House Passes Legislation That Overrules DC Voting, Crime Bills

(L-R) Reps. Matt Gaetz (R-Fla.), Eli Crane (R-Ariz.), Matt Rosendale (R-Mont.), Lauren Boebert (R-Colo.), Andy Biggs (R-Ariz.) and Bob Good (R-Va.) sit together in the House Chamber during voting for Speaker of the House during the fourth day of elections at the U.S. Capitol Building on Jan. 6, 2023. Win McNamee/Getty Images

The House of Representatives on Feb. 9 approved two measures that overturn bills passed by the Council of the District of Columbia.

Specifically, the legislation would block a pair of laws recently approved by the D.C. City Council.

One of these measures, the Revised Criminal Code Act, would lessen penalties for violent crimes even as Washington is experiencing a record-breaking crime wave. That proposal was vetoed by Washington Mayor Muriel Bowser; the D.C. City Council later overruled Bowser’s veto in a 12–1 vote.

The other measure, the Local Resident Voting Rights Amendment Act, would allow noncitizens in Washington to vote.

Rep. James Comer (R-Ky.), who serves as chairman of the House Committee on Oversight and Accountability, indicated that he would be focusing on the issue.

Rep. James Comer (R-Ky.) during a hearing in Washington on July 27, 2022. Drew Angerer/Getty Images

“The D.C. Council’s reckless decision to allow non-U.S. citizens and illegal immigrants the right to vote in local elections is an attack on the foundation of this republic,“ Comer said in a statement. ”This move by the Council is irresponsible and will only exacerbate the ongoing border crisis, subvert the voices of American citizens, and open the door for foreign adversaries to peddle influence in our nation’s capital.”

Crime

The Revised Criminal Code Act seeks to lessen penalties for violent crime.

The House voted 250–173 to approve the measure.

The Washington Metropolitan Police Department has reported a substantial uptick in violent crime on its website.

According to that info, homicides are up by 29 percent over the same time last year; sex abuse is up by 143 percent; motor vehicle thefts are up by 89 percent.

Republicans say the D.C. Council’s bill will only serve to exacerbate this situation.

“The D.C. City Council seems unperturbed” by the increase in violent crime, Rep. Nick Langworthy (R-N.Y.) said.

New York State GOP Chairman Nick Langworthy (L), speaks in front of the Office of the Governor of the State of New York. via Facebook

During a Feb. 6 hearing of the Rules Committee, one Republican noted that the bill was “too radical” for Democrat Mayor Bowser, who vetoed the bill.

Only one member of the D.C. City Council voted against the measure.

During comments in the Rules Committee, Republicans noted that the capital city receives about 19 million visits per year, many by the constituents of members of Congress. This fact, Republicans said, puts the GOP well within its rights to disapprove the resolution.

Voting

The measure would also overrule a bill that would allow illegal aliens in Washington to vote.

The House voted 260–173 to approve the measure. Forty-two Democrats joined Republicans to vote for the measure.

During testimony to the Rules Committee, Rep. Jamie Raskin (D-Md.), asked “why anyone [would] care” about Washington allowing illegal aliens to vote.

Rep. Mark Alford (R-Mo.), during a speech on the House floor, had an answer.

“If D.C. allowed illegal aliens to vote, it would have massive consequences all over our nation,” he said. “Where would it end?”

The 26th Amendment “is clear,” Alford said: “Voting is a privilege for citizens.”

That amendment lowered the required age to vote.

Specifically, the 26th Amendment, the second most recent addition to the Constitution, reads: “The right of citizens of the United States, who are eighteen years of age or older, to vote shall not be denied or abridged by the United States or by any State on account of age.”

‘Colonialism’

Democrats portrayed the effort to overrule the D.C. City Council’s bills as “colonialism” by Congress.

Del. Eleanor Holmes Norton (D-D.C.), in a speech on the House floor, called the measures “profoundly undemocratic.”

Del. Eleanor Holmes Norton (D-D.C.) speaks on Capitol Hill on May 21, 2020. Saul Loeb/AFP via Getty Images

“Instead of abusing its power over D.C. by nullifying legislation enacted by the D.C. Council, the House should adhere to democratic principles and pass my D.C. statehood bill, which would give D.C. residents voting representation in Congress and full control over their local affairs,” she said in a statement.

Norton is a delegate, a nonvoting member of Congress. While delegates can speak on the issues that matter to their constituents, they can’t introduce or vote on bills, nor do they serve on committees.

In her statement, she argued that the issue should be left to D.C. to decide.

“Congress has 535 voting members,” Norton said. “The members are elected by the residents of the several states. None are elected by D.C. residents. If D.C. residents do not like how the members vote, even on legislation that applies only to D.C., such as the two disapproval resolutions, they can only ask politely for the residents of the several states to vote members out of office.”

Rep. Mary Gay Scanlon (D-Pa.) called the bills a challenge to D.C.’s right “to political self-determination.”

“If my Republican colleagues insist on acting like a colonial overseer of the District of Columbia, the least they could do is hear from the people of D.C.,” Scanlon said.

Raskin echoed the sentiment.

“I rise today in strong opposition to H.J.Res. 26,” the Maryland Democrat said. “The second episode in the new mini-series where the House Majority asks the United States Congress to act as a supercity council of 535 members to make decisions for the people of Washington, D.C.”

GOP Reply

Republicans argued in response that the Constitution is clear that Congress has the power to regulate and legislate D.C.

Article I, Section 8 of the Constitution, which enumerates the powers of Congress, reads: “[Congress shall have the power] 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 Government of the United States.”

Rep. Andrew Clyde (R-Ga.) made this point in a Feb. 9 speech on the House floor.

“Article 1, section 8, clause 17 of the Constitution grants Congress the authority to, and I quote, ‘exercise exclusive legislation in all cases whatsoever over such district,'” Clyde said.

“We don’t just have a Constitutional obligation to stop the soft-on-crime bill from becoming law. We also have a moral obligation to protect Americans’ safety and security in our nation’s capital city.

“Under the D.C. council’s radical crime bill, residents, small businesses, constituents, and our own staff here on Capitol Hill will inevitably encounter additional danger and violence.

“Clearly, crime after crime is on the rise here in D.C., yet the D.C. council’s bill will only make matters worse.

“Combating crime is not a conservative or a liberal objective. It’s not Republican or Democrat. It’s simply a commonsense one.”

Calls for DC Statehood

Many Democrats, including most prominently Norton and Raskin, took the opportunity to reiterate calls for D.C. statehood. Republicans, however, are hesitant to accept such a move.

Lead House impeachment manager Rep. Jamie Raskin (D-Md.) speaks on the fifth day of former President Donald Trump's second impeachment trial at the U.S. Capitol on Feb. 13, 2021. congress.gov via Getty Images

“There will be a parade of attacks on local democratic self-government in Washington, D.C.,” Raskin said. “Now, I believe that the people of Washington should be treated like all other American citizens. And right now, what they’ve asked for is admission to the union as a state.”

Likewise, Norton called for Congress to drop consideration of the bill and instead consider one that would make D.C. a state.

The federal district regularly votes more than 90 percent for Democrats.

If D.C. were made a state, it would almost certainly mean a major increase in Democrats’ control over the Senate, as all states receive two senators regardless of size.

To advance, Republicans’ bills will also need to win the approval of the Senate, where they will face a tougher challenge. Democrats have broadly expressed opposition to the measures.

Like all legislation in the upper chamber, it will need at least 60 senators’ support. If it overcomes this hurdle, it would still need to win President Joe Biden’s approval.