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Senate Proceeding on Feb 24th, 2009 :: 0:29:20 to 0:41:15
Total video length: 2 hours 28 minutes Stream Tools: Stream Overview | Edit Time

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Orrin Hatch

0:29:16 to 0:29:36( Edit History Discussion )

Orrin Hatch: yield the floor to my friend from utah. mr. hatch: madam president? the presiding officer: the senator from utah. mr. hatch: i want to compliment my dear friend and distinguished colleague from connecticut for the leadership that he's provided on this issue. and for the intelligence that he's brought to this issue as well.

Orrin Hatch

0:29:20 to 0:41:15( Edit History Discussion )
Speech By: Orrin Hatch

Orrin Hatch

0:29:37 to 0:30:00( Edit History Discussion )

Orrin Hatch: and i rise to support s. 160, the district of columbia house voting rights act of 2009, which i'm cosponsoring with my friend from connecticut, senator lieberman. this bill could give -- or wld give the district of columbia one seat and utah inhe house of representatives. i will address three questions about this bill whether congress

Orrin Hatch

0:30:01 to 0:30:23( Edit History Discussion )

Orrin Hatch: may pass this bill or this legislation, whether congress should senate bill is how congress ought to do so or do it. i believe the answer to all three questions is yes. the first question is whether the constitution allows congress to pass this legislation. congress may certainly increase

Orrin Hatch

0:30:24 to 0:30:45( Edit History Discussion )

Orrin Hatch: the size of the house from 435 to 437 members and give a new seat to utah, which qualifies for one under the formula used in the last 2000 census. the 2010 census will determine if utah keeps the new seat, but congress certainly has the legislative authority to grant it to us. the constitutional question is whether congress may give the

Orrin Hatch

0:30:46 to 0:31:07( Edit History Discussion )

Orrin Hatch: other new house seat created by this bill to the district of columbia which is, of course, not a state. the district did not even exist when the constitution was drafted to provide that the house be composed of members chosen by the people of the several states. the constitutional question is

Orrin Hatch

0:31:08 to 0:31:28( Edit History Discussion )

Orrin Hatch: whether the word states, in quotes, prevents congress from providing a house seat for the district, which should be debated more openlyhether the constitution allows us to do what we do. i studied the constitutional issues raised and published my analysis and conclusions, as the distinguished senator from

Orrin Hatch

0:31:29 to 0:31:50( Edit History Discussion )

Orrin Hatch: connecticut, has noted, in the harvard journal on legislation for everyone's consideration. so i ask consent that the article anear the record following my remarks. the presiding officer: without objection. mr. hatch: i wrote in that article and acknowledge here today that there are legitimate arments on both sides. there are liberal and conservative experts on both sides.

Orrin Hatch

0:31:51 to 0:32:11( Edit History Discussion )

Orrin Hatch: as we debate this bill, i hope that those who oppose it on constitutional grounds will do more than just repeat the single word states. noting that the district is not a state is a factual observation. it argument. it is a premise, not a conclusion.

Orrin Hatch

0:32:12 to 0:32:33( Edit History Discussion )

Orrin Hatch: several considerations led me to consider -- to conclude that this legislati constitutional foundation is solid. first, representation and suffrage are the heart of our american system of self-government. this principle is that there must be affirmative evidence that america's founders intended to deny it to americans

Orrin Hatch

0:32:34 to 0:32:54( Edit History Discussion )

Orrin Hatch: living in the district. that evidence simply does not exist. secondly, america's demonstrated the opposite intention by their own legislative actions, in 1790, as the distinguished senator from connecticut has observed, congress provided by legislation that americans living in the

Orrin Hatch

0:32:55 to 0:33:17( Edit History Discussion )

Orrin Hatch: lands seated for the district could continue to vote in congressional elections. no one even suggested that this legislation was unconstitutional even though the land on which th more part of the state in 1790 than the district is today. if congress could do it congress can do it now.

Orrin Hatch

0:33:18 to 0:33:38( Edit History Discussion )

Orrin Hatch: third, the constitution explicitly gives congress legislative authority over the discontradict all -- over the district -- quote -- "in all cases whatsoever. it surpasses authority that a state legislature has over its own state.

Orrin Hatch

0:33:39 to 0:33:59( Edit History Discussion )

Orrin Hatch: fourth, courts have held for that the constitutional provisions framed in terms of states can be alied to the districtor that congress can legislatively accomplish for the district what the constution accomplishes for states. congress has the authority to regulate c

Orrin Hatch

0:34:00 to 0:34:21( Edit History Discussion )

Orrin Hatch: several states. the supreme court held in 1899 that this applies to district of columbia. the original constitution providedded tt direct taxes shall be apportioned among the several states. the supreme court held in 1820 that congress's legislative authority over the district allo taxation of the district. the constitution provides the

Orrin Hatch

0:34:22 to 0:34:43( Edit History Discussion )

Orrin Hatch: federal courts may review lawsuits between citizens of different states. the supreme court held in 1805 that congress can legislatively extend this to the district even though the constitution does not. in 2000 the supreme court affirmed a lower court decision hold does not p representation for the district,

Orrin Hatch

0:34:44 to 0:35:05( Edit History Discussion )

Orrin Hatch: that goal can be pursued in other venues including the court said -- quote -- "the political process." those who argue that the word states in the constitution cannot include the district must believe all of these court decisions were wrong. they must believe the district

