Why do we have delegates in Congress from U.S. territories if they can't vote? Why is one called a resident commissioner and the rest delegates? Hampton, Virginia
Voting may arguably be the most important task performed by a Member of Congress, but
it is certainly not the only one. The four delegates (Guam, Samoa, Virgin Islands,
District of Columbia) and one resident commissioner (Puerto Rico) do everything any
Member does, except vote on the floor.
The five non-voting representatives are assigned to House committees, may accrue
seniority and become chairmen, may question witnesses, debate, offer amendments and vote in
committee. They may also be appointed as conferees and negotiate with the Senate in conference
over the important final text of legislation. The five are also free to debate on the House floor and
to offer floor amendments.
Second, the non-voting representatives also serve their constituents as intermediaries to the federal
government. As do all Members, they obtain information for them; answer a wide range of
questions about federal programs; mediate bureaucratic problems with red-tape; and scout out
federal grants and benefits for eligible individuals and institutions at home.
The delegates serve two-year terms; however the resident commissioner is elected for a
term of four years. All of them receive the same salary, staff, office, and benefits as do other
Members. By acts of Congress, their specific legislative rights have been variously extended and restricted over
the years.
Non-voting delegates to Congress were authorized by the Continental Congress in the
"Ordinance of 1784." The Ordinance provided for the political organization of territories outside of
the original thirteen states and authorized territories to keep a Member in Congress, with a right
of debating, but not of voting. In 1787, these provisions were reiterated in the "Northwest Ordinance." In 1789, the First Congress enacted the provisions of the Northwest Ordinance into law. The position of territorial delegate has existed since
then.
The distinction between delegate and resident commissioner has to do with whether or not the territory they represent is "incorporated" or "unincorporated." Territories that were incorporated were deemed to be less likely to become states and those that were unincorporated -- their status was open and undetermined -- held open the possibility of becoming a state. The position of "resident commissioner" was created by Congress for the representative from a territory with an undetermined status, with the possibility of statehood.