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Norton Releases Floor Statement on Disapproval Resolution for D.C.’s Revised Criminal Code

February 9, 2023

WASHINGTON, D.C. – Congresswoman Eleanor Holmes Norton (D-DC) released her remarks as prepared for delivery from her speech on the House floor this morning opposing the disapproval resolution that would overturn D.C.’s revised criminal code.

I strongly oppose this profoundly undemocratic, paternalistic resolution,” Norton said. “The legislative history and merits of the legislation enacted by D.C. that is the subject of this resolution are irrelevant to the consideration of this resolution, since there is never justification for Congress nullifying legislation enacted by D.C.”

Local D.C. legislation must be transmitted to Congress for a designated review period. If the disapproval resolution is enacted, it would nullify the revised criminal code.

Norton’s floor statement follows, as prepared for delivery.

Statement of Congresswoman Eleanor Holmes Norton

H.J.RES. 26, Disapproving the Action of the District of Columbia Council

in Approving the Revised Criminal Code Act of 2022

I strongly oppose this profoundly undemocratic, paternalistic resolution.  The House of Representatives, in which the nearly 700,000 District of Columbia residents have no voting representation, is attempting to nullify legislation enacted by D.C.’s local legislature, whose members are elected by D.C. residents.  By scheduling this vote, I can only conclude that the Republican leadership believes that D.C. residents, a majority of whom are Black and Brown, are either unworthy or incapable of governing themselves. 

The dictionary defines democracy as “a government in which the supreme power is vested in the people and exercised by them directly or indirectly through a system of representation usually involving periodically held free elections.”  D.C.’s lack of voting representation in Congress and Congress’ plenary authority over D.C. are the antithesis of democracy.

I would remind House Republicans that they once professed support for local control of local affairs.  Their fiscal year 2016 budget said this: “America is a diverse nation.  Our cities, states and local communities are best equipped and naturally inclined to develop solutions that will serve their populations.  But far too often, local leaders are limited by numerous federal dictates.”

The legislative history and merits of the legislation enacted by D.C. that is the subject of this resolution are irrelevant to the consideration of this resolution, since there is never justification for Congress nullifying legislation enacted by D.C., but I would like to set the record straight.

The Revised Criminal Code Act comprehensively revises D.C.’s criminal code, which has not been done since it was created in 1901.  Everyone in the D.C. legal system agrees that such a revision is long overdue.  The bill is the product of over a decade of work by D.C. to create a modern, comprehensive, systematic criminal code.  A majority of states, both red and blue, have adopted such a code.

In 2016, D.C. enacted legislation establishing an independent agency, the Criminal Code Reform Commission, to recommend a new criminal code.  The Commission, which consisted of nonpartisan experts, drafted the Revised Criminal Code Act over nearly five years in a fully public process.  The voting members of the Commission’s advisory group, including the U.S. Attorney for D.C., unanimously approved transmitting the bill to the D.C. Council and mayor.

The D.C. Council held three hearings on the bill.  The Council, as required by Congress, passed the bill on two separate occasions—by votes of 12-0 and 13-0.  The mayor vetoed the bill.  The Council voted to override the veto by a vote of 12-1.  The provisions of the bill do not take effect until October 1, 2025, at the earliest.

I say to every member of Congress: Keep your hands off D.C.  If you want to legislate for D.C., become a D.C. resident and get elected mayor or councilmember.

I urge members to vote NO.

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