Delegate (United States Congress)
Encyclopedia
A delegate to Congress is a non-voting member of the United States House of Representatives who is elected from a U.S. territory and from Washington, D.C.
to a two-year term. 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 consulting 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 of Puerto Rico
are subject to office-holding limits, i.e., they can hold no other federal office simultaneously. They receive compensation, benefits, and franking
privileges (the ability to send outgoing U.S. Mail without a stamp) similar to full House members . Their travel account is limited to the equivalent of four round-trip flights per year per delegate .
Governor John Sevier
, whose fifth district comprised the territory of the "proclaimed state". Soon after he arrived, however, it was learned that the government of North Carolina had ceded his district to the Federal Government, and for rest of his abbreviated term, he continued to sit in Congress as a full member, despite the fact that he was no longer representing one of the several states.
On September 3, 1794, the government of the Southwest Territory
, which had once been Sevier's district, chose James White
to be its delegate to Congress, a position that had been mentioned in the 1787 Northwest Ordinance
, but nowhere in the Constitution. White had to wait while Congress debated where he should sit, if at all. Finally, he was given speaking privileges in the U.S. House of Representatives.
elected William Henry Harrison
as its first delegate to Congress. As the nation expanded, when a territory was organized by Congress, it would send a delegate to Washington. With the admission of Hawaii to the Union, on August 21, 1959, and with Puerto Rico sending a Resident Commissioner
, there were no further delegates until 1970.
, a U.S. Commonwealth, has been represented by a non-voting Resident Commissioner
since 1901. The resident commissioner holds a status similar to that of a delegate within the House, but serves a four-year term. The resident commissioner is the only individual elected to the House who serves for this duration.
elected two non-voting resident commissioners to serve in the U.S. House of Representatives. From 1937 until 1946, while it was a U.S. Commonwealth, the Philippines
sent one non-voting resident commissioner to the House. Upon independence in 1946, the Philippines ceased to be represented in Congress.
, an insular area since 1929, first elected a delegate, A. U. Fuimaono, in 1970. However, one was not seated until 1981, when Fofó Iosefa Fiti Sunia
took office.
—not a territory, commonwealth or insular area
. However, it briefly was from 1871–73, and had a delegate to Congress. This situation did not last long and congressional representation was terminated. The District had no delegates until 1971, when Congress agreed to seat Walter E. Fauntroy
as the first delegate to the House of Representatives in twelve years.
from the US Virgin Islands
, which became a U.S. territory in 1917; and Antonio Borja Won Pat
from Guam
. Won Pat had been elected first in the mid 1960s and had been seeking a place in the House ever since. The islands became part of the US in 1899.
In 2008, the Consolidated Natural Resources Act of 2008, signed into law by President George W. Bush
, replaced the position of Resident Representative with a non-voting delegate to the House of Representatives.
The election of the first delegate took place in November 2008. It was the only contest on the ballot because CNMI elections traditionally occurred in odd-numbered years. Gregorio Sablan
won the election and took office in January 2009.
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. This change was denounced by Republicans
(all five of the delegates either were Democrats or were allied with the Democrats at the time) as a case of partisanship; the Democrats had lost a dozen house seats in the 1992 election, and this change effectively reduced the impact by half. In 1995, this rule change was reversed by the 104th Congress
, stripping the delegates of even non-decisive votes. The reversal was in turn denounced by Democrats
(all five of the Delegates either were Democrats or were allied with the Democrats at the time) as a case of partisanship; the change was made after Republicans gained control of the House for the first time in 40 years. In January 2007, it was proposed by Democrats in the House that the 1993–1995 procedure be revived. Delegates had this right during the 110th and 111th Congresses. Republicans again objected, and when their party gained control of the House during the 112th Congress, the right of delegates to vote in committee of the whole was again removed.
Delegates still retain the right to vote in congressional committees and in 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.
Washington, D.C.
