Legal Opinion

Constitutionality of the D.C. House Voting Rights Act of 2009

Department of Justice Office of Legal Counsel

Decided February 26, 2009Published

1Opinion of the Court

Constitutionality of the D.C. House Voting Rights Act of 2009 The constitutionality of the District of Columbia House Voting Rights Act of 2009 presents a close question, but the balance tips in favor of finding the Act constitutional. Neither the text of the Constitution nor the analysis of applicable precedent clearly resolves the question of whether Congress may confer House voting rights on D.C. residents by legislation. In the absence of a clear constitutional prohibition, the Constitution does not require denying the most basic rights in a democracy—the right to elect representation in…

2Cases cited25 opinions

  1. Yick Wo v. HopkinsSupreme Court of the United States · 1886
  2. Powell v. McCormackSupreme Court of the United States · 1969
  3. United States v. ClassicSupreme Court of the United States · 1941
  4. LOZADABoard of Immigration Appeals · 1988
  5. Hicks v. MirandaSupreme Court of the United States · 1975

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