Non-voting members of the United States House of Representatives (called either delegates or resident commissioner, in the case of
Puerto Rico
Puerto Rico (; abbreviated PR; tnq, Boriken, ''Borinquen''), officially the Commonwealth of Puerto Rico ( es, link=yes, Estado Libre Asociado de Puerto Rico, lit=Free Associated State of Puerto Rico), is a Caribbean island and Unincorporated ...
) are representatives of their territory in the
House of Representatives
House of Representatives is the name of legislative bodies in many countries and sub-national entitles. In many countries, the House of Representatives is the lower house of a bicameral legislature, with the corresponding upper house often c ...
, who do not have a right to vote on proposed legislation in the full House but nevertheless have floor privileges and are able to participate in certain other House functions. Non-voting members may vote in a House committee of which they are a member and introduce legislation.
There are currently six non-voting members: a delegate representing the
District of Columbia
)
, image_skyline =
, image_caption = Clockwise from top left: the Washington Monument and Lincoln Memorial on the National Mall, United States Capitol, Logan Circle, Jefferson Memorial, White House, Adams Morgan, ...
, a
resident commissioner
Resident commissioner was or is an official title of several different types of commissioners, who were or are representatives of any level of government. Historically, they were appointed by the British Crown in overseas protectorates (such ...
representing
Puerto Rico
Puerto Rico (; abbreviated PR; tnq, Boriken, ''Borinquen''), officially the Commonwealth of Puerto Rico ( es, link=yes, Estado Libre Asociado de Puerto Rico, lit=Free Associated State of Puerto Rico), is a Caribbean island and Unincorporated ...
, as well as one delegate for each of the other four permanently inhabited
U.S. territories
Territories of the United States are sub-national administrative divisions overseen by the federal government of the United States. The various American territories differ from the U.S. states and tribal reservations as they are not sover ...
:
American Samoa
American Samoa ( sm, Amerika Sāmoa, ; also ' or ') is an unincorporated territory of the United States located in the South Pacific Ocean, southeast of the island country of Samoa. Its location is centered on . It is east of the International ...
,
Guam
Guam (; ch, Guåhan ) is an organized, unincorporated territory of the United States in the Micronesia subregion of the western Pacific Ocean. It is the westernmost point and territory of the United States (reckoned from the geographic cent ...
, the
Northern Mariana Islands
The Northern Mariana Islands, officially the Commonwealth of the Northern Mariana Islands (CNMI; ch, Sankattan Siha Na Islas Mariånas; cal, Commonwealth Téél Falúw kka Efáng llól Marianas), is an unincorporated territory and commonw ...
and the
U.S. Virgin Islands. A seventh delegate, representing the
Cherokee Nation, has been formally proposed but not yet seated, while an eighth, representing the
Choctaw Nation
The Choctaw Nation ( Choctaw: ''Chahta Okla'') is a Native American territory covering about , occupying portions of southeastern Oklahoma in the United States. The Choctaw Nation is the third-largest federally recognized tribe in the United ...
, is named in a treaty but has neither been proposed nor seated. As with voting members, delegates are elected every two years, except the resident commissioner of Puerto Rico who is elected every four years.
Privileges of delegates
Non-voting members serve exclusively in the House of Representatives; the
Senate
A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the el ...
has no non-voting members (with the exception of the
Vice president of the United States
The vice president of the United States (VPOTUS) is the second-highest officer in the executive branch of the U.S. federal government, after the president of the United States, and ranks first in the presidential line of succession. The vice ...
, who may
vote only to break ties) and no members representing the territories or the District of Columbia. All delegates serve a term of two years, while resident commissioners serve a term of four years. They receive compensation, benefits, and
franking
Franking comprises all devices, markings, or combinations thereof ("franks") applied to mails of any class which qualifies them to be postally serviced. Types of franks include uncanceled and precanceled postage stamps (both adhesive and printed o ...
privileges (the ability to send outgoing
U.S. mail
The United States Postal Service (USPS), also known as the Post Office, U.S. Mail, or Postal Service, is an independent agency of the executive branch of the United States federal government responsible for providing postal service in the U. ...
without a
stamp) similar to full House members. Since 1993, the rules governing the rights of a non-voting member have changed three times, and current delegates—along with the resident commissioner—enjoy privileges that they did not have previously.
