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The Judiciary Can’t Impose Proportional Representation on the Nation, Justice Kavanaugh
National Review ^ | March 28, 2019 | James Lucas

Posted on 03/28/2019 11:17:39 AM PDT by Stravinsky

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To: Alberta's Child

If it’s not in the Constitution, then it’s left to the 9th and 10th Amendments. I have trouble understanding why Justice Kavanaugh asserts jurisdiction in the context of proportional representation.

Proportional representation is anathema to a republican form of government in my view. It facilitates mob rule. As a conservative, if I were to live in a county of predominately rural or small town character, I would be concerned about proportional representation allowing large urban areas to dictate to the entire state which representatives will be chosen by who.

I might consider challenging state laws enacting proportional representation by appealing in federal court to the Constitution’s Guarantee Clause.

Article IV Section 4 Clause 1:
“The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence.”

This clause is interpreted to mean that each state shall have a Republican Form of Government. I would argue that proportional representation is incompatible with a Republican form of government.


21 posted on 03/28/2019 12:57:37 PM PDT by Hostage (Article V)
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To: Alberta's Child

I think that would be a good idea- the two parties have both sucked A$$ recently, so that would end their lock on the system.


22 posted on 03/28/2019 2:52:40 PM PDT by Mr. K (No consequence of repealing Obamacare is worse than Obamacare itself.)
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To: Beagle8U
The Demonrats are all packed into the cities like rats in a corn crib. T
hey win in and around cities by huge percentages, but lose everywhere else.
Republicans win more districts, but by lower percentages.

Which is why I beat the drum for Electoral College votes awarded by Congressional District. Right now, by and large, the cities swing the State votes there. By CD, they might turn out a 110% vote in their district, but the overage won't spill out and overwhelm the rural vote. The contamination is confined to that district only.

Of course, the pols would try to gerrymander the districts, but that would be harder to do.

23 posted on 03/28/2019 5:40:17 PM PDT by Oatka
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To: Stravinsky

So if a state with 10 seats goes 50% Dem, 40% Rep, and 10% third party, the third party gets a seat even though it did not win a single district or area.

Or, if Pennsylvania divides its 18 seats 10 for the Dems and 8 for the Reps, all 10 Dems and 8 Repscan be from Philadelphia and the rest of the state can go to hell with nobody representing the people of Erie or Scranton or Altoona.

And these people are seriously debating this nonsense?


24 posted on 03/28/2019 9:05:04 PM PDT by oldbill
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To: Alberta's Child

So in PA, Once they’re all elected “at large”, then they are assigned congressional districts?

Or has the 1842 rule been done away with?

My apologies if that’s a moronic question.


25 posted on 03/29/2019 5:01:10 AM PDT by DrewsMum
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To: Hostage

districts also have the effect of limiting the breadth of the effects of localized fraud, or even simply natural disasters.


26 posted on 04/12/2019 2:59:26 PM PDT by lepton ("It is useless to attempt to reason a man out of a thing he was never reasoned into"--Jonathan Swift)
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