A Smart Congressperson's DC Home Rule Guide

TABLE OF CONTENTS

Chapter 1

CHAPTER 1 - What Is DC Home Rule?

US Constitution

Article 1, Section 8, Paragraph 17

[The 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".

Washington, DC or the District of Columbia as we know became that District in 1790 on ceded Maryland and Virginia land. Over the next century and a half, Congress exercised their Constitutional power in DC through many changing arrangements with Congress and local residents in regard to how city residents of Washington, DC were governed.

As you can imagine, being governed by the whim of an ever changing Congress and President can be a little frustrating.

DC residents continued to seek local self governance throughout the latter half of the 20th century. The passing and ratification in 1963 of the 23rd amendment gave Washington, DC residents the right to vote for US President and Vice President. In 1967, DC residents were able to secure the right to elect a local school board. In 1970, DC gained a "non voting delegate" to the US Congress and in 1973, the DC Home Rule Act was passed.

Home Rule gave DC residents the power to elect a local mayor and city council. Instead of an appointed mayor, or a selected board of commissioners, as had been previous forms of DC governance, residents would elect their own mayor, city council, and advisory neighborhood commissioners. The 119 page District of Columbia Home Rule Act (Pub. L. 93-198) provides a detailed structure for operating a locally elected city government to provide for the basic city services and municipal function of the nation's Capitol and the several hundred thousand people who live in the District.

Section 102 of the DC Home Rule Act, Statement of Purposes gives us a clear picture of the purpose of Home Rule and the role of Congress in the continued governance of DC.

"SEC 102 {DC Official Code sec. 1-201.02} (a) Subject to the retention by Congress of the ultimate legislative authority over the nation's capitol granted by Art. 1, Sec. 8 of the Constitution, the intent of Congress is to delegate certain legislative powers to the government of the District of Columbia; authorize the election of certain local officials by the registered qualified electors in the District of Columbia; grant to the inhabitants of the District of Columbia powers of local self-government; modernize, reorganize, and otherwise improve the governmental structure of the District of Columbia; and, to the greatest extent possible, consistent with the Constitutional mandate, relieve Congress of the burden of legislating upon essentially local District matters."

Simply put, nobody wants Congress to have to worry about how to pick up the trash in DC. Or patch the potholes. Local self governance is the birthright of every American, and the DC Home Rule Act grants it to the residents of the District.

It is important to note for our purposes here, however, that the Home Rule Act is VERY clear that Congress retains ultimate legislative authority of the District as per the Constitution. Home Rule is intended to ease the burden of Congress, not remove Congress from the process. In fact, Congress MUST play a vital role in the governance of the District: the role of a check and/or balance to local government.

In every state in America, local government is balanced and checked by state government. State legislatures, Governors and Attorneys General are able to protect residents from corruption and power abuses on the local level through a variety of means, legal and legislative. If a corrupt mayor has paid off local law enforcement, state police can step in to address the crimes. If an over ambitious city council tramples the 1st amendment, the state legislature can pass laws to protect it. The natural balances of our system of self governance require that there be a check on abuse of power, such as is found in the state and local system.

The District, however, is not a state. We do not have a Governor, or a state legislature.

We have Congress. The check and balance to the DC Mayor and City Council is Congress.

Without Congress doing it's duty to oversee the District of Columbia, local self governance of the District becomes a fiefdom ruled over by a well funded petty tyrant. Self governance without checks and balances is soon not self governance at all. Washington, DC needs Congress in order to have successful citizen governance.

Unfortunately, Congress has often forgotten about its duty to the District. It has rubber stamped ridiculous and unconstitutional laws passed by DC City Council. It has neglected routine audits of District expenditures. It has bemoaned the corruption of DC government while avoiding the proper oversight Congress is tasked to do. This guide is an effort to change that, and to motivate both Congress and District residents to embrace and USE Home Rule to effectively, fairly and Constitutionally govern the nation's capitol.

In our next chapter, we will analyze the role of Congress in the District, and what you, as a smart Congressperson, can do to implement Home Rule both for the benefit of the District and your own benefit as well. Read on.