Early history
![John A](https://upload.wikimedia.org/wikipedia/commons/d/d2/John_A._Burns_1966.jpg)
Territorial delegates existed before the ratification of the
United States Constitution
The Constitution of the United States is the Supremacy Clause, supreme law of the United States, United States of America. It superseded the Articles of Confederation, the nation's first constitution, in 1789. Originally comprising seven ar ...
. The
Northwest Ordinance of 1787
The Northwest Ordinance (formally An Ordinance for the Government of the Territory of the United States, North-West of the River Ohio and also known as the Ordinance of 1787), enacted July 13, 1787, was an organic act of the Congress of the Co ...
allowed for territory with "five thousand free male inhabitants of full age" to elect a non-voting delegate to the
Continental Congress
The Continental Congress was a series of legislative bodies, with some executive function, for thirteen of Britain's colonies in North America, and the newly declared United States just before, during, and after the American Revolutionary War. ...
. After the ratification of the Constitution, the
first United States Congress
The 1st United States Congress, comprising the United States Senate and the United States House of Representatives, met from March 4, 1789, to March 4, 1791, during the first two years of George Washington's presidency, first at Federal Hall in ...
reenacted the Ordinance and extended it to include the territories south of the
Ohio River
The Ohio River is a long river in the United States. It is located at the boundary of the Midwestern and Southern United States, flowing southwesterly from western Pennsylvania to its mouth on the Mississippi River at the southern tip of Illino ...
.
In 1790, the state of
North Carolina
North Carolina () is a state in the Southeastern region of the United States. The state is the 28th largest and 9th-most populous of the United States. It is bordered by Virginia to the north, the Atlantic Ocean to the east, Georgia and So ...
—having recently ratified the constitution, becoming the 12th state—sent its congressional delegation to what was then the federal capital at
New York City
New York, often called New York City or NYC, is the List of United States cities by population, most populous city in the United States. With a 2020 population of 8,804,190 distributed over , New York City is also the L ...
. Among them was former
State of Franklin
The State of Franklin (also the Free Republic of Franklin or the State of Frankland)Landrum, refers to the proposed state as "the proposed republic of Franklin; while Wheeler has it as ''Frankland''." In ''That's Not in My American History Boo ...
governor
John Sevier
John Sevier (September 23, 1745 September 24, 1815) was an American soldier, frontiersman, and politician, and one of the founding fathers of the State of Tennessee. A member of the Democratic-Republican Party, he played a leading role in Tennes ...
, whose district (
Washington District
The Washington District is a Norfolk Southern Railway line in the U.S. state of Virginia that connects Alexandria, Virginia, Alexandria and Lynchburg, Virginia, Lynchburg. Most of the line was originally built from 1850 to 1860 by the Orange and ...
) comprised the "
counties beyond the Alleghenies". He took office June 16, 1790, however, the government of North Carolina had ceded Washington District to the federal government on February 25, 1790, and it was organized as the
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 a ...
on August 7, 1790. He remained a member of the House until March 3, 1791, when he was appointed brigadier general of the militia.
On September 3, 1794,
James White was elected by the Southwest Territory, which contained the former Washington District, to be their delegate to Congress.
A resolution was put forth in the House to admit him to Congress, but as a delegate was not a position stated in the Constitution, the House debated what, if any, privileges White would have. As the
Northwest Ordinance had only stated that a delegate is to sit "in Congress" the first debate was which chamber a delegate would sit in. Resolutions that he sit in both chambers and that his right to debate is limited to territorial matters were defeated. Ultimately, the House voted to allow him a non-voting seat in the House.