Orrin Hatch

0:35:06 to 0:35:28( Edit History Discussion )

Orrin Hatch: commerce cannot be regulated, the district residents cannot be taxed, cannot be sued in court and no right to a speedy trial. they should defend their position. fifth, maintaining the district as a jurisdiction separate from state control in no way requires

Orrin Hatch

0:35:29 to 0:35:49( Edit History Discussion )

Orrin Hatch: disinfranchising its residents. america's founders wanted the capitol to be free from state control. i support keeping it that way. i support statehood for the district of columbia and i think that most people in this body do. but giving the district a house seat so that its residents can participate in the process of making the laws they must obey

Orrin Hatch

0:35:50 to 0:36:12( Edit History Discussion )

Orrin Hatch: in no way changes either the district's political status or congress's legislative authority over the district. these are some of the conclusions leading me to -- considerations leading me to conclude that the constitution allows congress legislatively to provide a district of columbia. the next question is: should

Orrin Hatch

0:36:13 to 0:36:33( Edit History Discussion )

Orrin Hatch: congress -- should congress do so or whether congress should do so? i believe it should. representation and suffrage are central to our american system of self-government. the supreme court has said that no right is more precious in a free country than having a in the election of those who

Orrin Hatch

0:36:34 to 0:36:54( Edit History Discussion )

Orrin Hatch: govern us. the constitution provides for millions who live overseas to participate in elections. they do not live in a state. they do not live in america. do those who believe that those who live in states precludes representation force americans living in the dis-- for

Orrin Hatch

0:36:55 to 0:37:17( Edit History Discussion )

Orrin Hatch: americans living in the district. do they believe it precludes representation for those americans living outside the country all together? of course not. i want to emphasize that the legisl restore congressional representation that americans living in the district once enjoyed. after taking up residence in 1800, congress failed to continue b federal law the

Orrin Hatch

0:37:18 to 0:37:40( Edit History Discussion )

Orrin Hatch: voting right these americans previously enjoyed by congress's permission under state law. one member of council wrote in 1801 district residents are still part of the people of the united states and -- quote -- "it is violating an original principle of republicanism to deny all who

Orrin Hatch

0:37:41 to 0:38:01( Edit History Discussion )

Orrin Hatch: e governed by laws oht to participate in the formulation of them." i continue to believe what i stated more than 30 years ago here on the senate floor that americans living in the district should enjoy all of the privileges voting rights. if congress may and should provide a house seat for the district, the remaining question

Orrin Hatch

0:38:02 to 0:38:23( Edit History Discussion )

Orrin Hatch: is: how to do it? i believe that the bill us rather than the house version is the best vehicle for accomplishing the goal. first, it disclaims s representation for the district both explicitly and implicitly. it exp language that the senator from maine, senator collins, first introduced during the committee

Orrin Hatch

0:38:24 to 0:38:46( Edit History Discussion )

Orrin Hatch: markup in the 110th congress. the bill states -- quote -- "the district of columbia shall not purposes of representation in the united states senate." but the bill also implicitly disclaims senate representation by treating the district as a than as a state even for

Orrin Hatch

0:38:47 to 0:39:07( Edit History Discussion )

Orrin Hatch: purposes of house representation. this avoids a rhetorical parallel to a state that have only one house member. i want to firmly repeat my continuing opposition to districtepresentation in the senate. i opposed a constitional amendment in 1978 that would have given the district both the

Orrin Hatch

0:39:08 to 0:39:28( Edit History Discussion )

Orrin Hatch: house and senate representation. the two houses of congress designed differently. the house to represent the population, and the senate to represent the states. the house is considered the people's body. the senate is the state's body. the 17th amendment changed how senators are elected.

Orrin Hatch

0:39:29 to 0:39:49( Edit History Discussion )

Orrin Hatch: but it did not change the nature of the senate itself or its place in the design of congress. in addition, as i argued in 1978, adding a not stain jurisdiction to the senate would disrupt the equal suffrage of the guarantees to states of this body. secondly, it provides for ex pe indicted judicial review, the

Orrin Hatch

0:39:50 to 0:40:11( Edit History Discussion )

Orrin Hatch: house bill does not. like i do, my colleagues take the constitution seriously and this provision will help ensure that if necessary decide the legal issues. third, the senate bill allows utah to elect its additional house member after drawing new congressional district lines.

Orrin Hatch

0:40:12 to 0:40:33( Edit History Discussion )

Orrin Hatch: it would enforce utah to elect an additional member at-large. this would create two strange situations: it would mean house member from utah would have three times as many constituents as the others and it would mean that utah would each have two house members, twice as many as americans living in any other state.

Orrin Hatch

0:40:34 to 0:40:54( Edit History Discussion )

Orrin Hatch: utah's already demonstrated that it is willing to draw fair lines to elect a fourth house member and congress has no business to force utah to do it any other way. let me close by saying there are many differences between utah and the district to be sure. but their residents

Orrin Hatch

0:40:55 to 0:41:15( Edit History Discussion )

Orrin Hatch: be properly represented in our national legislature. i do not believe that suffrage, the heart of self-government should be provided on how americans will exercise this precious right or which party they will likely support. i believe that congress should provide for that representatio and not to do so by passing the

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