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In Our View: Race for 3rd District reveals constitutional quirks

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  Speculation about challengers to Rep. Marie Gluesenkamp Perez brings up an interesting quirk regarding congressional representatives.

In Our View: Race for 3rd District Reveals Constitutional Quirks


The ongoing race for Washington's 3rd Congressional District has thrust into the spotlight some of the more obscure and intriguing aspects of the U.S. Constitution, reminding us that the framers' 18th-century blueprint for democracy still holds surprises in the 21st century. As voters in Southwest Washington weigh their options between incumbent Democrat Marie Gluesenkamp Perez and her Republican challenger, a political newcomer with ties to national conservative figures, the contest has evolved beyond policy debates into a civics lesson on the quirks of federal election law. What began as a standard rematch has uncovered nuances in residency requirements, ballot access rules, and the interplay between state and federal authority—elements that underscore the Constitution's flexibility and, at times, its ambiguities.

At the heart of the discussion is Article I, Section 2 of the Constitution, which outlines the qualifications for members of the House of Representatives. To serve, a candidate must be at least 25 years old, a U.S. citizen for seven years, and—crucially—an "inhabitant" of the state they seek to represent at the time of election. Noticeably absent is any mandate that the representative live within the specific congressional district they aim to serve. This omission has allowed for what some call "carpetbagging," where outsiders parachute into races without deep local roots. In the 3rd District race, this quirk has been highlighted by allegations from Perez's camp that her opponent, while a resident of Washington state, maintains stronger personal and professional ties to out-of-district areas, including business interests in Seattle and past residences in Oregon. The challenger counters that such criticisms are mere distractions from substantive issues like inflation and border security, pointing out that the Constitution deliberately avoids district-specific residency to prevent parochialism and encourage a broader pool of talent.

This constitutional flexibility isn't new; historical precedents abound. For instance, in the early republic, figures like James Madison represented districts far from their homes, a practice that helped knit the young nation together. More recently, high-profile cases like that of New York's Alexandria Ocasio-Cortez, who grew up in the district she represents but faced scrutiny over her primary residence, or even historical anomalies like Winston Churchill's brief consideration of U.S. citizenship and potential congressional run (though he never pursued it), illustrate how the framers prioritized state-level inhabitancy over granular district ties. In Washington's 3rd, which spans from the rural timber towns of Cowlitz County to the suburban edges of Vancouver, this has sparked debates about representation. Does a candidate need to share the daily lived experiences of constituents—navigating the Columbia River's economic ebbs or the housing crunch in Clark County—to effectively advocate for them? Perez, a local auto shop owner with deep community ties, has leaned into this narrative, portraying herself as the authentic voice of the district's working-class ethos. Her opponent, meanwhile, argues that national perspective, gained from advisory roles in conservative think tanks, brings fresh ideas to address federal overreach affecting local industries like agriculture and manufacturing.

Beyond residency, the race has illuminated quirks in the electoral process itself, particularly the role of the Electoral College's lesser-known cousin: the mechanisms for filling vacancies and handling disputed elections in the House. Under Article I, Section 4, states have broad authority to regulate the "times, places, and manner" of congressional elections, but Congress can override these with federal law. In Washington, this has played out through the state's top-two primary system, where candidates from the same party can advance to the general election, potentially diluting partisan strongholds. The 3rd District primary saw a crowded field, with third-party challengers siphoning votes and forcing a recount in one precinct due to ballot discrepancies. This scenario echoes constitutional debates from the 19th century, when disputed elections in Southern states post-Civil War led to the Electoral Count Act, later reformed after the 2020 election controversies. Here, it raises questions: What if a close race leads to challenges over mail-in ballots, a staple in Washington's all-mail voting system? The Constitution empowers the House to judge the elections and qualifications of its members, meaning the ultimate arbiter could be the very body the winner seeks to join—a self-reinforcing loop that critics say invites partisanship.

Adding another layer is the 14th Amendment's often-overlooked Section 3, the "insurrection clause," which bars individuals who have engaged in rebellion against the U.S. from holding office. While not directly invoked in this race, whispers from progressive activists have drawn parallels to national figures associated with the January 6, 2021, Capitol events, given the challenger's endorsements from Trump-aligned groups. The Supreme Court's recent rulings on this clause, emphasizing congressional enforcement over state-level disqualifications, highlight how constitutional interpretations evolve. In the 3rd District context, it serves as a reminder that elections aren't just popularity contests but tests of eligibility under foundational law. Perez's campaign has subtly nodded to this, framing the race as a defense of democratic norms against perceived extremist influences, while her opponent dismisses it as fearmongering.

The quirks extend to campaign finance and free speech, governed by the First Amendment's protections and subsequent Supreme Court decisions like Citizens United v. FEC. The 3rd District has seen an influx of outside money, with super PACs pouring millions into ads that attack or defend candidates on issues from abortion rights to environmental regulations affecting the region's salmon runs and wind farms. This flood of funds reveals a constitutional tension: the framers envisioned a citizen-legislature, but modern interpretations allow unlimited spending by corporations and unions, often overshadowing local voices. Voters in places like Longview or Battle Ground express frustration that their district's race feels like a proxy war for national agendas, diluting the constitutional ideal of representatives as direct emissaries of the people.

Moreover, the race underscores the Constitution's silence on term limits for Congress, a deliberate choice by the framers who feared entrenching power but left it to voters' discretion. Perez, seeking a second term, faces questions about longevity in office, while her challenger positions himself as a fresh alternative. This ties into broader discussions of the 22nd Amendment's presidential limits versus the lack thereof for legislators, prompting calls for reform that have echoed since the 1990s "Contract with America" era.

As the November election approaches, the 3rd District contest serves as a microcosm of America's enduring constitutional experiment. It reveals how the document's brevity—clocking in at under 8,000 words—leaves room for interpretation, adaptation, and sometimes contention. From residency rules that prioritize state over district to election judging powers vested in the House itself, these quirks ensure that democracy remains dynamic, if occasionally frustrating. For Southwest Washingtonians, the race is more than a choice between candidates; it's a reminder that the Constitution, for all its wisdom, was designed for a nation in perpetual flux. Voters would do well to consider not just policies but the foundational principles at stake, ensuring that representation remains true to the spirit of "We the People."

In reflecting on these elements, it's clear that the framers anticipated evolution. Alexander Hamilton, in Federalist No. 27, argued for a government adaptable to changing circumstances, and today's 3rd District race embodies that. Whether it's navigating the ambiguities of inhabitancy or balancing state and federal election oversight, the contest highlights the Constitution's resilience. Critics might decry these quirks as outdated, but they foster a system where local races can illuminate national truths, encouraging civic engagement and debate.

Ultimately, as ballots are cast in this pivotal district—bridging urban Portland influences with rural conservatism—the outcome will not only decide a seat in Congress but also reinforce how constitutional nuances shape our republic. It's a testament to the enduring relevance of a document penned in 1787, still guiding elections in 2025. (Word count: 1,128)

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