Following his placement, representatives debated whether he should take the oath. Representative
James Madison
James Madison Jr. (March 16, 1751June 28, 1836) was an American statesman, diplomat, and Founding Father. He served as the fourth president of the United States from 1809 to 1817. Madison is hailed as the "Father of the Constitution" for hi ...
stated "The proper definition of Mr. White is to be found in the Laws and Rules of the Constitution. He is not a member of Congress, therefore, and so cannot be directed to take an oath, unless he chooses to do it voluntarily."
As he was not a member, he was not directed to take the oath, though every delegate after him has done so.
He was also extended
franking
Franking comprises all devices, markings, or combinations thereof ("franks") applied to mails of any class which qualifies them to be postally serviced. Types of franks include uncanceled and precanceled postage stamps (both adhesive and printed o ...
privileges, which allowed him to send official mail free of charge, and compensation at the same rate as members.
In 1802 Congress passed a law that specifically extended
franking
Franking comprises all devices, markings, or combinations thereof ("franks") applied to mails of any class which qualifies them to be postally serviced. Types of franks include uncanceled and precanceled postage stamps (both adhesive and printed o ...
privileges and pay to delegates. An act passed in 1817 codified the term and privileges of delegates:
every territory of the United States in which a temporary government has been, or hereafter shall be established...shall have the right to send a delegate to Congress, such delegate shall be elected every second year, for the same term of two years for which members of the House of Representatives of the United States are elected; and in that house, each of the said delegates shall have a seat with a right of debating, but not of voting.
From that point on, until August 1959, there was not a single congress without delegates. During the period from 1870 to 1891, there were as many as ten serving at one time. With the admission of Hawaii, and with Puerto Rico sending a Resident Commissioner, the office temporarily went out of existence.
Resident commissioner
![Federico Degetau y González](https://upload.wikimedia.org/wikipedia/commons/c/cd/Federico_Degetau_y_Gonz%C3%A1lez.JPG)
Similar to delegates are
resident commissioner
Resident commissioner was or is an official title of several different types of commissioners, who were or are representatives of any level of government. Historically, they were appointed by the British Crown in overseas protectorates (such ...
s, who represented the large areas acquired during the
Spanish–American War
, partof = the Philippine Revolution, the decolonization of the Americas, and the Cuban War of Independence
, image = Collage infobox for Spanish-American War.jpg
, image_size = 300px
, caption = (clock ...
, and for much of the 20th century were considered colonies, not territories and unlike the previously acquired areas which would become the contiguous U.S. or Alaska and Hawaii, did not have residents with the rights of or to U.S. citizenship.
Territories can secede from the United States with the consent of Congress,
and in the case of the Philippines, they have.
Puerto Rico
Puerto Rico
Puerto Rico (; abbreviated PR; tnq, Boriken, ''Borinquen''), officially the Commonwealth of Puerto Rico ( es, link=yes, Estado Libre Asociado de Puerto Rico, lit=Free Associated State of Puerto Rico), is a Caribbean island and Unincorporated ...
, 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.
The Philippines
From 1907 until 1937, while it was a U.S. territory, the
Philippines
The Philippines (; fil, Pilipinas, links=no), officially the Republic of the Philippines ( fil, Republika ng Pilipinas, links=no),
* bik, Republika kan Filipinas
* ceb, Republika sa Pilipinas
* cbk, República de Filipinas
* hil, Republ ...
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
The Philippines (; fil, Pilipinas, links=no), officially the Republic of the Philippines ( fil, Republika ng Pilipinas, links=no),
* bik, Republika kan Filipinas
* ceb, Republika sa Pilipinas
* cbk, República de Filipinas
* hil, Republ ...
sent one non-voting resident commissioner to the House. Upon independence in 1946, the Philippines ceased to be represented in Congress.
List of past delegates
Listed here by their congressional districts.
Current delegates
In the mid-1960s, a number of small territories that had no prospects of becoming states began to petition for representation in Congress. Starting in 1970, the House of Representatives started to grant representation to these territories, but with limited voting rights.
American Samoa
![Aumua Amata Radewagen congressional photo](https://upload.wikimedia.org/wikipedia/commons/a/a1/Aumua_Amata_Radewagen_congressional_photo.jpg)
As the
U.S. Virgin Islands and
Guam
Guam (; ch, Guåhan ) is an organized, unincorporated territory of the United States in the Micronesia subregion of the western Pacific Ocean. It is the westernmost point and territory of the United States (reckoned from the geographic cent ...
had delegates in
Washington, D.C.