Chapter 2

Direct Oversight

CHAPTER 2 - The Role of Congress in DC Home Rule

As we discussed in the last chapter, Congress plays a vital role of oversight and balance to local District government power. Or at least it is supposed to. In fact, the District has its own non voting delegate, who should be operating as a liaison between Congress and the District, ensuring the effective balance of District and Congressional government.

Unfortunately for the residents of the District, our delegate has not been consumed with engaging Congress on District issues. Our delegate of 31 years has been instead consumed with pushing the Democratic pipedream of statehood for DC.

The District is a Constitutional mandate. It is arguable that any change to the status of the District would require a Constitutional amendment, which is extremely unlikely to be ratified by the states if it is even possible to pass Congress. Every suggested "statehood" plan does not actually obtain statehood for the District, rather they divide the District into a smaller federal portion and a new "state", or new portion of Virginia/Maryland. Statehood is the perfect politician's promise; it sounds good, but cannot ever be accomplished. So you can keep telling the residents of DC that "without statehood, there is nothing we can do about our problems" and write a blank check for failure. As long as Congress doesn't step in and do its job to resolve problems beyond the capacity or will of District government, DC government gets a free "blame Congress for not giving us statehood" excuse card for every problem they create.

The Democrats in DC unfortunately have sought to prevent and resist any oversight from Congress, because they are the dominant party in local DC government. There has been an attitude of "stay out of our business" from DC government, and a level of disdain expressed when Congress has operated its proper role of oversight through hearings and investigations.

But the people of DC need Congress to stay IN their business. Without Congress to keep local government corruption and expansion in check, the rights of every DC resident are soon trampled by a greedy unchecked local government. Even today, there are many District issues in need of Congressional oversight, which is why I have created this guide.

Equally foolish is the notion of abolishing Home Rule. The 670,000 residents of DC do not want to lose the right to local self governance. We deserve to manage our own roads and schools, elect our own officials, hire our local police, fund our local services and many other mundane functions of modern city life. We certainly don't want Congress in charge of hiring the garbage men. Congress is not well known for handling things quickly. Or efficiently.

The ideal situation for the District of Columbia and its residents is a robust use of the DC Home Rule Act. The District must be allowed to engage in local governance as the Home Rule Act stipulates. Congress must consistently implement the law it created to help facilitate their Constitutional job to oversee the District. When Congress operates the necessary oversight to ensure the District is compliant with the Constitution and Federal law, the District can enjoy the true right of self governance afforded all other Americans. The balance of local governance and Congressional oversight is necessary.

So what can Congress do to "oversee" the District?

There are two ways to look at oversight of the District (or frankly any other thing you are overseeing). There is direct oversight, conducted through official channels. Oversight done by the Oversight Committee, obviously, as well as any other relevant committees that might seek to conduct oversight in their area of focus is direct oversight. The Judiciary committee overseeing legal/correctional issues in the District, for example, perhaps a much needed example.

And there is 'indirect' oversight. Indirect oversight can be done by anyone, but especially members of Congress who have access to media, to well positioned colleagues on direct oversight committees, and can speak and propose motions and legislation in Congress. Just talking about an issue in a news interview can have an beneficial impact on local DC issues.

Let's discuss a few examples of direct and indirect oversight.

DIRECT OVERSIGHT

Direct oversight through official channels is vital to the function of the District. We need Congress to balance local government. Here are several ways that Congress can and should directly oversee the District of Columbia in compliance with the Home Rule Act:

Careful scrutiny of DC legislation by the House and Senate. A copy of each law passed by DC government is by law sent to both houses of Congress which have a 30 day (sometimes 60 day) review period of any new DC law. One of the most direct forms of oversight to prevent abuse of the law by DC authorities is to not allow abusive laws to pass in the first place. This is the primary form of Congressional direct oversight.
Oversight by the House Oversight Committee and the Senate Committee on Homeland Security and Governmental Affairs can be conducted on any issue of concern in the District. Crime, corruption, over-taxation, failed civic responsibility, deteriorating facilities, violations of civil rights, etc., etc. are all issues within the scope of oversight of the District. The Constitution and Home Rule Act stipulate Congress retaining ultimate authority over the District.
Oversight by topical committee can be conducted on any specific issue. Judiciary committee members can address issues with the criminal justice system in DC. Education committee members can address issues in our school system in DC. The Transportation committee could even oversee some of these potholes, if push came to shove. The point is that the are many avenues of direct Congressional authority that can be used by smart Congresspersons to impact issues in DC.
Creation and sponsorship of legislation for the District. Through direct legislation, Congress can both prevent bad laws in DC from being enacted, but it can put in place Congress's own laws. One example is the Congressional law requiring that no DC tax dollars be used to fund abortion. Because of this legislation, outside charities, not tax dollars, fund the free abortion services in the District.

