The Fourteenth Amendment, Section 2, says that if any state abridges the right to vote “in any way”, it should lose seats in the U.S. House in proportion to the number of voters whose voting rights have been injured. This powerful provision has never been enforced.
A lawsuit is pending in U.S. District Court in Washington, D.C., that would require the Census Bureau to enforce the provision. The Census Bureau is responsible for calculating how many seats in the U.S. House each state is entitled to, after every census. The case is Citizens for Constitutional Integrity v Census Bureau, 1:21cv-3045. Here is the amended complaint filed March 21, 2022. Thanks to Michael Drucker for this news. Three judges have been assigned to the case.
To item 26, the lawyer does realize 18-year-olds at the time of the passage of the 14th amendment were ineligible to vote correct? So the amendment authors did not literally write that formula.
Since it removes 3 seats from California I expect this to be dismissed quickly.
Blatant red commie UNCON counting of foreign INVADERS in the 2020 Census–
part of the master plot of red commie donkeys to take over the USA.
—
How many fascist elephant regimes want to secede from the commie donkey regimes ???
I question the standing of the defendant in this suit. The plaintiff’s grievance is stated thus: “Removing representative seats has diluted their votes by leaving them to compete with more people for their members’ time and attention.”
But would this not also be the grievance in states where respectively burgeoning population growth occurs?
To me, this suit illustrates the classic distinction between symptom versus cause. The plaintiff stands the symptom (i.e the Census Bureau) in its complaint. But is the cause (reduction of representation) not elsewhere? [e.g. 2 U.S.C. United States Code Title 2].
The Reapportionment Act of Aug. 8, 1911, ch. 5, §§1, 2, 37 Stat. 13, 14, fixed composition of the US House at 435, members to be apportioned to the States enumerated. As often the case, the 1911 act was was amended by the so-called Permanent Reapportionment Act of 1929 (ch. 28, 46 Stat. 21, 2 U.S.C. § 2a). It is important to note that the 1929 Act neither repealed nor restated requirements of previous apportionment acts. So, 435 is the total.
But isn’t this exactly where the problem of representative dilution occurs? In 1910 the US population was 92.2 million. In 2020 the US population is 395.5 million…3.5X as large as the conditions in 1910. The average number of people represented in each House seat is now well over 747,000. So it is impossible to achieve what the plaintiffs seek–absent a legal game of hot potato or musical chairs perhaps.
The House will never adequately represent anybody until the composition is expanded beyond that 435…the actual cause of the plaintiff’s injury. Personally, I favor the so-called “Wyoming Rule” (use the least populated State as the basis for House total. That would expand the total members to about 550…and more importantly come closer to providing one citizen one vote.
Shut up asshole.
Gerrymander hacks too evil corrupt/stupid to have DIRECT mention of 435 USA Reps in a USA law.
2020 census pop (with millions of illegal INVADERS counted illegally) – about 330 million.
Estimates based on whatever junk science — about 11 million illegal INVADERS.
Perverted rehash of 14-2 in 2 US code sec. 6 —
Congress gerrymander oligarch hacks LOVE perverting USA constitution text in laws / treaties —
pending bill to pervert 12 Amdt.
Using the “Wyoming Rule” to recompose the US House:
The legal basis is equal protection (5th & 14th amendments), which requires that each person be treated equally in their voting power. The relevant Supreme Court case is Reynolds v. Sims, 377 U.S. 533 (1964).
Dividing current state populations by the population of Wyoming (At-Large US Representative district totaling 581348), yields 576 members in the US House. An issue might be made in rounding of numbers perhaps. But the accepted convention is to round totals up when a remainder is +0.5 decimals.
Aggregate representation in a 576 member House is roughly at equilibrium with the current 435 member scheme. It’s not radical in other words. (A 576 member House determined by the least District population shows a negligible increase in the people’s representation in Congress of about 0.13% over the current 435 member model.)
The difference is in the distribution, however. For example California, currently with 53 seats, would be assigned 69 seats under the Wyoming Rule in a 576 member House. However, its net “influence” in the recomposed 576 member House would actually decline–from its current 12.18% “control” to 11.94% under the new configuration. Several states would lose similar negligible House “control”–e.g. New York, Pennsylvania and Illinois (the largest loser).
States gaining net representation in a recomposed House, however, would be Texas (largest gainer), Florida, North Carolina. In general, states considered to be “conservative” would benefit vis-à-vis states though of as “liberal” in this re-composition. Further, the net effect vis-à-vis gerrymandering would be significantly lessened. Disfranchisement would be more difficult to effect.
Anyhow, this is the sort of stuff 3rd party people ought to be providing the electorate, instead of the vile obscenities spewing forth from the Trumpetistas with their whopping IQs at all of 39…and that even without refrigeration.