)
, image_skyline =
, image_caption = Clockwise from top left: the Washington Monument and Lincoln Memorial on the National Mall, United States Capitol, Logan Circle, Jefferson Memorial, White House, Adams Morgan, ...
, the American Samoa-based ''Political Status Study Commission'' had meetings with the delegates from these two territories. They came home to
Pago Pago
Pago Pago ( ; Samoan: )Harris, Ann G. and Esther Tuttle (2004). ''Geology of National Parks''. Kendall Hunt. Page 604. . is the territorial capital of American Samoa. It is in Maoputasi County on Tutuila, which is American Samoa's main island. ...
convinced of the importance of having this representation in the nation's capital. Members of the
American Samoa Fono
The American Samoa Fono is the territorial legislature of American Samoa. Like most states and territorial legislatures of the United States, it is a bicameral legislature with a House of Representatives and a Senate. The legislature is lo ...
had already been attending budget hearings in Washington for over a decade by 1970. During a special session held in July 1969,
Salanoa Aumoeualogo, the
President of the American Samoa Senate, introduced Senate Bill 54 to create a delegate at-large to Washington with four-year terms (
without congressional rights), which was approved by Governor
Owen Aspinall
Owen Stuart Aspinall (September 21, 1927 – February 7, 1997) was an American attorney and politician who served as the 45th Governor of American Samoa from August 1, 1967, to July 31, 1969. He was born in Grand Junction, Colorado; his fa ...
on August 8, 1969.
A. U. Fuimaono was elected at the first delegate at-large in 1970 before ending his term to run unsuccessfully for
Governor of American Samoa.
A. P. Lutali became the territory's second delegate to Washington in 1975.
Fofō Sunia was elected in 1978 after Lutali declined to run for reelection. He went to Washington knowing his term would be limited to two years, since a law had passed establishing an official non-voting delegate seat for American Samoa. Sunia was elected as American Samoa's first congressional delegate in 1981.
District of Columbia
![Walter Fauntroy](https://upload.wikimedia.org/wikipedia/commons/d/d3/Walter_Fauntroy.jpg)
The
District of Columbia
)
, image_skyline =
, image_caption = Clockwise from top left: the Washington Monument and Lincoln Memorial on the National Mall, United States Capitol, Logan Circle, Jefferson Memorial, White House, Adams Morgan, ...
is technically a
federal district
A federal district is a type of administrative division of a federation, usually under the direct control of a federal government and organized sometimes with a single municipal body. Federal districts often include capital districts, and they e ...
—not a territory, commonwealth or
insular area
In the law of the United States, an insular area is a U.S.-associated jurisdiction that is not part of the 50 states or the District of Columbia. This includes fourteen U.S. territories administered under U.S. sovereignty, as well as three sov ...
. However, from 1871 to 1875, it briefly had a delegate to Congress. This situation did not last long and congressional representation was terminated. The district had no other delegates until 1971, when the House of Representatives agreed to seat
Walter E. Fauntroy. He then served in that position between March 23, 1971 and January 3, 1991, when
Eleanor Holmes Norton
Eleanor Holmes Norton (born June 13, 1937) is an American lawyer and politician serving as a delegate to the United States House of Representatives, representing the District of Columbia since 1991. She is a member of the Democratic Party.
Ea ...
was elected. Norton continues in that position.
U.S. Virgin Islands
In 1972, the House agreed to admit
Ron de Lugo
Ronald de Lugo (August 2, 1930 – July 14, 2020) was an American politician. He was the first Delegate from the United States Virgin Islands to the United States House of Representatives. Ron de Lugo's parents were Puerto Ricans. Mr. De Lugo's ...
as a delegate from the
United States Virgin Islands
The United States Virgin Islands,. Also called the ''American Virgin Islands'' and the ''U.S. Virgin Islands''. officially the Virgin Islands of the United States, are a group of Caribbean islands and an unincorporated and organized territory ...