INDIRECT OVERSIGHT

The Constitution and Home Rule Act are clear, it is not merely specific committees that have legislative authority over the District, it is all of Congress. As such, any Congressperson can use their voice and position under the principles of the Home Rule Act to move the needle on important issues in DC. Here are some suggestions of indirect ways you as a smart Congressperson can impact DC issues.

Media Access - Members of Congress have a constant flow of media around them, and you can use that media to impact an issue in DC. When a member of Congress makes a mention of a problem in DC to the media, often the media hypes up the partisan divide between the DC mayor and Congress. The mayor may even reply with a snarky comment to the media about Congress. But she will also give extra focus to that issue in an almost "prove Congress wrong" kind of attitude. Whatever it is, you members of Congress talking about our local issues truly gives grease to a squeaky wheel.
Letters of Inquiry - Members of Congress are free to send letters inquiring about DC government issues at any time. You can take reports of the egregious sub par conditions in our jail, for example, and write letters inquiring about the conditions. You can request to tour facilities, including the correctional centers, schools, hospitals, homeless facilities and more. Your attention is vital to put our city services on notice that they do not operate with impunity.
Social Media Exposure - Exposing DC issues on your Congressional social media can be a very effective way to impact an issue in DC by raising nationwide awareness.
Congressional Liaison - No one has better access to Congress than Congress itself. Using your access to colleagues in relevant committees or working on relevant DC issues, you can help move DC issues through Congress, or bring issues to the right committee to ensure they get the needed attention. The DC Delegate should be operating in this manner, but she is not the only Congress member who can address DC issues. In fact, ANY Congress member can.

These are just a few suggestions on how a smart Congressperson can use Home Rule to impact DC policies. But the next question is always "Why?" Why should you as a Congressperson care about DC issues? Just because you can do something, does that mean you should?

In our next chapter, we will discuss how working on DC issues not only benefits DC, but can also benefit you, the smart Congressperson. Read on.

Indirct Oversght

Chapter 3

Win/win

Media

Raise Money

Resume

Change

CHAPTER 3 - Using DC Home Rule as a Smart Congressperson

Let's be honest. You're in Congress. As much as you'd like to help every sad sack situation, it just isn't possible. If we the People really want you the Congress to do something, there's got to be something in it for both of us. And this chapter is all about that.

ITS WIN/WIN

As a Congressperson, there are a few things you need to get to be successful. You need to get donations, as we all know. You need to get media attention, which often helps with the donations. You need to get your name on bills and other Congressional action to demonstrate that you are in fact doing the will of your voters, which of course, you also need to get more of for reelection. In order to do all of those things, you need issues that people care about.

For conservatives, DC is ripe with hot button issues that your home constituency will appreciate you addressing. The recent legislation in DC to allow illegal immigrants to vote in local elections is a perfect example of an issue that is very important to conservative voters, and donors. By getting involved in the Congressional effort to stop that legislation, a smart Congressperson can use the issue to garner media attention, voter respect, and have a great topic for those weekly update/donor emails you all love to send out. Addressing DC issues can be a win/win scenario.

HOW TO GET MEDIA ATTENTION WITH DC ISSUES

The media is every smart Congressperson's frenemy. They can be a useful tool to raise awareness on an issue, to fire up the base or unnerve an opponent. They are vital in dropping bombshells of information the public needs to know. They can inspire more donors to contribute to your efforts. Learning to use the media effectively is one of the skills of fine statesmanship.