Usually it’s the people who are unable to express their thoughts in a clear and succinct manner who have the lower IQs.
A general comment to Mr. Winger and his retinue (or rather menagerie) of demonstrable Mensa candidates hereon, with their Legion of phony monikers used to hide their own insufficiency.
I do understand these boys struggle with complete sentences. And multi-syllable words are far beyond their ken. Given their inherent mental incapacity, it’s no wonder common public decency is far from them. Whether these low digits can ever be potty trained is doubtful. Still, I encourage you to continue to try.
That said, their disturbed fixation upon the nether regions of their deformed existences is inexplicable, considering an audience hereon that very likely includes youth. It is not exactly amenable to good mentoring.
@FW,
The problem with the so called Wyoming Rule is that it would at other times been known as the Delaware Rule or Nevada Rule. When it was the Nevada Rule it would have produced a House of over 1200 members.
Better is to use temporal apportionment. If a State was entitled to 12.4 representatives, give them 12 representatives for three terms of a decade, and 13 representaives the other two, for an average of 12.4.
LMAO. Sounds like the abortionist Floyd Whitley has been triggered. Maybe he can send an email to Richard and demand for the removal of the comments that hurt his delicate sensibilities as he has done in the past.
How can it be determined whether or not the right to vote of a male citizen over the age of 21 has NOT been denied or abridged in any way?
USA H Reps became a mob scene in 1873 —
ex-slave States gained a higher percent of seats due to old slave = 3/5 person, freed slave = 1 person —
at the real cost of 750,000 DEAD in 1861-1866.
Result – size increase so no N/W State lost seats.
—–
Simple PR — Total Votes / Total Members = EQUAL votes to elect each member.
highest surplus votes down – repeat
lowest loser votes up – repeat
Cut total size to 201 max.
LIMITED USA regime legislative powers.
@ Riley
“The problem with the so called Wyoming Rule is that it would at other times been known as the Delaware Rule or Nevada Rule.N
The divisor can change, yes. However, it would never be the Nevada Rule (which is a multi US District state, and would unlikely ever be the Delaware Rule (a dual District state).
The reason what you suggest would never come to be is because this is based on using an At-Large representative district…a single district covering a single state. So, it might could be South Dakota Rule, North Dakota Rule, and so forth. Not Nevada.
That At-Large divisor, incidentally would be used as the Constitution’s mandated census intended, every 10 or certainly 20 years to re-balance the House. I am uncertain why that would be a problem versus having a fixed number that has not changed in over 110 years, and is woefully inadequate for representation.
@ Riley
Actually, if Wyoming grows to no longer be the least populated state in the Union, I should have mentioned it would become the Vermont Rule (pop. 646,545), certainly before North Dakota (800,394) and South Dakota (901,165).
I do not include Alaska in these At-Large districts since I am of the opinion that it will become far more peopled over the next four or five decades relative to other at large states. Its population is presently about 738,023.
I just don’t see the likelihood over the next thirty years or so of Wyoming not remaining the least populated At-Large district.
My mistake. Delaware is single district.
Under the Wyoming Rule however, Delaware would have 2 Representatives in a 576 member House.
Wow. It sounds like you can’t even tell the difference between YOUR ASS and a hole in the ground.
I am dimly aware that many, if not most people, have a strong desire to express themselves. I tend to believe that it is good for people to express themselves, generally, because anything that gives people satisfaction, with hurting anyone else, is desirable. Independent Political Report recently censored my comments, and I sure didn’t like that, so that gives me empathy for others who also don’t want to be blocked from commenting.
But Richard Winger, you censor people too. I’ve seen it.
I know nothing of Independent Political Report recently censoring your comments.
You say, “I sure didn’t like that.” The real question is, did your comments merit censoring?
I’ll even take the corollary of that. Do incessant obscene comments hereupon made by your menagerie merit posting?
Which of the sophomoric obscenities posted on a daily basis to BAN contribute to discussion of ballot access? Or specifically, which pertain to the lawsuit regarding competing for representation as cited as this thread’s subject? Have the far right fanatic freaks forwarded any actual information thereto? Or do they merely traffic in more filth?
Does this country need anymore of those types of attacks, about which you have empathy, and therefore a willingness to post such vulgarities? Do they benefit your reputation?
Fine. Far be it from me to interfere with acolyte groupies and their Trumpicana Orange Douche. May they have their fill.
You post vulgarities as well and did so above. The difference is, as someone else said, you post long drawn out comments when something much shorter could be said. You are wasting readers’ time.
Yeah. I mean why use multi-syllable words when invective grunts and chest thumping convey so much deep meaning? And forget about its expressions of nuance.
Look, I refuse to surrender the beauty and depth of the English language to demands of the shallow attention deficits masquerading as if they were bonafide Einsteins simply because they can cut and past and then parrot the latest social meme. Yea, that’s easy. Somebody else thinks for you…or so goes the promise.
