Since certain vocal factions are interested in scrutinizing the homes of American citizens, perhaps we should consider the domestic arrangements of our lawmakers. Serving in Congress is an expensive proposition. Many members of Congress find that they have to maintain two separate homes — the first in their home state, the other near the Capitol. Congress is in session so much, it only makes sense to set up housekeeping in or around DC.
But the cost of living around DC can be quite high. Members of Congress have to find ways to save money wherever they can. One way they’ve found is to take advantage of a loophole in Maryland’s property tax and claim the “homestead” exception — a rule that lets one save on property taxes by declaring a home their “primary” residence. This lets them avoid the higher rates on second homes.
What defines a “primary” residence? Well, it’s the place where you spend most of your time living, the address you list for voting, driver’s license, and other official purposes. In recent years, several members of Congress have used this to economize — Representative Pete Stark (D-CA), Representative Eliot Engel (D-NY), and former Senator Tom Daschle (D-SD) all tried this. And Senator Ted Kennedy (D-MA) was among 22 Senators caught in 2005 trying to declare his Washington, DC home as his primary residence.
In most years, these homes are where these people spend the majority of their time. What’s the problem?
The Constitution of the United States.
On paper, the requirements for Congress are deceptively simple: to qualify as a Representative or Senator, one must be elected, be a certain age (25 for the House, 30 for the Senate), and — here’s the killer — be a resident of the state or district they represent. (Article I, Sections 2 and 3).
The instant these worthies all declared their primary residence outside of their home states, they disqualified themselves from office.
However, none of these worthies ever faced the true price for their error — loss of their seat. Instead, they were allowed to “amend” their tax filings and pay the difference, along with a penalty.
What would it take for some member of Congress to begin the expulsion process for those who resort to such chicanery to avoid paying “their fair share” of taxes? Why aren’t these tax cheats treated with the type of scorn and contempt heaped on, say, the executives of AIG?
Gee, couldn’t be because they have the right letter after their title, could it?
Nah.