, which had been a U.S. territory since 1917 after they were purchased from
Denmark
)
, song = ( en, "King Christian stood by the lofty mast")
, song_type = National and royal anthem
, image_map = EU-Denmark.svg
, map_caption =
, subdivision_type = Sovereign state
, subdivision_name = Danish Realm, Kingdom of Denmark
...
under the 1916
Treaty of the Danish West Indies
The Treaty of the Danish West Indies, officially the Convention between the United States and Denmark for cession of the Danish West Indies, was a 1916 treaty transferring sovereignty of the Virgin Islands in the Danish West Indies from Den ...
. The current delegate,
Stacey Plaskett
Stacey Elizabeth Plaskett (; born May 13, 1966) is an American politician, attorney, and commentator. She is the delegate to the United States House of Representatives from the United States Virgin Islands' (USVI) at-large congressional distric ...
, became the first nonvoting delegate to serve as an impeachment manager in the
second impeachment trial of Donald Trump
The second impeachment trial of Donald Trump, the 45th president of the United States, began on February 9, 2021, and concluded with his acquittal on February 13. Trump had been impeached for the second time by the House of Representatives ...
.
Guam
In 1972, the House also agreed to admit
Antonio Borja Won Pat as a delegate from
Guam
Guam (; ch, Guåhan ) is an organized, unincorporated territory of the United States in the Micronesia subregion of the western Pacific Ocean. It is the westernmost point and territory of the United States (reckoned from the geographic cent ...
, which had been a U.S. territory since 1899 when it was ceded to the United States by
Spain
, image_flag = Bandera de España.svg
, image_coat = Escudo de España (mazonado).svg
, national_motto = ''Plus ultra'' (Latin)(English: "Further Beyond")
, national_anthem = (English: "Royal March")
, i ...
under the
Treaty of Paris Treaty of Paris may refer to one of many treaties signed in Paris, France:
Treaties
1200s and 1300s
* Treaty of Paris (1229), which ended the Albigensian Crusade
* Treaty of Paris (1259), between Henry III of England and Louis IX of France
* Trea ...
. Won Pat had been serving as the Washington Representative since 1965, an office
without congressional rights that lobbied to seek a place in the House.
Northern Mariana Islands
For thirty years, since 1978, citizens of the
Commonwealth of the Northern Mariana Islands
The Northern Mariana Islands, officially the Commonwealth of the Northern Mariana Islands (CNMI; ch, Sankattan Siha Na Islas Mariånas; cal, Commonwealth Téél Falúw kka Efáng llól Marianas), is an unincorporated territory and commonwea ...
(CNMI) elected a
resident representative, commonly known as Washington representative, an office
without congressional rights that was established to represent the CNMI in Washington and performing related official duties established by CNMI law.
In 2008, the
Consolidated Natural Resources Act of 2008
The Consolidated Natural Resources Act of 2008 (; CNRA) was an act passed in the 110th United States Congress and enacted on May 8, 2008.
Legislative history
The bill was introduced by Senator Jeff Bingaman of New Mexico, a Democrat and the ch ...
, signed into law by President
George W. Bush
George Walker Bush (born July 6, 1946) is an American politician who served as the 43rd president of the United States from 2001 to 2009. A member of the Republican Party, Bush family, and son of the 41st president George H. W. Bush, he ...
, 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 Kilili Camacho Sablan (born January 19, 1955) is a Northern Mariana Islander politician and former election commissioner. Elected in 2008, Sablan became the first delegate to the United States House of Representatives from the Commonw ...
won the election and took office in January 2009.