I write to explore vocabulary. To use it. Those who don’t (the grunt Trumper Thumpers such as yourself) bemoan a lost heritage and a dying culture. Aye? Is it so?
Yet if you allow the details and richness of the English language and its many tens of thousands of words to die off through lack of use, you yourself do more to kill off the American nation and its culture than ever a Biden could do.
Besides, can progress be gotten by reaching ever downward to lower and lower standards? That has passed for too long. How about reaching up instead?
The problem isn’t the size of the words. It’s the excessive number of words used. A good writer is one who is straightforward and makes every word count, like Hemingway.
TOTAL ELECTION ROT IN THE USA SINCE 1776
— REFORMS — AUG 2022
1. UNEQUAL ballot access laws — equal ballot access.
2. ANTI-Democracy minority rule gerrymanders / at large systems — Proportional Representation [PR]
1/2 or less votes x 1/2 rigged packed / cracked gerrymander areas = 1/4 or less control = oligarchy — with monarch TYRANT *leaders*.
Both at large and district systems can/do deny 49.9 pct minorities any real representation.
5 DISTRICTS EXAMPLE
ONE PARTY SAFE CONTROL
DT A Z TOT
1 56 45 101 CRACKED
2 55 46 101 CRACKED
3 54 47 101 CRACKED
4 20 81 101 PACKED
5 17 84 101 PACKED
– 202 303 505 TOT
– *40.0 60.0 100.0 PCT
165 3 A WIN = *32.7 PCT
3 A BARE WIN VOTES – 46+47+48 = 141 = *27.9 PCT
* ANTI-DEMOCRACY MINORITY RULE PCTS
DEMOCRACY SUBVERTED — USA Const 4-4 RFG and 14-1 AMDT EP Cl violations.
SIMPLE PR —
TOTAL VOTES / TOTAL MEMBERS = EQUAL VOTES TO ELECT EACH MEMBER.
BOTH majority rule and minority representation.
3. EXTREMIST caucuses, primaries and conventions
— est. 5-12 pct REAL control.
— NOOO caucuses, primaries and conventions.
4. PARTISAN hack execs / judics — NONPARTISAN execs / judics.
5. Many F-A-T-A-L TYRANT violations of Separation of Powers (SOP) — TOTAL SOP.
LAST HOPE –
18 States with voter petitions for State Const Amdts.
http://www.iandrinstitute.org/states.cfm
— very minor hope via courts.
—
How many words ???
Hemingway? Was not a good writer. Formulaic and forced at best. It was stale before the sun even rose.
Indeed, the reality of his own lack of skill, his inherent weakness and the phony baloney pretenses of avant-garde “manliness” which he desperately tried to maintain and yet ultimately failed miserably to achieve (much like the Tangerine Tantrum Trump has) ended up with him putting a shotgun in his mouth and pulling the trigger.
Why would anyone want to emulate him?
And the worse joke is that you want to hide your own phony baloney under the guise of anonymity in a cascade of monikers each of which have nothing of merit to say, other than the giggly delight you (that’s also plural) take in writing dirty words here. You live a voyeuristic existence. I guess that’s the fate of all erstwhile insurrectionists who self declare themselves patriots. Heroes, until they aren’t.
I will give Hemingway at least one credit. He got the order of his shooting correct, instead of like the deformed mass shooter whiny boys and wanna-be studs today that just ain’t got the wood for it. Maybe the bunch of you should follow Hemingway’s example. Pretend, right up to the fall of the firing pin.
Hemingway – one more casualty of WW I — Italian Front.
Floyd Whitney recently had a convention where two people showed up, and one of them was falling asleep. The paper covered it.
@FW,
You are looking at it from a current perspective. But we need to see how your scheme would have worked in the past.
JR 440 PM-
SEE THE SENATE DEBATE IN 1866 ABOUT 14-2 AMDT.
SUPER USELESS L-A-Z-Y CONST LAW SO-CALLED LAWYERS
— ESP GOVT ELECTION LAW SO-CALLED LAWYERS AND ARMIES OF EVEN WORSE LAW SKOOOOL PROFS.
POSITIVE DEFINITION OF ELECTOR-VOTER IN ALL FED/STATE/LOCAL ELECTIONS —
USA CITIZEN, 18 PLUS YEARS OLD, REGISTER BY 35 DAYS BEFORE ELECTION DAY. PERIOD.
NOOOO MENTAL, CRIMINAL, ETC ***NEGATIVE*** STUFF.
REPEAL ALL THE NEGATIVE STUFF
14-2
15
19
24
26
—–
IE – UNIFORM ELECTORS IN ALL STATES AND COLONIES.
NOOO ROTTED GAMING THE SYSTEM BY MOVING AROUND, ETC.