Washington, D.C., formally the District of Columbia and commonly referred to as Washington, "the District", or simply D.C., is the capital of the United States. On July 16, 1790, the United States Congress approved the creation of a permanent national capital as permitted by the U.S. Constitution....
to a two-year term. 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 consulting the Senate or the President, discipline or weaken the delegates.
Delegates serve exclusively in the House of Representatives—the Senate
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
does not include any counterpart official from U.S. areas that do not possess statehood status. The non-voting delegates and the Resident Commissioner of Puerto Rico
Resident Commissioner of Puerto Rico
The Resident Commissioner of Puerto Rico is a non-voting member of the United States House of Representatives elected by the voters of the Commonwealth of Puerto Rico every four years...
are subject to office-holding limits, i.e., they can hold no other federal office simultaneously. They receive compensation, benefits, and franking
Franking
Franking are any and all devices or markings such as postage stamps , printed or stamped impressions, codings, labels, manuscript writings , and/or any other authorized form of markings affixed or applied to mails to qualify them to be postally serviced.-Franking types and...
privileges (the ability to send outgoing U.S. Mail without a stamp) similar to full House members . Their travel account is limited to the equivalent of four round-trip flights per year per delegate .
1789–99
In 1790, the state of North Carolina, having recently ratified the constitution and become the 12th state, sent its congressional delegation to what was then the Federal Capitol at New York City. Among them was former State of FranklinState of Franklin
The State of Franklin, known also as the Free Republic of Franklin or the State of Frankland , was an unrecognized autonomous United States territory created in 1784 from part of the territory west of the Appalachian Mountains that had been offered,...
Governor John Sevier
John Sevier
John Sevier served four years as the only governor of the State of Franklin and twelve years as Governor of Tennessee. As a U.S. Representative from Tennessee from 1811 until his death...
, whose fifth district comprised the territory of the "proclaimed state". Soon after he arrived, however, it was learned that the government of North Carolina had ceded his district to the Federal Government, and for rest of his abbreviated term, he continued to sit in Congress as a full member, despite the fact that he was no longer representing one of the several states.
On September 3, 1794, the government of the Southwest Territory
Southwest Territory
The Territory South of the River Ohio, more commonly known as the Southwest Territory, was an organized incorporated territory of the United States that existed from May 26, 1790, until June 1, 1796, when it was admitted to the United States as the State of Tennessee.The Southwest Territory was...
, which had once been Sevier's district, chose James White
James White (politician)
James White was an American physician, lawyer, and politician. He was an early settler at Nashville, Tennessee and in Louisiana. He was a delegate for North Carolina in the Continental Congress and a non-voting member of the U.S. House for the Southwest Territory.White was born into a prosperous...
to be its delegate to Congress, a position that had been mentioned in the 1787 Northwest Ordinance
Northwest Ordinance
The Northwest Ordinance was an act of the Congress of the Confederation of the United States, passed July 13, 1787...
, but nowhere in the Constitution. White had to wait while Congress debated where he should sit, if at all. Finally, he was given speaking privileges in the U.S. House of Representatives.
1799–1959
In 1799, the Northwest TerritoryNorthwest Territory
The Territory Northwest of the River Ohio, more commonly known as the Northwest Territory, was an organized incorporated territory of the United States that existed from July 13, 1787, until March 1, 1803, when the southeastern portion of the territory was admitted to the Union as the state of Ohio...
elected William Henry Harrison
William Henry Harrison
William Henry Harrison was the ninth President of the United States , an American military officer and politician, and the first president to die in office. He was 68 years, 23 days old when elected, the oldest president elected until Ronald Reagan in 1980, and last President to be born before the...
as its first delegate to Congress. As the nation expanded, when a territory was organized by Congress, it would send a delegate to Washington. With the admission of Hawaii to the Union, on August 21, 1959, and with Puerto Rico sending a Resident Commissioner
Resident Commissioner
Resident Commissioner is the title of several, quite different types of Commissioner in overseas possession or protectorate of the British Crown or of the United States.-British English:...
