Bench Memos

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Re: Hatching Unconstitutionality


Some more questions for the misguided Senator Hatch:


1.  Is it “fair” that D.C., with a population below 600,000, has three electoral votes? 


It is no answer to Hatch’s fairness concern to observe that the 23rd Amendment provides D.C. these three electoral votes, for the question is whether Hatch’s sense of fairness should trump the Constitution.  (In this regard, it’s worth noting that the 23rd Amendment, by invoking the counterfactual phrase “if [D.C.] were a State,” expressly recognizes that D.C. is not a state.)


2.  Is it “fair” that Congress has provided that D.C. residents pay only the lower in-state tuition rate (or $10,000 less than the ordinary out-of-state rate) at the more than 2,500 public colleges and universities in the 50 states? 


3.  Is anyone who lives in D.C. somehow prevented from moving to a state?

Tags: Whelan


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