Liberty Bell

 

Key Quotes

"[T]he people are the only legitimate fountain of power, and it is from them that the constitutional charter, under which the several branches of government hold their power, is derived." - Federalist No. 49

"We hold that, construed in its historical context, the command of Art. I § 2, that Representatives be chosen "by the People of the several States" means that as nearly as is practicable one man's vote in a congressional election is to be worth as much as another's." - Wesberry v. Sanders, 376 U.S. 1, 7-8 (1964).

"Equal representation for equal numbers of people is a principle designed to prevent debasement of voting power and diminution of access to elected representatives. Toleration of even small deviations detracts from these purposes. Therefore, the command of Art. I § 2, that States create congressional districts which provide equal representation for equal numbers of people permits only the limited population variances which are unavoidable despite a good-faith effort to achieve absolute equality, or for which justification is shown." - Kirkpatrick v. Preisler, 394 U.S. 526, 530-531 (1969)

"From the nature of man we may be sure, that those who have power in their hands will not give it up while they can retain it." - 1 Farrand at 578 (George Mason)

"It is a received and well-founded maxim...the greater the power is, the shorter ought to be its duration..." - Federalist No. 52

"Waters of Bitterness have flowed from unequal Representation." - James Wilson at the Constitutional Convention in 1787

"At the expiration of twenty-five years, according to the computed rate of increase, the number of representatives will amount to two hundred, and of fifty years, to four hundred. This is a number which, I presume, will put an end to all fears arising from the smallness of the body. I take for granted here what I shall, in answering the fourth objection, hereafter show, that the number of representatives will be augmented from time to time in the manner provided by the Constitution. On a contrary supposition, I should admit the objection to have very great weight indeed." - Federalist No. 55

"At present some of the States are little more than a society of husbandmen. Few of them have made much progress in those branches of industry which give a variety and complexity to the affairs of a nation. These, however, will in all of them be the fruits of a more advanced population, and will require, on the part of each State, a fuller representation. The foresight of the convention has accordingly taken care that the progress of population may be accompanied with a proper increase of the representative branch of the government." - Federalist No. 56

"Within every successive term of ten years a census of inhabitants is to be repeated. The unequivocal objects of these regulations are, first, to readjust, from time to time, the apportionment of representatives to the number of inhabitants, under the single exception that each State shall have one representative at least; secondly, to augment the number of representatives at the same periods, under the sole limitation that the whole number shall not exceed one for every thirty thousand inhabitants." - Federalist No. 57

What is the foundation and history of
REPRESENTATION in America?

Declaration Title

Quoting the Declaration of Independence..."We hold these truths to be self-evident, that all men are created equal..."

Have you ever asked yourself who the "We" is in this famous statement? The end of the Declaration tells us...

Declaration - Representatives

Quoting again from the Declaration...


"We, therefore, the Representatives of the united States of America, in General Congress, Assembled, appealing to the Supreme Judge of the world for the rectitude of our intentions, do, in the Name, and by Authority of the good People of these Colonies, solemnly publish and declare, That these United Colonies are, and of Right ought to be Free and Independent States..."

The birth of our country began with a document authored by REPRESENTATIVES!

 

Constitution Title

What's the most important part of the Constitution?

Article I

Section 1

Article I, Section 1 - "All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives."

The Framers defined in the very first Article and Section that Congress is the only body that could make laws for the American people. Within this legislative body, which part is discussed first?

Section 2

Article I, Section 2 - "The House of Representatives shall be composed of Members chosen every second Year by the People of the several States..."

The placement and structure of Article I makes a clear and profound point...the Constitution places its faith in the people's hands and NOT the federal government's hands.

Another key point about Article I is that it provides an equal balance between the people (the House of Representatives) and the states (the Senate). This was the essence of the Great Compromise that was reached at the end of the Constitutional Convention. The states are all treated equally in the Senate by virtue of each state receiving two senators, regardless of the size of the state. The House was the vehicle to give the people an equal voice across the country, and while the number of representatives from each state would therefore vary widely based on their population, the representation would remain proportional across all states.

 

For the first 130 years, the House of Representatives grew every decennial census (with one exception in 1840), in accordance with the Framers' intent as seen in Federalist No 57.

In 1910, the House grew to its present size of 435 members.

In 1920, due to a political stalemate, no reapportionment took place (a clear violation of the Constitution).

The Reapportionment Act of 1929 permanently froze the size of the House of Representatives at 435 members. While clearly out of step with the Framers' intent, the Constitution did not prohibit Congress from placing this ceiling on the House size.

Fast forward to the 1960s...Supreme Court case law in the 1960s clearly established the principle of "one person, one vote". Further cases in the 1970s and 80s clarified for everyone that there must be equal representation for equal numbers of people (see the Resources page for specific cases). As a result, the Courts require states to rigorously adhere to this standard (i.e., fractions of 1% of inequality is not tolerated), yet representation at the national level is severely unequal and unjust.

It's clear today that the Reapportionment Act of 1929 is unconstitutional from both a legal precedent and a Framers' intent perspective.

So why does the inequality continue to this day?

Who has taken up the cause to fight for equality and appropriate representation for all Americans?

  1. A few people have written about and analyzed the problem, but most Americans are unaware of the issue, let alone have thought about a potential solution.
  2. One congressman, Alcee Hastings (D-Florida), has attempted since 2001 to get the attention of his colleagues in Congress (see Mr. Hastings 2001 Letter and October 2009 Press Release), by introducing a bill to form a committee to discuss House expansion. Interestingly, his latest introduction of the bill, Congress 2014 Commission Act, occurred October 29,2009, and hasn't attracted any co-sponsors. Bottom Line...Congress is not interested in taking up this issue and reforming itself.
  3. This lawsuit is the first of its kind to bring the issue before the court to render a decision in light of the data and Supreme Court case precedent.