I hope you are doing well. Please forgive me for sending out an email in this manner. I have never sent out a 'blast' until this issue came along. I hope you will take the time to read this and understand how important this issue is.
My name is Representative Matt Throckmorton. I am a retired State Legislator from Utah and concerned American over what is taking place in Congress right now.
The reason that I am sending this email to you is because Congress is attempting to "amend" the Constitution by simply changing the law, not by properly -- read Constitutionally -- doing it. They are trying to give Washington, DC a Congressional Seat without doing as our Founding Fathers demanded: a Constitutional Amendment.
As a former Republican State Legislator in Utah, the very State that stands to gain the most, I am strongly opposed to what Congress is doing. For me this issue has nothing to do with Utah gaining a fourth Seat. Nor is it about Washington, DC gaining a Congressional Seat. The issue here is a very simple and short one: How it is done. As we know the end does not justify the means, and doing what is popular is not always right and vice versa.
There are two seemingly opposing sections of the United States Constitution. The first, and the one that is cited as an authority in the current legislation gives Congress the authority in all legislative matters over Washington, DC.
"To exercise exclusive Legislation in all Cases whatsoever, over such District..."
Article I Section 8
The opposing language clearly limits Congressional Seats to the States.
"No Person shall be a Representative....who shall not, when elected, be an Inhabitant of that State in which he shall be chosen."
Article I Section 2
The question is whether or not the language in Section 8 allows for Congress to essentially nullify, or "Amend" the language found in Section 2.
To resolve this we need to look no further than a very short history.
Back in 1961 the residents of Washington, DC expressed a desire to participate in the Presidential elections. There is a limitation placed on Washington, DC in this area.
"Each State shall appoint, in a Manner as the Legislature thereof may direct, a number of Electors,..."
Article II Section 1
Clearly Presidential Electors are reserved to the States in language that was as clear as what is found in Article I Section 2. In order for Washington, DC to overcome this clear language it was determined by the best Constitutional Scholars of the time that the Constitution must be Amended. This began in 1961 and was completed in 1964. We know it today as the 23rd Amendment to the Constitution.
In 1978 a very similar effort was undertaken as is being undertaken right now...with one glaring difference. Washington, DC wanted to expand their ability to participate in areas reserved by the Constitution for States. Washington, DC wanted to have both a member of the US House of Representatives as well as two Senators. An Amendment was drafted, passed out by both bodies by the required 2/3 margin and sent to the States. By the time the Amendment had expired in 1985 only 16 of the necessary 38 States had ratified this proposed Amendment. Many felt that the failure to gain the necessary States had to do with the two Senators, though for our discussion this is a moot point. Their action in 1978 clearly demonstrated that in order to give Washington, DC a Congressional Seat it must come about by an Amendment, not simple legislation.
The question we are faced with right now is: What has changed? What has changed from either 1964 or 1978? The answer to that has been either citing Article I Section 8 or a court case from 1929. The question that must be asked is why in almost 200 years of history prior to 1964, or over 200 years since 1978, did no Constitutional Legal Scholars find this same authority that is being cited now?
I passionately feel that this should be done in a manner clearly consistent with our US Constitution. Why would we accept anything less. As I have sent this petition out to exclusively elected leaders in Utah we have had a very large response. Clearly the State that would benefit the most from this is not impressed by the manner in which it is being handled. In fact our States leading newspaper, the Deseret News has had two lead editorials opposing the current effort, stating that they should clearly follow the Constitution. This has been followed by another editorial in the States fourth largest newspaper with an invitation to write a similar op-ed in the States 2nd largest newspaper. Utah is clearly stepping up to stop this Un-Constitutional effort.
Imagine what we tell Congress if we sit on our hands over this. We fight issues such as NAFTA, CAFTA, FTAA, No Child Left Behind, etc, citing Constitutional authority and then something this 'small' comes up and we ignore. In a day and age in which Washington, DC has clearly stepped out of Constitutional bounds when it comes to the War on Terror and shows at times an almost contempt for the Constitution, we cannot sit on our hands.
I am asking all Patriots to do two things. First, clink on the link below and simply add your name to the list. I am not asking for money, email addresses or anything else. It will take you less than three minutes. The second request I have is that you take this link and the message and forward it to every person you know. Take my words out of this and put it in your own words. I am a complete stranger to many of you (though we share a passion for Constitutional Government) and certainly to all of your friends. Your family and friends know you and your relationship means something to them. Explain to them why it is important to you that they stand for the Constitution on this issue. And if you have time PLEASE, oh PLEASE write to your Congressional Representative and the newspapers, call into the radio talk shows, let them know that this is wrong and IT IS an issue that affects you as an American no matter where you live. If you don't think this small violation of the Constitution impacts you, you don't understand the Constitution; when Government exceeds that authority it hurts us all.
One last point, if you are someone who really cares enough to take some time and get the word out in your neck of the woods, let them know what Utah thinks. Many of us, to include our leading liberal newspapers understand this is wrong. Again, we stand the most to gain but we don't want it done this way. We want it done the right way!
PLEASE HELP PROTECT OUR CONSTITUTION!
If you have any questions feel free to email me.
Warmest,
Rep Matt Throckmorton
Utah