Challenge the Constitutionality of the apportionment
by A. N. American
A District Court of three judges shall be convened when an action is filed challenging the constitutionality of the apportionment of Congressional districts.
28 USC Sec. 2284 (a) United States Code Title 28 Part VI Chapter 155
A citizen has filed an injunction to halt the enforcement of Title 2 section 2 , 2a, & 2b of the United States Code, while challenging the constitutionality of that
Federal statute that sets a maximum of 435 US Representatives.
The 1st Article of the Constitution of the United States, " the Number of US Representatives shall not exceed 1 for every 30,000 " people, officially assigned in the second year (1792) and sworn into office for the start of the third year (1793)." One Representative for every 33,000 persons in each state, according to the rules prescribed by the Constitution". Proving that statute ( Title 2 USC sec. 2, 2a, & 2b, violates the Constitution by reducing our Representation by 9,856 people, The maximum number ( 10,291) of US Representatives for a population of 308 million people during 2010-2020.
Governor and President as defendants
by A. N. American
The current unconstitutional statute dictates to the Governor how many seats their State is allowed, The Founders established the same number of people per Representative, when in Wash DC casting a vote for bills they all have the same number of people they represent from their State.
Since republicans gave Herbert Hoover the ministerial duty of assigning 'the number of Representatives to which each State would be 'entitled', months before the Wall Street crash. The federal statute, 2 USC section 2a, requires the President to inform the States of the number of representatives they are 'entitled'. THE CONSTITUTIONALITY OF THIS SECTION OF THE STATUTE HAS TO BE CHALLENGED BY ALL AMERICANS IN ALL THE STATES.
In one state they were allowed 9 US House seats when their population was 350,000 citizens in the year 1800 - 1810, today they have
8 US House seats when their 2010 population is 5,700,000 people. This is a serious case of under representation, where 1 person has to represent the interests of 700,000 people. One person can better represent the people if they represent a smaller number of people, we all need a more responsive
government. Of course this measure, filing a court case for an injury of dilution, and debasement of your vote, will help the Governor and the General assembly have more people from their state at a federal level to write laws that will work for the people of their State. Help defend your constitutional rights to 'representation for taxation' at the Federal levels of our government, file a civil suit in US District court to represent your State, requesting the maximum constitutional number of representatives you are guaranteed by the Constitution of the United States Article I, section 2.
2010 Total of 308 million people, divided by 500,000 would be approximately 616 seats in US House for this decade, 2010-2020.
Check the Table below for your State's possibilities
The Request for Volunteers
by A. N. American
B. A. R. Times
We the People need volunteers to find registered voters in your communities, who you, and others respect, to run for these new openings for
Congress. They will need help to file suit in Federal Court challenging the constitutionality of the Federal statute: United States Code, Title 2 sections 2, 2a, & 2b, which " fixes the number to 435" ( the British system in their 'House of Commons' is a fixed number til the King / Queen approve more)
Please help to defend our Constitution, help to maintain our representative form of government, a constitutional maximum representation for all fifty states, this one measure can reduce the influence of lobbyists and corporations that currently corrupt our government.
Technically requesting the court to place an injunction on the enforcement of Title 2 USC section 2, 2a, 2b for every election. The US Supreme court ruled
that apportionment statutes are invalid after 10 years, when people challenge the statutes by filing suit to halt their continuation.
If we don't maintain our representation we will have a corrupt US House chosen by the wealthy to write laws to protect their wealth at the expense
of the people. Celebrate the defense of our Constitution, demanding the maximum US House seats for our nation. The Best American Revolution.
by A. N. American
B. A. R. Times
You will need to read the Rules of the U.S. District Court in your area, so you can file your case, to challenge the current reapportionment scheme in your State.
It is generally Form J - 44, JS - 44, or JS - 044. We have samples of how you can fill them out, the legal terms you will want to use. We also provide help for
your Appeals to your Circuit Court, if your District Court claims it is a political doctrine question. The ' political doctrine question' response was popular by Courts
in the 1960's, the Supreme Court ruled the District Courts were wrong to rule " it is political question doctrine" which would leave the issue solely with the Legislators.
The apportionment figures below are based on the maximum deviations considered constitutional, or valid. Connor v Finch 431 US 407, 418,
Gaffney v Cummings 412 US 735
Also that Legislative districts be " as nearly equal population as is practicable ". Reynolds v Sims 377 US 533,577 , Chapman v Meier 420 US 1
The Table below shows the amount of the dilution of your representation and the reduction in the value of your vote. ie. 1 vote out 30,000 people to 1 vote out of 700,000.