DC issues can be a ripe ground for media attention. First and foremost, the nation's capitol has more media than possibly anywhere else on Earth. Every channel, station, and site reports from DC either some or all of the time. The news happens here. So it isn't too hard as a Congressperson to garner some media attention merely by showing up somewhere in DC.

Think of all of the media hubbabaloo that surrounded Marjorie Taylor Green, Matt Gaetz, Louis Ghomert and Paul Gosar when they tried to tour the DC Detention Center to observe the conditions after reports of deplorable abuses and conditions in the DC jail were presented to the Congress members (in part by your humble author). By choosing an issue that their home constituents felt strongly about, these members were able to use the media attention garnered by their actions in addressing DC Home Rule oversight to build their reputations, and build a strong loyal nationwide donor base.

Any member of Congress can do the same. If you are concerned about homeless veterans, DC has got them. If you are opposed to unconstitutional gun laws, DC has got them. If you are pro life, and pro biology, we have plenty of issues for you to address here with 17 clinics in DC that offer gender transition services to minors. School choice? Tough on crime? Parent's Rights? Waste, fraud and abuse? You name the issue, DC has it, and we certainly need your Congressional oversight on it.

Cleaning up the nation's capitol, which is America's city, can truly be a headline grabber for a smart Congressperson.

HOW TO RAISE MONEY USING DC PROBLEMS

Listen, we all know the game. Raising money is a necessary constant in the life of a Congressperson. As the saying goes, don't hate the player, hate the game, and nothing applies more aptly than Congressional fund raising. Regardless of what you feel about the way things work in Congress, it is what it is. You guys need to raise money.

Frankly, as a resident of DC, I don't mind you sending out an email blast for donations to help you "fight the corruption in DC" if you actually ARE fighting the corruption in DC. There are a variety of problems that would be much more likely to get fixed here in the District if Congress felt that solving DC issues was a good donor hook.

The hook, however is not just making the nation's capitol great again, although that in itself is not a bad pitch to donors. By combining a bigger issue such as gun rights, a smart Congressperson can multiply the pitch. Maybe your constituents live in a gun loving state, where not much more can be done to secure gun rights. Maybe there is no national bill trying to limit gun rights, which would give you a reason to send out a nice donation request to all your 2A voters. But wait! There's DC! We have lots of unnecessary and oppressive gun laws that you as a Congressperson has every right to challenge the constitutionality of, to advocate for the removal of, to write legislation changing the law, and so on and so on, and with any of those actions raise donations for your strong 2A support.

There are literally countless issues in DC that can be engaged in the same way: by addressing issues here, you can raise money, media attention and even build out your resume and voter base by helping address issues that DC residents desperately need Congressional oversight on.

HOW TO GET CREDIT AND BUILD YOUR CONGRESSIONAL RESUME WITH HOME RULE

Some Congress people, as we know, are bench warmers. They don't do much, don't rock the boat. But some Congress people are smart. They know that in order to earn votes, donations and media attention, you have to DO something. The even smarter ones know that real power in Congress comes from being active, not inactive.

Now, while ambition is great, your fellow (and senior) members of Congress might have a lot of ideas about ensuring the credit for themselves. Sometimes the playing field of Congress is hard to navigate merely because it is overcrowded. It can be hard to build out a resume, or demonstrate real impact in Congress in the dog eat dog environment.

Well, sadly for DC residents, but fortunate for the smart Congressperson like yourself, there are not a lot of members of Congress addressing DC issues per the Home Rule Act. It's basically an open wide field of every issue imaginable waiting desperately for some noble Congressperson to come along and care. A smart Congressperson could build quite a resume and a reputation by taking a consistent interest in their Home Rule duties to the District of Columbia.

HOW TO AFFECT REAL CHANGE IN OUR NATION'S CAPITOL

The truth of the matter is this: there are over 670,000 people who live in Washington, DC who need you. They didn't get to elect you. They probably don't even know who you are. But they need you.

DC needs smart Congress people who will operate DC Home Rule affectively, and provide the oversight necessary to ensure our local government operates fairly and Constitutionally. I have provided a lot of transactional reasons for you, Congress, to get involved with DC issues. The greatest reason of all is that you work here too. This city is not just my city, it is yours, it is all of America's capitol. We all should do our part to take care of our capitol. But no one has a more important or more Constitutional role to play in DC than Congress. We residents require your oversight in order to effectively "home" rule.

