court, not some computer formula.

The bill must have passed. Streams of Republican refugees are leaving my Hill neighborhood, headed for the suburbs.

Hillman, it has nothing to do with what the entities are called. Virginia is a state. It's a commonwealth as well, but that's irrelevant to the argument. The difference between the District and the 50 states isn't just a matter of terminology -- the District's relationship to the federal government is quite different, and would continue to be different even under this legislation.

Georgia's Tom Price just called this Congress "the most oppressive Congress ever." With a straight face.

Can we hurry up and get this to the Senate where the bill can die in committee? Then we can send it to the White House where POTUS can veto it.

I forget, what was the point in all this rigamarole? I vaguely recall it had something to do with monkeys with jetpacks and flails, but I may be mistaken.

Martin, HR 1906 doesn't raise taxes. It just raises estimated tax payments so that a little bit of tax gets paid in an earlier year than it would be otherwise. So the Republican complaint that this is stretching the concept of pay-as-you-go seems somewhat justified, unfortunately.

Does anyone know where to find a list of how each member voted on this bill?

that extra star will totally throw off the feng shui of the flag

KCinDC: Has this stratagem been used to justify other bills recently?

There's both a Blue Bell and Blue Ball in PA. Blue Ball is about 20 mins from Intercourse, PA. Also nearby - Bird-in-Hand, PA.

whitehatgirl: the Examiner has vote results


examiner.com/a-683555~Roll_Call_Vote_on_D_C__Voting_Rights_Act.html

You can get the roll-call results for any House vote at clerk.house.gov and the results for any Senate vote at senate.gov

Look for the "roll call votes" link on either page.

Friday's Post: "The budget measure passed 216 to 203 and was then combined with the voting rights bill that had passed."


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