Progressing the Constitution: One Man, One Vote II

(cont. from part I) If the 14th Amendment demands adherence to one-man-one-vote, the electoral college and US Senate operate in clear violation. Why didn’t scotus demand US Senate membership according to population? Because, unlike amending the constitutions of fifty defenseless states, the US Congress has the power to visit unremitting hell on a Supreme Court that pulled such a stunt.

From the decision, “The superficial resemblance between one of the Alabama apportionment plans and the legislative representation scheme of the Federal Congress affords no proper basis for sustaining that plan since the historical circumstances which gave rise to the congressional system of representation, arising out of compromise among sovereign States, are unique and without relevance to the allocation of seats in state legislatures.”

IOW, just because the 1787 US Constitution kept the democratic element in check in order to better secure liberty, it was no reason for the states to attempt the same. Social Justice via the 14th Amendment began long ago.

The results have been disastrous, in which big metropolitan areas represent distinct factions that exercise majoritarian control over all other interests across their states. Since One Man, One Vote has been carved into judicial stone, we can expect the damage to continue until the states destroy themselves and their society in bankruptcy.

The Federalist 43. From the US Constitution Article IV § 4, the federal government is charged with protecting the states:

Here, in recognition that self-defense is the reason society comes together to form a governing compact in the first place, the new government was charged with defense of its member republics and people from three threats. The first threat is from non-republican government; only republican forms can secure liberty. Republican forms of government are characterized by the rule of law, popular consent, and no monarchy or aristocracy. Madison wrote that “as long as the existing republican forms are continued by the states, they are guaranteed by the federal Constitution.” The only restriction is that they shall not exchange republican for anti-republican Constitutions.

Reynolds obliterated the societal right of the people to design their particular, yet republican, state governments.

For the majority, Chief Justice Earl Warren wrote, “A prime reason for bicameralism, modernly considered, is to insure mature and deliberate consideration of, and to prevent precipitate action on, proposed legislative measures. Simply because the controlling criterion for apportioning representation is required to be the same in both houses does not mean that there will be no differences in the composition and complexion of the two bodies.” Warren substituted his theory of political science for those expressed in fifty state constitutions backed up by three hundred years of experience. This is the Utopian Left. This is tyranny.

Associate Justice Harlan dissented. The majority’s use of the 14th Amendment was in error, and the majority opinion had “the effect of placing basic aspects of state political systems under the pervasive overlordship of the federal judiciary.” Had the Court paused to probe more deeply into the matter, it would have found that the Equal Protection Clause was never intended to inhibit the states in choosing any democratic method they pleased for the apportionment of their legislatures.

Justice Harlan accused the court of amending the Constitution: “Since it can, I think, be shown beyond doubt that state legislative apportionments, as such, are wholly free of constitutional limitations, save such as may be imposed by the Republican Form of Government Clause, the Court's action now bringing them within the purview of the Fourteenth Amendment amounts to nothing less than an exercise of the amending power by this Court.” Furthermore, Justice Harlan found the plaintiffs’ complaints to be without merit. He would have thrown them out.

In the larger picture beyond Reynolds, the purpose of voting, along with the just purposes of any government have been largely forgotten. Rather than carefully consider the effect of an ever-expanding popular/democratic element, voting has devolved in the US into a right unto itself. The Left has so corrupted the nation that most people believe they have a God-given right to vote for senators and presidents. No, we are to have security in our unalienable rights and to live under laws enacted with our consent. The Left’s never ending expansion of the democratic element began with the 17th Amendment, and got a big boost from Reynolds v. Sims. Today, we see its continuance through widespread voting by non-citizens, the National Popular Vote movement, and opposition to proof of identity at polling places.

I didn’t write this blog in the hope that a future scotus would overturn Reynolds. Even if all of Mark Levin’s Liberty Amendments are ratified, the rot of one-man-one-vote may be too engrained in our national psyche to be overturned by three-fifths of the states.

The lesson of Reynolds, Roe, Obergefell and so many others is that an unchecked Leftist Supreme Court, once set free to Progress the Constitution, does enormous and perhaps irreversible damage to our nation and society. If our once free republic is to restored, the destructive Left must be denied future seats on the federal bench.

