What price representation?

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				THE
Column Archive				VIRGINIA GAZETTE
				WILLIAMSBURG, VIRGINIA
What price representation?				September 8, 2007

Several weeks ago, as a result of readers’ inquiries, a reporter for the Daily Press made yet another attempt to probe the medical condition of Rep. Jo Ann Davis (R-1^st).

Davis, who has had a recurrence of breast cancer, has been absent from the House of Representatives for several months and, as a result, has not been voting on recent major pieces of legislation. Her chairs in the various committees on which she sits, including the vital House Armed Services Committee, have remained vacant.

The response to questions about her health is that she wishes to battle her disease in private. She maintains that she has no intention of giving up her seat and that she plans to run again next year.

Not dissimilar is the situation of Sen. Tim Johnson (D-S.D.), who had been absent from the Senate since December due to a stroke. Johnson, who returned to the Senate on Sept. 5, represented in his absence the slim thread by which the fabric of a Democratic majority in that body is held together.

What seems to be overlooked in both cases is the issue of constituent representation. That is, under our representational system, what expectations do constituents forfeit when the members of Congress whom they have elected find themselves in absentia for extended periods as a result of long-term illnesses?

In instances such as this the Constitution is of little help.

Finally approved in 1913, the 17^th Amendment to the Constitution provides that senators be directly elected by the people of a state, as opposed to being appointed by state legislatures. It also provides for the appointment of a new senator by the various state legislatures, or, with legislative approval, by the governor if a “vacancy” occurs. The prevailing assumption has been that a “vacancy” arises only in the cases of resignation or death.

About vacancies in the House of Representatives the Constitution says nothing. As a result, and since representatives are considered directly responsible to and representative of the people in their districts, special elections are called when vacancies occur in the House.

In the case of Davis, Democrats in her district probably feel that her votes will not be missed, since she regularly votes the Republican line on most bills. Others, including some Republicans, feel that her votes are meaningless now that the Democrats control the House.

Yet, it seems to me that the concept of representation goes far beyond votes cast or arguments made for specific pieces of legislation. There are some issues that far transcend political considerations, such as the removal of the ghost fleet of decaying and hazardous ships from the James River. In her fight to get them scrapped, Davis has been indomitable, as she has been on issues related to hazardous waste moving through the area.

Even more important is the fact that representatives are the only resource citizens have when dealing with issues related to federally legislated programs. Whether it be questions about Social Security, Medicare, military service, grants to local constituents, child care and insurance, education or a host of other federal programs, it is essential that a full-time representative be on hand to help constituents slog through the maze of whatever federal legislation might affect them.

Since senatorial representation devolves upon two people, the citizens of a state are not totally without recourse if one of them is forced to relinquish his or her duties for any length of time. In addition, senators deal primarily with issues that affect the state as a whole in its relationship with the federal government.

In the case of representatives, however, singularity rules, and the long-term absence of a district representative, excellent though her staff may be, leaves constituents at a distinct disadvantage.

Does this mean we should toss out legislators who find themselves beset by long-term medical disabilities and hence unable to fulfill their duties? Absolutely not.

On the other hand, some mechanism should be in place whereby citizens could regain their representation in Congress and in their district. As it stands now, constituents either have to wait for a disabled representative to generate a special election through resignation or death or persevere until the next regularly scheduled election.

Whether it be through a constitutional amendment or an addendum to the Rules of the House of Representatives, legislation should be introduced whereby representatives who, for whatever reason, cannot commit to full-time service could appoint, with the approval of the House, pro tempore replacements until such time as they can resume their office. Or perhaps a committee of elected county and city leaders in the district could appoint a temporary substitute representative.

That said, I suspect there is no one in the First District who would not grant to Representative Davis the privacy she requires to deal with her illness. Nor is there anyone who does not wish her a speedy and full recovery and a quick return to her duties.