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To: muawiyah

I realize that Congress is the ultimate authority in the district. Does that preclude the city itself from devising any city measures such as the one we’re addressing?

For instance, a city in a state doesn’t have to check with the state capital to implement city ordinances.

Is that forbidden in D.C.?


273 posted on 01/26/2008 1:26:31 PM PST by DoughtyOne (< fence >< sound immigration policies >< /weasles >< /RINOs >< /Reagan wannabees that are liberal >)
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To: DoughtyOne

The Dillon Rule is the one that says a city cannot enact any rules without specific state authorization. The Home Rule is the one that says a city can enact rules provided they aren’t specifically disapproved by the state.

Congress has what is described in the Constitution as “Exclusive Legislative Jurisdiction” ~ and that means there’s no subordinate body with authority to legislate over the district.

I think the Constitution prohibits the form of city government Congress established because it has independent authority to legislate.

The implementing legislation passed by Congress gave Congress the power to disapprove specific legislative items.

I don’t think that is going to pass Constitutional review by the Supreme Court.

BTW, this question has never been before the Court.


275 posted on 01/26/2008 3:27:22 PM PST by muawiyah
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