We are the many; our oppressors are the few. Be proactive. Be a Re-Founder. Join Convention of States. Sign the COS Petition.

Thanks for your OUTSTANDING work, education, effort and commentary, Jacquerie. The federal totalitarians/collectivists - the check$ and balance$ bull$@i!!*#$ - have rendered us insignificant/expendable//divisible/deplorable. They continue to run roughshod over the republic. ZERO representation.

The most important question that was ever proposed to your decision, or to the decision of any people under heaven, is before you, and you are to decide upon it by men of your own election, chosen specially for this purpose. If the constitution, offered to your acceptance, be a wise one, calculated to preserve the invaluable blessings of liberty, to secure the inestimable rights of mankind, and promote human happiness, then, if you accept it, you will lay a lasting foundation of happiness for millions yet unborn; generations to come will rise up and call you blessed. You may rejoice in the prospects of this vast extended continent becoming filled with freemen, who will assert the dignity of human nature. You may solace yourselves with the idea, that society, in this favoured land, will fast advance to the highest point of perfection; the human mind will expand in knowledge and virtue, and the golden age be, in some measure, realised. But if, on the other hand, this form of government contains principles that will lead to the subversion of liberty — if it tends to establish a despotism, or, what is worse, a tyrannic aristocracy; then, if you adopt it, this only remaining assylum for liberty will be shut up, and posterity will execrate your memory.

Momentous then is the question you have to determine, and you are called upon by every motive which should influence a noble and virtuous mind, to examine it well, and to make up a wise judgment. It is insisted, indeed, that this constitution must be received, be it ever so imperfect. If it has its defects, it is said, they can be best amended when they are experienced. But remember, when the people once part with power, they can seldom or never resume it again but by force. Many instances can be produced in which the people have voluntarily increased the powers of their rulers; but few, if any, in which rulers have willingly abridged their authority. This is a sufficient reason to induce you to be careful, in the first instance, how you deposit the powers of government.

So far therefore as its powers reach, all ideas of confederation are given up and lost. It is true this government is limited to certain objects, or to speak more properly, some small degree of power is still left to the states, but a little attention to the powers vested in the general government, will convince every candid man, that if it is capable of being executed, all that is reserved for the individual states must very soon be annihilated, except so far as they are barely necessary to the organization of the general government. The powers of the general legislature extend to every case that is of the least importance — there is nothing valuable to human nature, nothing dear to freemen, but what is within its power. It has authority to make laws which will affect the lives, the liberty, and property of every man in the United States; nor can the constitution or laws of any state, in any way prevent or impede the full and complete execution of every power given. The legislative power is competent to lay taxes, duties, imposts, and excises; — there is no limitation to this power…

And are by this clause invested with the power of making all laws, proper and necessary, for carrying all these into execution; and they may so exercise this power as entirely to annihilate all the state governments, and reduce this country to one single government. And if they may do it, it is pretty certain they will; for it will be found that the power retained by individual states, small as it is, will be a clog upon the wheels of the government of the United States; the latter therefore will be naturally inclined to remove it out of the way. Besides, it is a truth confirmed by the unerring experience of ages, that every man, and every body of men, invested with power, are ever disposed to increase it, and to acquire a superiority over every thing that stands in their way. This disposition, which is implanted in human nature, will operate in the federal legislature to lessen and ultimately to subvert the state authority, and having such advantages, will most certainly succeed, if the federal government succeeds at all.

In a free republic…

Brutus #1 - Anti-federalist

History/current events BUMP!

“He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance.”

Of course you know that, Jacquerie.

FYI

https://www.usa.gov/federal-agencies/a

A-Z pages and pages...of course you knew that, Jacquerie.

Click on “O”

Find: Office of Personnel Management-OPM....

In that single office in sub-category “O” from A-Z index THERE IS...

https://www.opm.gov/a-z-index/

...ANOTHER A-Z index!

Thank you so much for your OUTSTANDING posts. Keep up the GRRRRRREAT work. One of FR’s finest. BUMP!

“He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance.” - list of grievances; Declaration

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.