Native American treaty-right delegates
![Kimberly_Teehee,_2012-04-27_(cropped)](https://upload.wikimedia.org/wikipedia/commons/b/b1/Kimberly_Teehee%2C_2012-04-27_%28cropped%29.jpg)
The
Cherokee
The Cherokee (; chr, ᎠᏂᏴᏫᏯᎢ, translit=Aniyvwiyaʔi or Anigiduwagi, or chr, ᏣᎳᎩ, links=no, translit=Tsalagi) are one of the indigenous peoples of the Southeastern Woodlands of the United States. Prior to the 18th century, t ...
and
Choctaw
The Choctaw (in the Choctaw language, Chahta) are a Native American people originally based in the Southeastern Woodlands, in what is now Alabama and Mississippi. Their Choctaw language is a Western Muskogean language. Today, Choctaw people are ...
Native American tribes have treaty rights to send delegates to Congress. The right to a non-voting delegate to Congress was promised to the Cherokee by the
Treaty of Hopewell
Three agreements, each known as the Treaty of Hopewell, were signed between representatives of the Congress of the United States and the Cherokee, Choctaw, and Chickasaw peoples, were negotiated and signed at the Hopewell plantation in South Car ...
in 1785 (affirmed in 1835's
Treaty of New Echota
The Treaty of New Echota was a treaty signed on December 29, 1835, in New Echota, Georgia, by officials of the United States government and representatives of a minority Cherokee political faction, the Treaty Party.
The treaty established ter ...
) and to the Choctaw under the
Treaty of Dancing Rabbit Creek
The Treaty of Dancing Rabbit Creek was a treaty which was signed on September 27, 1830, and proclaimed on February 24, 1831, between the Choctaw American Indian tribe and the United States Government. This treaty was the first removal treaty wh ...
in 1830, "whenever Congress shall make provision for
delegate. Congress has never provided for the appointment of delegates from Indian tribes.
The Choctaw tribe has never appointed a delegate to Congress and the Cherokee had not until 2019. However, the Choctaw did send a non-congressional delegate to Washington for most of the 19th century as an ambassador to represent them before the U.S. government, the most noteworthy being
Peter Pitchlynn
Peter Perkins Pitchlynn ( cho, Hatchootucknee, italic=no, ) (January 30, 1806 – January 17, 1881) was a Choctaw chief of Choctaw and Anglo-American ancestry. He was principal chief of the Choctaw Republic from 1864-1866 and surrendered to the ...
.
["Peter P. Pitchlynn Collection"](_blank)
Western Histories Collection, University of Oklahoma Libraries
In addition, the first treaty signed between the United States and a Native American nation, the
Treaty of Fort Pitt
The Treaty of Fort Pitt, also known as the Treaty With the Delawares, the Delaware Treaty, or the Fourth Treaty of Pittsburgh, was signed on September 17, 1778, and was the first formal treaty between the new United States of America and any A ...
(1778) with the
Lenape
The Lenape (, , or Lenape , del, Lënapeyok) also called the Leni Lenape, Lenni Lenape and Delaware people, are an indigenous peoples of the Northeastern Woodlands, who live in the United States and Canada. Their historical territory includ ...
("Delaware Nation"), encouraged them to form a state that would have representation in Congress; however, it is unclear if the treaty would allow a delegate without the formation of a U.S. state.
A similar situation actively exists at the
state legislature level with the
Maine House of Representatives maintaining seats for three non-voting delegates representing the
Penobscot
The Penobscot (Abenaki: ''Pαnawάhpskewi'') are an Indigenous people in North America from the Northeastern Woodlands region. They are organized as a federally recognized tribe in Maine and as a First Nations band government in the Atlantic ...
(since 1823), the
Passamaquoddy
The Passamaquoddy ( Maliseet-Passamaquoddy: ''Peskotomuhkati'') are a Native American/First Nations people who live in northeastern North America. Their traditional homeland, Peskotomuhkatik'','' straddles the Canadian province of New Brunswick ...
(since 1842), and the
Maliseet
The Wəlastəkwewiyik, or Maliseet (, also spelled Malecite), are an Algonquian-speaking First Nation of the Wabanaki Confederacy. They are the indigenous people of the Wolastoq ( Saint John River) valley and its tributaries. Their territory ...
(since 2012).
The rights of the tribal delegates has fluctuated over time but appears to have been born from a practice in
Massachusetts General Court
The Massachusetts General Court (formally styled the General Court of Massachusetts) is the state legislature of the Commonwealth of Massachusetts. The name "General Court" is a hold-over from the earliest days of the Massachusetts Bay Colony, ...
