Discuss how we can hasten progress towards enlarging representation. There are two primary components to this: 1) educating others in order to gain the necessary public support; and, 2) ensuring implementation via a constitutional amendment or other legal means.
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This forum is only for discussion related to achieving the vision of a much larger House. All other discussion will be moved or deleted. No incivility or partisan advocacy allowed.
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revolution to win
Posts: 5
Joined: Fri Oct 21, 2011 8:42 am
First Name: Guy
Stance: Pro-Enlargement

Actual filing for litigation

Post by revolution to win »

Google : US District Court for (ie. ) state. Go to page for forms and fees, search for JS 44 Civil Cover sheet, this is the first page to fill out.
Some courts have it fillable to print, so it can be submitted directly in the Clerk's office with the filing fee.
Fill in Plaintiff section, the Defendants are the State, Governor, the state legislative body, the state board of elections, ( commission, etc.) .
II. Basis of Jurisdiction check ' Federal question '
III. Citizenship of Principal Parties check citizen of the state ( has to be registered voter and citizen of the state to proceed )
IV. Nature of Suit under column for other statutes check box 400 State Reapportionment.
V. Check original proceeding
VI. Cause of Action Cite US Civil Statute enter ' 28 USC Sec 2284(a)
Brief Description of cause enter ' Increase number of US House of Representative districts for ( State), 1 for every 30,000 citizens.
Date and sign
Search for civil complaint sheet
Next Page Civil Complaint Sheet
Fill in Plaintiff, and Defendant sections
# 1 then check Federal question box
# 2 the facts in the case : ie. The Governor has been informed by the Clerk of the US House the number of US Representatives the State is allowed.
The citizens of the State have been harmed by this lack of Representation that is guaranteed by Article 1 section 2
of the Constitution of the United States clearly written maximum, " Number of representatives shall not exceed 1 for every 30,000,"
and the 14th Amendment Section 2.
#3 check 'An injunction ordering' The Governor, (state) (legislative body), (board of elections) redistrict 1 US House district for every 30,000 citizens with strict
population equality.
Date and Sign
then you need a summons form, and a certificate of service.
if you need any help, e-mail me guy@bestamericanrevolution.com
803sccdantes
Posts: 17
Joined: Wed Aug 19, 2009 12:40 am
First Name: Richard

Re: Actual filing for litigation

Post by 803sccdantes »

Unfortunately, you will never win a lawsuit seeking an injunction to order the wrong people to expand the House. Barring a Constitutional Amendment, only the Federal Congress has the power to expand the Congress. As it is, Congress has delegated the power to re-apportion to the Executive branch.
revolution to win
Posts: 5
Joined: Fri Oct 21, 2011 8:42 am
First Name: Guy
Stance: Pro-Enlargement

Re: Actual filing for litigation

Post by revolution to win »

The precedent was long established, from the first apportionment in 1790. The states conducted the population count, and the districts for the seats. It was in the states best interests to asssign the most representatives possible, for the maximum effect at a federal level, to represent the people of the state. The records show the apprtionment at 1 for every thirty thousand, or 106 members.
Your point is interesting, the Congress never amended the Constitution to assign the power to any other positions, or agencies.
Google; clerk of the House, click on art history, then click on House History. Find the new increased members starting with the third
session of congress, then the eighth session, the thirteenth, and every ten years.
803sccdantes
Posts: 17
Joined: Wed Aug 19, 2009 12:40 am
First Name: Richard

Re: Actual filing for litigation

Post by 803sccdantes »

revolution to win wrote:The precedent was long established, from the first apportionment in 1790. The states conducted the population count, and the districts for the seats. It was in the states best interests to asssign the most representatives possible, for the maximum effect at a federal level, to represent the people of the state. The records show the apprtionment at 1 for every thirty thousand, or 106 members.
Your point is interesting, the Congress never amended the Constitution to assign the power to any other positions, or agencies.
Google; clerk of the House, click on art history, then click on House History. Find the new increased members starting with the third
session of congress, then the eighth session, the thirteenth, and every ten years.

Congress doesn't have to amend the Constitution to delegate certain powers to the executive branch. It's extremely complicated, but Federal Courts have consistently held that Congress can delegate certain powers to the executive branch should it so choose.

Historically, the House of Representatives itself has decided how it was apportioned. Jefferson and Hamilton had a major disagreement about the formula used to apportion the representatives. It's incredibly complicated, and if you're interested, I've got an article coming out in the Alabama Law Review regarding just this topic.

Perhaps you're disagreeing on the states performing the counting? The Federal Census Bureau conducts the Census now, so the states do not have any role in the census whatsoever. Perhaps states counted their own population back in the day, but that role has been abrogated by the Federal government. No court, judge, or lawyer worth their salt will tell you there's anything that can be done about the Federal government conducting its own census as is outlined in the Federal Constitution.

Again, perhaps the Federal Government used to allow the states to conduct the census, but certainly if Congress has the power to give the states the power to conduct the census, it has the power to take that same power away from the states-which is exactly what it has done.
revolution to win
Posts: 5
Joined: Fri Oct 21, 2011 8:42 am
First Name: Guy
Stance: Pro-Enlargement

Re: Actual filing for litigation

Post by revolution to win »

In review, you will find Marbury v Madison 1803, a Supreme Court ruling stating clearly that the Constitution is the
Supreme Law. Also, Congress cannot give power to the Executive, or Congress, that is not enumerated in the Constitution.
The ruling was to stop the assignment of individuals during a lame duck session, assigned by the Congress and the President.

The Constitution does state, " The actual enumeration shall be made ....., in such manner as they shall by law direct." Period.

The next sentence " Number of Representatives shall not exceed one for every thirty thousand, but each state shall have one
until such enumeration shall be made, .."

It does not state anywhere in that sentence,--- in such manner as they shall by law direct.

It is my point, the founders knew the nation would grow, to maintain the people's representation from being diminished they
divised the only formula written, that formula allows the growth of the House would stay equal with the growth of the nation.

In the first census and apportionment, the actions represent the will of the people to have the maximum representation they are
allowed by the Constitution. The Nation should want to repeat that action in this century.
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