Source : U.S. Census Bureau, 2010 Census : Clerk of the House of Representatives
U. S. Department of Commerce:
Table 1. Apportionment population and number of Representatives, by State : 2010 Census 9 / 17 / 12.
First Apportionment : Second Congress, Session I, Chapter XXIII, One Representative for every 33,000 persons in each state, computed according
to the rules prescribed by the Constitution. April 14, 1792
Second Apportionment : Seventh Congress, Session I, Chapter I, One Representative for every 33,000 persons in each state, computed according to
the rules prescribed by the Constitution. January 14, 1802
* Note: The men who wrote the Constitution, wrote the apportionment in those words detailed there, also notice they establish the same number of people per
Representative to maintain the same value of representation, and the same value of the vote, for each decade. All new people, and States would receive
the same amount of representation, and the value of their vote would remain constant and equal. They assigned the same number of people per
representative for each State, so each State would have equal representation and say in writing and voting for Laws.
|STATE NAME|| CONSTITIONAL MAXIMUM
1 : 33,000 - 1 : 30,000 1 : 500,000
|ALABAMA||* 145 160 9||4,802,982||7|
|ALASKA||21 24 1||721,523||1|
|ARIZONA||194 213 12||6,412,700||9|
|ARKANSAS|| 88 97 5-6
|CALIFORNIA||1131 1244 74||37,341,989||53|
|COLORADO||152 168 10||5,044,930||7|
|CONNECTICUT||108 119 7||3,581,628||5||7||237,840|
|DELAWARE||27 30 2||900,877||1||1||50,094|
|FLORIDA||572 630 37||18,900,773||27|
|GEORGIA||294 324 19||9,727,566||14||2||82,548|
|HAWAII||41 45 2||1,366,862||2|
|IDAHO||47 52 3||1,523,499||2|
|ILLINOIS||389 428 25||12,864,380||18|
|INDIANA||197 216 13||6,501,582||9|
|IOWA||92 101 6||3,053,787||4|
|KANSAS||86 95 5||2,863,813||4|
|KENTUCKY||131 145 8||4,350,606||6||2||73,667|
|LOUISIANA||137 151 9||4,553,962||6|
|MAINE||40 44 2||1,333,074||2|
|MARYLAND||175 192 11||5,789,929||8||8||310,728|
|MASSACHUSETTS||198 218 13||6,559,644||9||14||378,787|
|MICHIGAN||300 330 18||9,911,626||14|
|MINNESOTA||161 177 10||5,314,879||8|
|MISSISSIPPI||90 99 6||2,978,879||4|
|MONTANA||30 33 2||994,416||1|
|NEBRASKA||55 61 3||1,831,825||3|
|NEVADA||82 90 5||2,709,432||4|
|NEW HAMPSHIRE||41 44 2||1,321,445||2||4||141,885|
|NEW JERSEY||266 293 16||8,807,501||12||5||184,130|
|NEW MEXICO||62 68 4||2,067,273||3|
|NEW YORK||588 647 38||19,421,055||27||10||340,120|
|NORTH CAROLINA||289 318 19||9,565,781||13||10||393,751|
|NORTH DAKOTA||20 22 1||675,905||1|
|OHIO||350 385 23||11,568,495||16|
|OKLAHOMA||114 125 7||3,764,882||5|
|OREGON||116 128 7||3,848,606||5|
|PENNSYLVANIA||385 424 25||12,734,905||18||13||434,373|
|RHODE ISLAND||32 35 2||1,055,247||2||2||68,825|
|SOUTH CAROLINA||140 154 9||4,645,975||7||6||240,073|
|SOUTH DAKOTA||24 27 1||819,761||1|
|TENESSEE||193 212 12||6,375,431||8|
|TEXAS||765 842 50||25,268,418||36|
|UTAH||83 92 5||2,770,765||4|
|VERMONT||19 21 1||630,337||1||2||85,530|
|VIRGINIA||243 267 16||8,037,736||11||19||747,610|
|WASHINGTON||204 225 12||6,753,369||10|
|WEST VIRGINIA||56 61 3||1,859,815||3|
|WISCONSIN||172 189 11||5,698,230||8|
|WYOMING||17 18 1||568,300||1|
|MISSOURI||182 200 12||6,011,478||8|
|TOTAL||9342 - 10, 283, 10,291* 614||308,745,538||435||105||3,769,961|