Third, courts have ruled for more than 200 years that constitutional provisions framed in terms of "states" can nonetheless be applied to the District. The original Constitution, for example, provided that direct taxes be apportioned among "the several states." Article I gives Congress authority to regulate commerce "among the several states." Article III gives federal courts authority to consider lawsuits "between citizens of different states."

If the word "states" necessarily excludes the District, then the District cannot be taxed, its commerce cannot be regulated and its residents may not sue in federal court. Instead of those absurd results, the courts have ruled that Congress can use its legislative authority over the District "in all cases whatsoever" to accomplish there what the Constitution accomplishes for states.

Some have suggested giving most of the District back to Maryland. While I agree that the idea has some appeal, it does not address Utah's need for a fourth House seat and is simply not going to happen. The 1846 retrocession of land to Virginia shows why. That effort was launched by District residents who wanted to return to Virginia and succeeded only when the Virginia Legislature concurred. Those residents had never felt a part of the District, either economically or culturally. Today, however, the District has become a unified jurisdiction and residents oppose retrocession by at least a three-to-one margin.

The retrocession bills introduced in the last 20 years prove the point. They each state that retrocession will occur only "after the State of Maryland enacts legislation accepting the retrocession." Maryland will not do so. Retrocession will not, and should not, be imposed upon citizens and states who oppose it. I find it odd that some who oppose Congress imposing upon Utah how it should elect a fourth House member want Congress to impose upon Maryland that it accept retrocession.

I think Utah would be best served to pursue constitutional legislation that is likely to become law and will, in fact, provide the fourth seat Utah deserves.

Orrin G. Hatch is Utah's senior senator.