After Oversight Committee Markup of Two Anti-D.C. Bills, Norton Calls Republican Effort to Overturn D.C. Laws Undemocratic and Paternalistic
WASHINGTON, D.C. – After today’s Committee on Oversight and Reform (COR) markup and vote on two anti-D.C. home rule bills, Congresswoman Eleanor Holmes Norton (D-DC) said the Republican efforts to repeal or amend local D.C. laws enacted by the duly-elected D.C. Council are undemocratic and paternalistic. The first anti-D.C. bill, introduced by Rep. Byron Donalds (R-FL), would prohibit the D.C. Council from changing any existing criminal sentence, make several changes to D.C.'s criminal code relating to youth, and require the office of D.C.'s Attorney General to post information on youth crime data on its website. The second bill, introduced by Rep. Anna Paulina Luna (R-FL), would repeal D.C.'s recently-enacted vehicle emission standards.
“I strongly oppose both of these paternalistic, undemocratic, anti-D.C. bills,” Norton said. “My Republican colleagues are correct that Congress has the constitutional authority to legislate on local D.C. matters, but their assertion that Congress has a constitutional duty to do so is wrong. Republican efforts from members of Congress who do not represent D.C. to impose their will on D.C. residents are always a choice. To suggest that members of Congress representing Florida know or care more about public safety in D.C. than D.C.’s locally elected officials is patronizing. They need to keep their hands off D.C.”
Norton’s markup statements for both bills follow.
Statement of Congresswoman Eleanor Holmes Norton
House Committee on Oversight and Accountability
Markup of H.R. 7530, the DC CRIMES Act of 2024
March 7, 2024
I strongly oppose this undemocratic and paternalistic bill. This is the ninth bill this Congress that House Republicans have marked up or brought directly to the floor to repeal or amend statutes enacted by the duly elected Council of the District of Columbia. However, this bill is more extreme than the typical such bill, because it would permanently prohibit the Council from enacting specific policies relating to crime.
My Republican colleagues are correct that Congress has the constitutional authority to legislate on local D.C. matters, but their assertion that Congress has a constitutional duty to do so is wrong. Legislating on local D.C. matters is a choice. As the Supreme Court held in 1953, “there is no constitutional barrier to the delegation by Congress to the District of Columbia of full legislative power.”
The D.C. Council has 13 members. The members are elected by D.C. residents. If D.C. residents do not like how the members vote, they can vote them out of office. That is called democracy.
Congress has 535 full voting members. The members are elected by residents of their states. None are elected by D.C. residents. If D.C. residents do not like how the members vote on local D.C. matters, they cannot vote them out of office. This is the anthesis of democracy.
The merits of the DC CRIMES Act should be irrelevant, since there is never justification for Congress repealing or amending laws enacted by D.C. However, I want to address one provision of this bill. Section 602(a) of the D.C. Home Rule Act prohibits the D.C. Council from legislating on 10 matters, two of which are moot. This bill adds an 11th matter, saying the Council may not “enact any act, resolution, or rule to change any criminal liability sentence in effect on the date of the enactment of the DC CRIMES Act of 2024.” This provision is as poorly drafted as it is offensive.
The Revolutionary War was fought to give consent to the governed and to end taxation without representation. Yet, D.C. residents cannot consent to any action taken by Congress and pay full federal taxes. Indeed, D.C. pays more federal taxes per capita than any state and more total federal taxes than 19 states.
If House Republicans cared about democratic principles or D.C. residents, they would bring to the floor my D.C. statehood bill, which would give D.C. residents voting representation in Congress and full local self-government. Congress has the constitutional authority to admit the State of Washington, D.C. It simply lacks the will.
I am deeply concerned about the violent crime spike in D.C., though violent crime is down this year. On Tuesday, the D.C. Council passed legislation that it believes will reduce crime. To suggest that a member of Congress from Florida knows or cares more about public safety in D.C. than D.C.’s locally elected officials is patronizing.
I urge members to vote NO on this bill and to keep their hands off D.C.
Statement of Congresswoman Eleanor Holmes Norton
House Committee on Oversight and Accountability
Markup of H.R. 7526, the D.C. Consumer Vehicle Choice Protection Act of 2024
March 7, 2024
I strongly oppose this undemocratic and paternalistic bill. This is the seventh bill on local D.C. matters this committee has marked up or brought directly to the House floor. While the other bills repeal or amend D.C. statutes, this bill repeals a D.C. regulation. For as much as Republicans meddle in the D.C. Official Code, it is extremely rare for them to meddle in the D.C. Municipal Regulations. This bill represents a new low in meddling.
My Republican colleagues are correct that Congress has the constitutional authority to legislate on local D.C. matters, but their assertion that Congress has a constitutional duty to do so is wrong as a matter of constitutional law.
The legislative history and merits of this bill should be irrelevant, since there is never justification for Congress repealing or amending laws or regulations enacted by D.C.
Nevertheless, I want to set the record straight. After two public hearings, the D.C. Council unanimously passed the Clean Cars Act of 2008, and the mayor signed it. The Clean Cars Act requires the mayor to adopt California’s vehicle emission standards. The D.C. Department of Energy and Environment held a public notice and comment period, including a public hearing, on the regulation to carry out the Clean Cars Act. Upon the effective date of the regulation, D.C. joined 13 states, including two states represented by Republicans on this committee, in adopting California’s vehicle emission standards known as Advanced Clean Cars 2.
There is only one question before this committee: Does it believe in democracy? The D.C. Council has 13 members. The members are elected by D.C. residents. If D.C. residents do not like how the members vote, they can vote them out of office. That is called democracy. Congress has 535 full voting members. The members are elected by residents of their states. None are elected by D.C. residents. If D.C. residents do not like how the members vote on local D.C. matters, they cannot vote them out of office. This is the anthesis of democracy.
The Revolutionary War was fought to give consent to the governed and to end taxation without representation. Yet, D.C. residents cannot consent to any action taken by Congress and pay full federal taxes. Indeed, D.C. pays more federal taxes per capita than any state and more total federal taxes than 19 states.
If House Republicans cared about democratic principles or D.C. residents, they would bring to the floor my D.C. statehood bill, which would give D.C. residents voting representation in Congress and full local self-government. Congress has the constitutional authority to admit the State of Washington, D.C. It simply lacks the will.
I urge members to vote NO on this bill and to keep their hands off D.C., including its regulations.
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