, there were no further delegates until 1970.
Resident commissioner
Similar to delegates are resident commissioners, who represented the large territories acquired during the Spanish American War.Puerto Rico
Puerto RicoPuerto Rico
Puerto Rico , officially the Commonwealth of Puerto Rico , is an unincorporated territory of the United States, located in the northeastern Caribbean, east of the Dominican Republic and west of both the United States Virgin Islands and the British Virgin Islands.Puerto Rico comprises an...
, a U.S. Commonwealth, has been represented by a non-voting Resident Commissioner
Resident Commissioner of Puerto Rico
The Resident Commissioner of Puerto Rico is a non-voting member of the United States House of Representatives elected by the voters of the Commonwealth of Puerto Rico every four years...
since 1901. The resident commissioner holds a status similar to that of a delegate within the House, but serves a four-year term. The resident commissioner is the only individual elected to the House who serves for this duration.
The Philippines
From 1907 until 1937, while it was a U.S. Territory, the PhilippinesPhilippines
The Philippines , officially known as the Republic of the Philippines , is a country in Southeast Asia in the western Pacific Ocean. To its north across the Luzon Strait lies Taiwan. West across the South China Sea sits Vietnam...
elected two non-voting resident commissioners to serve in the U.S. House of Representatives. From 1937 until 1946, while it was a U.S. Commonwealth, the Philippines
Philippines
The Philippines , officially known as the Republic of the Philippines , is a country in Southeast Asia in the western Pacific Ocean. To its north across the Luzon Strait lies Taiwan. West across the South China Sea sits Vietnam...
sent one non-voting resident commissioner to the House. Upon independence in 1946, the Philippines ceased to be represented in Congress.
Revival of the Office
In the mid-1960s, a number of small territories which had no chance of becoming states began to consider sending delegates to Congress in order to seek official recognition. Starting in 1970, they actually did so.American Samoa
American SamoaAmerican Samoa
American Samoa is an unincorporated territory of the United States located in the South Pacific Ocean, southeast of the sovereign state of Samoa...
, an insular area since 1929, first elected a delegate, A. U. Fuimaono, in 1970. However, one was not seated until 1981, when Fofó Iosefa Fiti Sunia
Fofó Iosefa Fiti Sunia
Fofó Iosefa Fiti Sunia was the first non-voting Delegate from American Samoa to the United States House of Representatives...
took office.
District of Columbia
The District of Columbia is technically a federal districtFederal district
Federal districts are a type of administrative division of a federation, under the direct control of a federal government. They exist in various countries and states all over the world.-United States:...
—not a territory, commonwealth or insular area
Insular area
An insular area is a United States territory, that is neither a part of one of the fifty U.S. states nor the District of Columbia, the federal district of the United States...
. However, it briefly was from 1871–73, and had a delegate to Congress. This situation did not last long and congressional representation was terminated. The District had no delegates until 1971, when Congress agreed to seat Walter E. Fauntroy
Walter E. Fauntroy
Walter Edward Fauntroy is the former pastor of the New Bethel Baptist Church in Washington, D.C., and a civil rights activist. He is also a former member of the United States Congress and was a candidate for the 1972 Democratic presidential nomination, as well as a human rights activist...
as the first delegate to the House of Representatives in twelve years.
The Virgin Islands and Guam
In 1972, the House agreed to admit two more delegates, Ron de LugoRon de Lugo
Ron de Lugo was the first Delegate from the United States Virgin Islands to the United States House of Representatives. His fathers parents were Puerto Ricans his grandfather owned a hardware store and gun dealership in Charlotte Amale, St. Thomas. His parents though living in New Jersey at the...
from the US Virgin Islands
United States Virgin Islands
The Virgin Islands of the United States are a group of islands in the Caribbean that are an insular area of the United States. The islands are geographically part of the Virgin Islands archipelago and are located in the Leeward Islands of the Lesser Antilles.The U.S...