(
Maine
Maine () is a state in the New England and Northeastern regions of the United States. It borders New Hampshire to the west, the Gulf of Maine to the southeast, and the Canadian provinces of New Brunswick and Quebec to the northeast and north ...
was a part of
until 1820).
[ Unlike the situation at the federal level, Maine's state-level tribal delegates are established by state law rather than treaties.][ As of 2015, only the Passamaquoddy seat is filled; the other two Nations have chosen to currently not fill their seats in protest over issues of tribal sovereignty and rights.] The Wisconsin Legislature
The Wisconsin Legislature is the state legislature of the U.S. state of Wisconsin. The Legislature is a bicameral body composed of the upper house, Wisconsin State Senate, and the lower Wisconsin State Assembly, both of which have had Republica ...
, the Legislative Assembly of New Brunswick
A legislature is an assembly with the authority to make laws for a political entity such as a country or city. They are often contrasted with the executive and judicial powers of government.
Laws enacted by legislatures are usually known ...
in Canada
Canada is a country in North America. Its ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, covering over , making it the world's second-largest country by tot ...
, and the New Zealand Parliament
The New Zealand Parliament ( mi, Pāremata Aotearoa) is the unicameral legislature of New Zealand, consisting of the King of New Zealand ( King-in-Parliament) and the New Zealand House of Representatives. The King is usually represented by h ...
were allegedly reviewing Maine's indigenous delegate policy for their own adoption (though New Zealand had already established Māori electorates
In New Zealand politics, Māori electorates, colloquially known as the Māori seats, are a special category of electorate that give reserved positions to representatives of Māori in the New Zealand Parliament. Every area in New Zealand is ...
since 1867).[
There remain, however, untested questions about the validity of such delegates. If tribal citizens are represented in the House by both a voting member and a non-voting delegate, that might be seen as contrary to the principle of “]one person, one vote
"One man, one vote", or "one person, one vote", expresses the principle that individuals should have equal representation in voting. This slogan is used by advocates of political equality to refer to such electoral reforms as universal suffrage, ...
”. Disagreement on which federally recognized tribes would appoint the relevant delegate could also occur (e.g. the Choctaw delegate might represent only the Choctaw Nation of Oklahoma
The Choctaw Nation (Choctaw: ''Chahta Okla'') is a Native American territory covering about , occupying portions of southeastern Oklahoma in the United States. The Choctaw Nation is the third-largest federally recognized tribe in the United S ...
, say, or also the Mississippi Band of Choctaw Indians
The Mississippi Band of Choctaw Indians ( cho, Mississippi Chahta) is one of three federally recognized tribes of Choctaw Native Americans, and the only one in the state of Mississippi. On April 20, 1945, this tribe organized under the Indian R ...
; similarly with the Cherokee Nation and the United Keetoowah Band of Cherokee Indians
The United Keetoowah Band of Cherokee Indians in Oklahoma ( or , abbreviated United Keetoowah Band or UKB) is a federally recognized tribe of Cherokee Native Americans headquartered in Tahlequah, Oklahoma. According to the UKB website, its member ...
). In 2022, the Congressional Research Service
The Congressional Research Service (CRS) is a public policy research institute of the United States Congress. Operating within the Library of Congress, it works primarily and directly for members of Congress and their committees and staff on a c ...
published "Legal and Procedural Issues Related to Seating a Cherokee Nation Delegate in the House of Representatives", addressing these concerns and logistical issues.
On August 25, 2019, the Cherokee Nation formally announced its intention to appoint a delegate, nominating Kimberly Teehee
Kimberly Teehee (born October 13, 1968) is a Native American ( Cherokee Nation) attorney, politician, and activist on Native American issues. She is a Delegate-designate to the U.S. House of Representatives from the Cherokee Nation. She served ...