So, now that you know the how, and the why of using DC Home Rule, I bet you're wondering "Can you just give me a quick guide on how to get started?"

In our next chapter, my smart Congressperson, we will. Read on.

CHAPTER 4 - Where Do I Start? A Quick Guide

Here's a few tips on getting started on operating DC Home Rule as a smart Congressperson:

Participate in existing DC related legislation. There are often bills working their way through Congress that address DC issues, like the bill to prevent illegal immigrants from voting in DC currently in process, for example. Sponsoring/Cosponsoring, advocating for, and of course voting on DC related bills is always the first place to start.
Watch local news. Many issues DC residents face, especially in regards to city issues, are often discussed on local news. You can discover a great number of issues that could use the attention of a smart and concerned Congressperson like yourself.
Get out of the Congressional bubble. Often members of Congress get sort of stuck in a social bubble, and don't get out that much into the city they live in, Washington, DC. This prevents them from noticing many of the serious issues the city is having, especially in regards to crime, homelessness, drug abuse, medical emergency response times, road conditions, and so many more issues quite easy to see if you spend even a small amount of time in and around the city.
Follow your passion. Is there an issue near and dear to your heart? Is there some problem you have a particular passion for solving? I guarantee you that DC has that problem. We are happy to have your attention on the issue.
Get Creative. Show up places in DC that have problems. Learn about issues from DC residents. Talk to people you meet around town. Washingtonians are a pretty friendly bunch, even to politicians. We are happy to chat.

CHAPTER 5 - Prologue on Party Politics

While most of this guide has attempted to remain non partisan, there is one important note I would like to make in regard to party politics in the District of Columbia. DC is a Democrat dominated town, with a significant number of registered independent voters. The percentage of registered Republicans in the District is quite low. Republicans are demonized by the DC Democrat machine, just as they are in all other Democrat machine run cities.

Some, such as this author, might also make the argument that the Republican party has done little to push back in Democrat dominated cities, and DC is no exception to that rule. The GOP has not been an active player in these urban environments, leaving the Republican brand to suffer under the convenient scapegoating by urban Democrats. Everything is the Republican's fault, even though we hold no power in Democrat dominated cities.

DC however provides a unique opportunity to rebrand the Republican party in the "deep blue" city of DC, if you are a smart Congressperson. Republicans in Congress can directly engage DC issues, improve conditions for DC residents, and demonstrate the compassion and practicality of real Republican and conservative policies in an urban environment.

When four Republican members of Congress went to the DC Detention Center, and when their continued oversight led to small but long awaited improvements at the DC correctional facility, DC residents took notice. "Word on the street" was that changes were made in that facility that had not been improved in 30 years, and there was a bit of surprise that the Republicans were the ones to get it done. It was not lost on DC residents that is was not the Democrats in Congress that effected that long needed change. The Republicans got the "street credit" on that issue.

Republicans could earn a great deal of credit from the residents of DC if they perform their proper role as oversight and partisan balance to a biased and Democrat dominant DC government. Congressional Republicans could do more to rebrand the Republican party in DC than any other factor, increasing our percentage of registered voters, empowering independent and closet conservative residents to embrace their true Republican values, and giving the Republican party a foothold in DC to truly be an effective opposition party to challenge our out of control Democrats.

With strong military influences in the region, and a prolific faith based culture, DC residents are in fact more conservative in our values then other Democrat controlled cities. With a strong effort by Republicans to make a difference in the District of Columbia, local grassroots Republicanism can truly make a difference in DC politics, and set an example for urban Republicanism nationwide. The complaint in the "blue" cities has often been that Republicans don't show up in the urban political scene. DC provides a uniquely convenient place for Republicans to change that reputation and rebrand the Republican party as an urban problem solver.

The future of urban Republicanism, and the party as a whole starts in our nation's capitol.

It starts with smart Congress people like you. Thank you for taking the time to learn how to use DC Home Rule, and I hope we DC residents have inspired you to help make our nation's capitol great again.

Chapter 4

Chapter 5