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MAYOR FENTY VIOLATES DC CONSTITUTION


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MAYOR FENTY VIOLATES DC CONSTITUTION

 

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Each state has a constitution and DC’s constitution is its “Home Rule Act; Public Law 93-198; 87 Stat. 777; D.C. Code § 1-201”.

 

Mayor Adrian Fenty and members of the DC City Council who have voted to give Mayor Fenty control of the DC Public Schools are violating the DC’s constitution "Home Rule Act; Public Law 93-198; 87 Stat. 777; D.C. Code § 1-201".

 

Under DC's constitution, its “Home Rule Act; Public Law 93-198; 87 Stat. 777; D.C. Code § 1-201", the only way Mayor Fenty can obtain control of the DC Public Schools is by means of amending the Home Rule Act after the “Voters” have agreed to such an amending.

 

DC’s constitution “Home Rule Act; Public Law 93-198; 87 Stat. 777; D.C. Code § 1-201" is clear and reads as follows:

 

SEC. 303. [D.C. Code 1-205] (a) The charter set forth in title IV (including any provision of law amended by such title), except sections 401(a) and 421(a) [D.C. Code 1-221(a) and 1-241(a)], and part C of such title [Appendix to Title 11, D.C. code], may be amended by an act passed by the Council and ratified by a majority of the registered qualified electors of the District voting in the referendum held for such ratification. The Chairman of the Council shall submit all such acts to the Speaker of the House of Representatives and the President of the Senate on the day the Board of Elections and Ethics certifies that such act was ratified by a majority of the registered qualified electors voting thereon in such referendum.

 

( B ) An amendment to the charter ratified by the registered electors shall take effect upon the expiration of the 35-calendar-day period (excluding Saturdays, Sundays, holidays, and days on which either House of Congress is not in session) following the date such amendment was submitted to the Congress, or upon the date prescribed by such amendment, whichever is later, unless during such 35-day period, there has been enacted into law a joint resolution, in accordance with the procedures specified in section 604 of this act [D.C. Code 1-207], disapproving such amendment. In any case in which any such joint resolution disapproving such an amendment has, within such 35-day period, passed both Houses of Congress and has been transmitted to the President, such resolution, upon becoming law subsequent to the expiration of such 35-day period, shall be deemed to have repealed such amendment, as of the date such resolution becomes law.

 

( c ) The Board of Elections and Ethics shall prescribe such rules as are necessary with respect to the distribution and signing of petitions and the holding of elections for ratifying amendments to title IV of this Act [District Charter] according to the procedures specified in subsection (a) [of this section].

 

(d) The amending procedure provided in this section may not be used to enact any law or affect any law with respect to which the Council may not enact any act, resolution, or rule under the limitations specified in sections 601, 602, and 603 [D.C. Code 1-206, 1-233, and 47-313].

 

Suffice it to say, Mayor Adrian Fenty and all members of the DC City Council except Carol Schwartz and Phil Mendelsohn are in violation of DC’s constitution, its “Home Rule Act; Public Law 93-198; 87 Stat. 777; D.C. Code § 1-201", and if they will trample over the voters' rights on this issue, what other rights will they take away without a blink of an eye.

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