, the tribe's vice president of government relations, as its first delegate. According to the process used for other non-voting delegates, the House of Representatives must vote to formally admit Teehee. Some congressional leaders have expressed concerns about Teehee being appointed by a tribal government rather than elected by tribal members; Teehee has contended that, since the Cherokee Nation is a sovereign nation
A nation state is a political unit where the state and nation are congruent. It is a more precise concept than "country", since a country does not need to have a predominant ethnic group.
A nation, in the sense of a common ethnicity, may inc ...
, her appointment as a delegate should be viewed analogous to an ambassador
An ambassador is an official envoy, especially a high-ranking diplomat who represents a state and is usually accredited to another sovereign state or to an international organization as the resident representative of their own government or sov ...
ship. An ambassadorial view of Native delegates is consistent with prior history of Native envoys to Washington and Maine's state-level tribal delegates. Teehee's appointment to the House was not finalized in the 116th Congress and has been reported to have been delayed by the COVID-19 pandemic
The COVID-19 pandemic, also known as the coronavirus pandemic, is an ongoing global pandemic of coronavirus disease 2019 (COVID-19) caused by severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2). The novel virus was first identif ...
. Teehee remained unseated as of September 2022, when the Cherokee Nation government reiterated their insistence that Congress seat her.
Expanding (and contracting) voting rights
The positions of non-voting delegates are now a more or less permanent fixture of the House of Representatives, having been supported by Congressional legislation. However, this legislation stipulates that "...the right to vote in the committee shall be provided by the Rules of the House." Under Article I, Section 5 of the U.S. Constitution, the House establishes its operating rules, which allows a majority of the House to change the powers of delegates. Since the 1970s, delegates have served on Congressional committees with the same powers and privileges as members of Congress, including the right to cast votes, but since 1993 their ability to vote on the floor of the House has changed several times.
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
A committee of the whole is a meeting of a legislative or deliberative assembly using procedural rules that are based on those of a committee, except that in this case the committee includes all members of the assembly. As with other (standing) c ...
. 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 elections, and Republicans charged allowing delegates to vote would inflate Democratic vote totals. In 1995, this rule was swiftly reversed by the newly seated Republican majority in the 104th Congress
The 104th 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, D.C. from January 3, 19 ...
; stripping the delegates, all of whom caucused with the Democrats, of even non-decisive voting privileges. Upon re-gaining control of the House in January 2007, Democrats revived the 1993–1995 status for delegates during both the 110th and 111th Congresses. Republicans again objected, and after taking back control of the House in 2011, revoked the right of delegates to vote in the Committee of the Whole starting during the term of the 112th Congress. In 2019, Democrats took back control of the House and delegates have retained the right to vote in the Committee of the Whole since the 116th United States Congress
Current non-voting members of the U.S. House of Representatives
As of the 117th United States Congress
The 117th United States Congress is the current 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 convened in Washington, D.C., on ...
, the six non-voting delegates consist of four Democrats and two Republicans. Jenniffer González, of Puerto Rico, a member of the New Progressive Party in Puerto Rico, belongs nationally to the Republican Party.
See also
* Member of Congress
A Member of Congress (MOC) is a person who has been appointed or elected and inducted into an official body called a congress, typically to represent a particular constituency in a legislature. The term member of parliament (MP) is an equivalen ...
* Shadow congressperson
The posts of shadow United States senator and shadow United States representative are held by elected or appointed government officials from subnational polities of the United States that lack congressional vote. While these officials are not ...
* Maine Legislature
The Maine Legislature is the state legislature of the U.S. state of Maine. It is a bicameral body composed of the lower house Maine House of Representatives and the upper house Maine Senate. The Legislature convenes at the State House in Augus ...
: Maine House of Representatives ( Non-voting tribal delegates)
* American Samoa Fono
The American Samoa Fono is the territorial legislature of American Samoa. Like most states and territorial legislatures of the United States, it is a bicameral legislature with a House of Representatives and a Senate. The legislature is lo ...
: American Samoa House of Representatives ( Swains Island)
References
Further reading
*
External links
History and powers of DC's Delegate to Congress
{{U.S. congressional delegations
Delegates to the United States House of Representatives