Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: Jacquerie

“One man, one vote” is not part of the Constitution.


30 posted on 02/21/2018 3:05:45 PM PST by Jim Noble (Single payer is coming. Which kind do you like?)
[ Post Reply | Private Reply | To 6 | View Replies ]


To: Jim Noble

It’s in the living and breathing rat constitution that supersedes our Constitution. It is why the shape of congressional districts is still a cage fight in many states some eight years after the last census, and why several states face bankruptcy.


33 posted on 02/21/2018 3:12:03 PM PST by Jacquerie (ArticleVBlog.com)
[ Post Reply | Private Reply | To 30 | View Replies ]

To: Jim Noble
“One man, one vote” is not part of the Constitution.

It is now.

In Reynolds v. Sims, the Warren Court interpreted the 14th Amendment, in a decision that one justice labeled as "grotesque," to apply to all bodies not exempted by the Constitution itself. We know it as "one man/one vote." It is now a part of case law and is cited in precedents, such as in this case.

The Senate is exempt from Reynolds, and even Article V forbids the end of equal representation in the Senate unless states deprived of it are willing to ratify such a change. That would mean unanimous consent.

The Electoral College is exempt from Reynolds because the state legislatures have a plenary and non-justiciable right to appoint electors.

37 posted on 02/21/2018 3:17:30 PM PST by Publius ("Who is John Galt?" by Billthedrill and Publius available at Amazon)
[ Post Reply | Private Reply | To 30 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson