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February 10, 2012
Lisa M. Krieger: Man with defibrillator demands access to his own heart's information
David G. Savage: Why activists may not be in a hurry to have High Court rule on alternative marriage
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Kimberly Palmer: How to actually enjoy -- relaxing, financially -- your vacation
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The Kosher Gourmet byDana Velden: Going to the bother of making soup? You know it better be good. This CREAM OF TOMATO SOUP certainly is! And it's a cinch to make, too (Includes techinques and serving secrets)
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Frank J. Gaffney, Jr.: Caught off-guard? President's Super Bowl interview with Matt Lauer gives those who need a reason not to vote for him, a darn good one
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Jeffrey Fleishman: In newly democratic Egypt, tens of democracy activists jailed, to stand trial; their groups are 'threatening the stability of the homeland'
Julie Deardorff : Researchers say antioxidants may not be that effective and could do more harm than good
Mark Clayton: How did Anonymous hackers eavesdrop on FBI and Scotland Yard?
February 3, 2012
Edmund Sanders : Israeli official says Iran is creating missile that could reach East Coast of US
Victoria Kim: Immigrant-smuggling ring used black drivers to avoid racial profiling
February 2, 2012
Jim Carney: Wrong number call may have saved her life
Reza Kahlili : Ex-CIA spy in Iran's Revolutionary Guard: What Obama doesn't grasp about striking deals with Tehran
Tina Susman: For woodchuck rescuer, every day is Groundhog Day
February 1, 2012
Brian Bennett: US officials see increasing threat of domestic attack from Iran
Emily Brandon: How to Take Advantage of New 401(k) Fee Disclosures
January 31, 2012
January 30, 2012
Paul Richter and Ramin Mostaghim: Misreading Teheran's limits -- deadly and economically devastating as they may be -- is a risk administration, Europe seem willing to take
Suzanne Bohan: Warning: Nap-deprived tots missing more than sleep, study finds
Meg Handley: Banks Revamping Rewards Programs to Woo Customers
January 27, 2012
Caroline B. Glick: Obama: Of course I intend to prevent a nuclear holocaust . . . in a few months
Yochonon Donn: In liberal New York City, fervently-Orthodox Jews may soon be getting a district to call their own
Jeannine Stein: An inflated ego and thinking you're 'all that' doesn't just make others sick of you, it can make you ill
Katy Hopkins: New budget rules may affect how much money you get for college
January 26, 2012
Ed Koch: To the New York Times, calling for the murder of Jews by those capable of having their incitement taken seriously isn't news
Jeannine Stein: Mental illness struck one in five U.S. adults in 2010: Report
January 25, 2012
Richard Simon: House passes two bills endorsing the use of religious symbols at military memorials
Fred Weir: Putin: Multiethnic Russia cannot survive as a US-style 'melting pot'; must find its own way
Susan Johnston: 5 Sneaky Coupon Strategies Consumers Should Watch Out For
January 24, 2012
Carol Clark: The price of your soul: How your brain decides whether to 'sell out'
Caroline B. Glick: America lost most in 'Arab Spring'. Sadly, many voters still don't grasp the extent
Warren Richey: Drug criminal scores win in GPS ruling from conservative-leaning high court
Erika Bolstad: Black conservatives gather to talk about gaining strength
January 23, 2012
Melissa Dribben: Jewish voters to play a key role in Florida's Republican primary
Jordan Rau: In quest to grow, Catholic hospital system will announce this morning its break from church
Ali Safi: U.S. envoy gives Taliban terms for peace talks
January 19, 2012
January 18, 2012
January 17, 2012
Frank J. Gaffney Jr.: No-kidding red lines: U.S. response to an Iranian nuke may be bluster, but Israel's won't be
David G. Savage: They sued their principals after slandering them online --- now the cases are headed to the Supreme Court
David Francis: Where to Invest in 2012: With stocks expected to rebound, opportunity abounds for investors
January 13, 2012
Ben Lynfield: Israeli lawmakers move to annex Jewish Judea, one museum at a time
Alexia Elejalde-Ruiz: Thriving through touch: Gentle massage helps older people with low mobility improve in mind and body
January 12, 2012
Warren Richey: Landmark Supreme Court ruling a 'resounding win' for religious groups
Warren Richey: Supreme Court says no to new rule on eyewitness testimony
John Fauber : Statins found to raise diabetes risk in postmenopausal women
Katy Hopkins : Consider This Before You Pay for an Online Degree
The Kosher Gourmet by Joseph Erdos: This mushroom and barley soup has an intense -- almost nutty -- flavor that mixes robust with Middle East. It has creaminess without cream
January 11, 2012
Shari Roan: Millions of atrial fibrillation sufferers at risk for devastating, but preventable, stroke
Tom Hussain: Pakistan -- recipient of more than $21 billion in civilian and military aid -- speeds pursuit of Iranian pipeline, defying US
David G. Savage: High court signals it won't be loosening TV's 'indecency' rules
Stephen Ceasar: Oklahoma's Islamic law amendment can't go into effect, court rules
January 10, 2012
Reza Kahlili: From an ex-CIA spy: US must exploit new split in Iran's Revolutionary Guard
Karen Kaplan: Study: Nicotine replacement products ineffective when used in real-life situations
January 9, 2012
Michael Doyle: Put through legal hell over dream home, couple fought back hard --- all the way to Supreme Court
