The problem of Congressional representation for the District of Columbia

Under the logic of "better late than never," for your reading pleasure, here is my long-delayed essay on:

• The problem of Congressional representation for the District of Columbia

In summary, I argue that there is little support for the argument advanced by such luminaries as Viet Dinh and Kenneth Starr that Congress has the authority to grant voting representation in Congress to the District of Columbia qua the Federal District, and that the best way (indeed, in practical terms, the only way) for Congress to remedy the admitted inequity of a city with a greater population than Wyoming is the proven solution of retrocession.

This is one of two essays that are practically finished but that I've been sitting on for quite a while (virtually all of this one was written in October, apart from some finishing touches added over the course of the last two days). The other one - discussing the role of foreign law in U.S. adjudication - is, God help us all, even longer (the working draft is 36 pages); I'm holding that back pending comments by a handful of people that I've circulated it to by email (anyone else who wants a preview, drop me a line). [UPDATE: this eventually emerged here.]

Suggestions, opinion and criticism are, as ever, welcomed by email or in the comments.

Update: the saga continues depressingly in parts II, III and IV. [And V. sjd, 2/27/2009]