Delegate (United States Congress)

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A Delegate to Congress is a non-voting member of the United States House of Representatives who is elected from a U.S. territory or from the District of Columbia. While unable to vote in the full House, a non-voting Delegate may vote in a House committee of which the Delegate is a member. The positions are now more permanent, having been supported by Congressional legislation (see Section 891, of Title 48 of the U. S. Code). However, this legislation stipulates that, ". . .the right to vote in committee shall be provided by the Rules of the House." Hence, if the delegate system or the individuals serving as delegates, were to pose a threat to the institution of the House, the House majority could, without a consensus with the Senate or the President, discipline or weaken the delegates.

Delegates serve exclusively in the House of Representatives—the Senate does not include any counterpart official from U.S. areas that do not possess statehood status. The non-voting delegates and the Resident Commissioner are subject to office-holding limits, ie. they can hold no other federal office simultaneously. They receive compensation, benefits, and franking privileges (free outgoing U.S. Mail) similar to full House members(48 USC 891,1711). Their travel account is limited to the equivalent of four round-trip flights flights per year per delegate (48 USC 1715).

In 1993, the 103rd Congress approved a rule change that allowed the four Delegates and the Resident Commissioner to vote on the floor of the House, but only in the Committee of the Whole. However, if any measure passed or failed in the Committee of the Whole because of a Delegate's vote, a second vote—excluding the Delegates—would be taken. In other words, Delegates were permitted to vote only if their votes had no effect on a measure's ultimate outcome. In 1995, this rule change was reversed by the 104th Congress, stripping the Delegates of even non-decisive votes. The reversal was denounced by Democrats — which all five of the Delegates either were or were allied with at the time — as a case of partisanship and which was made after Republicans gained control of the House for the first time in 40 years. Republicans countered that the former rule essentially gave the Democrats five more votes to which they were not constitutionally entitled. In January 2007, it was proposed by Democrats in the House that the 1993-1995 procedure be revived.^[1] The House approved the proposal with the adoption of H.Res. 78 by a vote of 226-191.

Current practice not only grants delegates votes in the standing committees, but also in the powerful conference committees (see House Rule III, 3[b]). Conference committees include representatives from both the House and Senate. These committees work to compromise and reconcile conflicts between House and Senate bills. Conferees often have great influence on the specifics of new federal laws.

[edit] Territories

A territory, under U.S. law, is a distinct, often largely self-governed jurisdiction inhabited by U.S. citizens that for constitutional, historical, or political reasons, is not an actual state. Under the United States Constitution only states are granted voting representation in both chambers of the Congress.

Currently, three U.S. territories are represented by non-voting Delegates—American Samoa, Guam, and the United States Virgin Islands. There is an effort underway to likewise grant to the Commonwealth of the Northern Mariana Islands a non-voting Delegate. In the case of Northern Mariana Islands, when the debate became more intense in the late 1970s, the House was a little reluctant to grant a non-voting delegate due to the territory's relatively small population of about 15,000 (1970 population). However, today the total population is about 80,801 (House Committee Report 109-110, Committee on Resources, Northern Mariana Islands Delegate Act). Looming in the background is the "one man, one vote" case law which places pressure on Congress and state legislatures to keep the population of federal Congressional Districts roughly equal.

[edit] Washington D.C.

The District of Columbia, otherwise known as Washington, D.C., the capital city of the United States, is technically a federal district—not a territory, commonwealth or insular area—but, for purposes of representation in the House, is nevertheless entitled to a non-voting Delegate.

[edit] Puerto Rico

Puerto Rico, a U.S. Commonwealth, is represented by a non-voting "Resident Commissioner" who holds a status similar to that of a Delegate within the House, but who serves a four-year term. The Resident Commissioner is the only individual elected to the House who has a four-year term—all remaining non-voting Delegates and all regularly voting traditional Representatives, serve a term consisting of only two years. During its time as a U.S. Commonwealth, the Philippines also sent a non-voting Resident Commissioner to the House from 1907 to 1945. As America grew in the 19th century, non-voting delegates were used in territories that were working toward full statehood. Dakota Territory was represented by a non-voting delegate during the period from 1861 to 1889.

Lists of United States congressional delegations (lists of House members, lists of Senators)

Alabama (H S) • Alaska (H S) • Arizona (H S) • Arkansas (H S) • California (H S) • Colorado (H S) • Connecticut (H S) • Delaware (H S) • Florida (H S) • Georgia (H S) • Hawaii (H S) • Idaho (H S) • Illinois (H S) • Indiana (H S) • Iowa (H S) • Kansas (H S) • Kentucky (H S) • Louisiana (H S) • Maine (H S) • Maryland (H S) • Massachusetts (H S) • Michigan (H S) • Minnesota (H S) • Mississippi (H S) • Missouri (H S) • Montana (H S) • Nebraska (H S) • Nevada (H S) • New Hampshire (H S) • New Jersey (H S) • New Mexico (H S) • New York (H S) • North Carolina (H S) • North Dakota (H S) • Ohio (H S) • Oklahoma (H S) • Oregon (H S) • Pennsylvania (H S) • Rhode Island (H S) • South Carolina (H S) • South Dakota (H S) • Tennessee (H S) • Texas (H S) • Utah (H S) • Vermont (H S) • Virginia (H S) • Washington (H S) • West Virginia (H S) • Wisconsin (H S) • Wyoming (H S) American Samoa • District of Columbia • Guam • Puerto Rico • Virgin Islands (Obsolete: Dakota Territory • Northwest Territory • Orleans Territory • Philippines)