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Jewish World Review
March 29, 2007
/ 10 Nissan, 5767
The Seat Congress Can't Offer
By
George Will
http://www.JewishWorldReview.com |
Lincoln supposedly said: If I call a tail a leg, how many legs does a dog have? Five? No, calling a tail a leg does not make it a leg. Which brings us to the proposal to treat the District of Columbia as if it were a state. Today's Democratic-controlled Congress wants to give the District, by legislation, a full voting member in the House of Representatives. Having failed to achieve ratification of a constitutional amendment, sent to the states in 1978, which would have conferred statehood on the District (only 16 states ratified it, 22 short of the required number), Democrats now say an amendment is unnecessary, and a statute will suffice to do essentially that. Many clauses in the Constitution leave room for conflicting interpretations. What constitutes "commerce . . . among the several states," "establishment of religion," "cruel and unusual punishments"? Regarding the composition of the House of Representatives, however, the Constitution is unambiguous. Article I, Section 2 says the House shall be composed of members chosen "by the people of the several states." Until the nation's flag has 51 stars -- at which point the District will have two senators -- the city should not have a full member of the House. (Today, the D.C. "delegate" votes in committees and on floor amendments -- as long as the vote does not change the outcome -- but not on final passage of legislation.) But those -- mostly Democrats -- who favor full House membership for the District cite Congress's constitutional power "to exercise exclusive legislation" over "the seat of the government." They say Congress can exercise its "exclusive legislation" power to nullify Article I, Section 2's requirement that House members be chosen by the people "of the several states." | FREE SUBSCRIPTION TO INFLUENTIAL NEWSLETTER |
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But that is preposterous: If Congress's "exclusive legislation" power concerning the District can trump one constitutional provision, it can trump any provision: Congress could establish a religion, stifle free speech or authorize unreasonable searches and seizures in Washington. And if Congress's power over the District allows it to award full House representation, why could it not also award two Senate seats? Today's Congress is pressing House representation for the District partly because of that predictable next step: The District would be a reliable source of two Democratic senators. If majorities in both houses of today's Congress want the fewer than 600,000 District residents to be fully represented, they can accomplish that with legislation shrinking the city to the core containing the major federal buildings and monuments, and giving the rest back to Maryland. Democrats are uninterested in that because it would not serve their primary objective of increasing their Senate seats. If Congress wants residents of the city as it exists to enjoy full representation, lawmakers can initiate the process of amending the Constitution to make it a state. But statehood would be a problem for the contiguous states, Maryland and Virginia, and for the nation. The new state probably would promptly enact a commuter tax hitting Maryland and Virginia residents. And, more important, the splendid vistas of the nation's capital might be jeopardized. They are protected by the limits on building heights that Congress mandates. But Congress would have no authority to impose such mandates on the new state. Congress admitted Oklahoma to statehood on the condition that Guthrie remain the state's capital until 1913. But in 1910 Oklahoma made Oklahoma City the capital, and the Supreme Court held that statehood could not be conditioned by limiting a state's sovereign powers. Anyway, 38 state legislatures are unlikely to make of the District of Columbia the only state with no rural interests, and one dominated by a single interest -- the federal government. Meanwhile, Congress should ponder Judge Karen LeCraft Henderson's recent dissent when a federal appeals court ruled2 to 1 that the District's severe restriction on gun ownership violates the Second Amendment. She noted that the Second Amendment restricts the power only of Congress and the states, and she demonstrated that "there is no dispute that the Constitution, case law and applicable statutes all establish that the District is not a state within the meaning of the Second Amendment." Neither is it a state within the meaning of Article I, Section 2. The Supreme Court will remind Congress of that, if Congress ever sends to a Democratic president, who would sign it, what today's Congress wants to send to President Bush, who surely would veto it. The Constitution's 23rd Amendment, enacted in 1961, entitles the District to the number of presidential electoral votes to which it would be entitled "if it were a state." Until it is one, calling it one by statute cannot generate for it the political entitlements "of the several states."
Every weekday JewishWorldReview.com publishes what many in in the media and Washington consider "must-reading". Sign up for the daily JWR update. It's free. Just click here.
George Will's latest book is "With a Happy Eye but: America and the World, 1997-2002" to purchase a copy, click here. Comment on this column by clicking here.
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