, which became a U.S. territory in 1917; and Antonio Borja Won Pat
Antonio Borja Won Pat
Antonio Borja Won Pat was the first Delegate from Guam to the United States House of Representatives.He was born in Sumay, Guam, and worked as a teacher. He was first elected to the Advisory Guam Congress in 1936. In 1951 he became speaker of the Guam Assembly. In 1965 he was elected as a...
from Guam
Guam
Guam is an organized, unincorporated territory of the United States located in the western Pacific Ocean. It is one of five U.S. territories with an established civilian government. Guam is listed as one of 16 Non-Self-Governing Territories by the Special Committee on Decolonization of the United...
. Won Pat had been elected first in the mid 1960s and had been seeking a place in the House ever since. The islands became part of the US in 1899.
Northern Mariana Islands
For thirty years, since 1978, citizens of the Commonwealth of the Northern Mariana Islands elected a resident representative, commonly known as Washington representative, an office established by Article V of the Constitution of the Northern Mariana Islands for the purpose of representing the CNMI in the United States capital and performing related official duties established by CNMI law.In 2008, the Consolidated Natural Resources Act of 2008, signed into law by President George W. Bush
George W. Bush
George Walker Bush is an American politician who served as the 43rd President of the United States, from 2001 to 2009. Before that, he was the 46th Governor of Texas, having served from 1995 to 2000....
, replaced the position of Resident Representative with a non-voting delegate to the House of Representatives.
The election of the first delegate took place in November 2008. It was the only contest on the ballot because CNMI elections traditionally occurred in odd-numbered years. Gregorio Sablan
Gregorio Sablan
Gregorio Kilili Camacho Sablan is a Northern Mariana politician and former election commission director. Sablan was elected in 2008 as the first nonvoting delegate to the United States House of Representatives from the Commonwealth of the Northern Mariana Islands...
won the election and took office in January 2009.
Expanding (and contracting) voting rights
In 1993, the 103rd Congress103rd United States Congress
- House of Representatives :- Leadership :- Senate :* President: Dan Quayle , until January 20, 1993** Al Gore , from January 20, 1993* President pro tempore: Robert Byrd - Majority leadership :* Majority Leader: George Mitchell...
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
Committee of the Whole (United States House of Representatives)
In the United States House of Representatives, the Committee of the Whole, short for Committee of the Whole House on the State of the Union, is a parliamentary device in which the House of Representatives is considered one large congressional committee...
. 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. This change was denounced by Republicans
Republican Party (United States)
The Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S...
(all five of the delegates either were Democrats or were allied with the Democrats at the time) as a case of partisanship; the Democrats had lost a dozen house seats in the 1992 election, and this change effectively reduced the impact by half. In 1995, this rule change was reversed by the 104th Congress
104th United States Congress
The One Hundred Fourth United States Congress was a meeting of the legislative branch of the United States federal government, composed of the United States Senate and the United States House of Representatives. It met in Washington, DC from January 3, 1995 to January 3, 1997, during the third and...
, stripping the delegates of even non-decisive votes. The reversal was in turn denounced by Democrats
Democratic Party (United States)
The Democratic Party is one of two major contemporary political parties in the United States, along with the Republican Party. The party's socially liberal and progressive platform is largely considered center-left in the U.S. political spectrum. The party has the lengthiest record of continuous...
(all five of the Delegates either were Democrats or were allied with the Democrats at the time) as a case of partisanship; the change was made after Republicans gained control of the House for the first time in 40 years. In January 2007, it was proposed by Democrats in the House that the 1993–1995 procedure be revived. Delegates had this right during the 110th and 111th Congresses. Republicans again objected, and when their party gained control of the House during the 112th Congress, the right of delegates to vote in committee of the whole was again removed.
Delegates still retain the right to vote in congressional committees and in 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.