#21: CIVICS 101: The Legislative Branch
Q&A #21: What is a Delegate or Resident Commissioner, as distinguished from a Representative?
Our American Government
Our American Government is a small book published by the House of Representatives for citizens and those who seek a greater understanding of the American interpretation of democracy. It follows a question-and-answer format and covers a broad range of topics dealing with the three branches of our Government, the electoral process, and the role of political parties.
The Savvy Citizen is reproducing the 169 questions-and-answers through a series of posts called Civics 101. Each post will contain the Q&A as well as some additional commentary to add historical context, fun facts, or anything we believe will add to our collective understanding of these topics.
Think of it as your adult Civics class, but without the test!
Let’s keep at it.
SECTION: The Legislative Branch: The Congress
Members, Offices, and Staff
Q&A #21: What is a Delegate or Resident Commissioner, as distinguished from a Representative?
The office of Delegate was established by ordinance from the Continental Congress (1774-89) and confirmed by a law of Congress. From the beginning of the Republic, accordingly, the House of Representatives has admitted Delegates from Territories of districts organized by law. Delegates and Resident Commissioners may participate in House debate but they are not permitted to vote on the floor. All serve on committees of the House and possess powers and privileges equal to other Members in committee, including the right to vote in committee. Currently, there are four Delegates in the House and one Resident Commissioner [as of 2003].
My Thoughts
The four Delegates represent the four permanently inhabited U.S. territories:
American Samoa
Guam
Norther Mariana Islands
U.S. Virgin Islands
The Resident Commissioner represents Puerto Rico.
What about the District of Columbia?
While the District of Columbia is technically a federal district, as opposed to a territory, it is represented in Congress via a single Delegate, currently Eleanor Holmes Norton, who has been in office since 1991.
A federal district is geographic area where a United States federal court operates; a territory is a region under U.S. jurisdiction that isn’t considered a full state and has its own separate court system known as a “territorial court.” Federal districts are fully integrated into the U.S. legal system and have full legal standing in the federal courts. Federal district judges are appointed for life under Article III of the Constitution (these are colloquially referred to as Article III Courts). Territories, on the other hand, are not fully integrated into the legal system and tend to have more legal autonomy than a state. Territorial court judges are appointed under Article IV and generally have shorter terms.
I would guess that most Americans are unfamiliar with the offices of Delegate and Resident Commissioner, but they’re equally as important given that their inhabitants are U.S. Citizens, except for American Samoans, who are U.S. nationals, but not citizens. This is a decision driven by the Samoans themselves, not the United States. Whether this bifurcates status should continue is being actively litigated in the courts today.
Nationality and citizenship are different.
Nationality provides people in a territory with legal membership in a separate nation, i.e. the United States, but it doesn’t confer the full rights or responsibilities of citizenship. U.S. nationals may reside in the United States and gain entrance without a visa, but they remain subject to the Constitution and laws of their territory.
Citizenship, on the other hand, is a comprehensive relationship between a government and the governed, including the rights and responsibilities they owe to each other.
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Back next time with Q&A #22: What oath of office is required for Members of Congress, and when is it administered?
Meanwhile, don’t forget that we’re organizing the post links on a single page available here.
xo,
Kelley for the Savvy Citizen Team
November 20, 2024