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.
The authors of the Constitution wanted to prevent political factions from violating the God given rights of the minority. The states set up a bicameral legislature with one house representing the people and another house representing the counties. This model prevented either the tyranny of the majority.
Since California became state we had a true bicameral legislature, but in 1964 thanks to the Reynolds v Sims case the Supreme Court ruling compelled the states to end the representation of the counties in the legislatures of the states and dismantled our bicameral legislature. Now the political party with the most votes can get whatever they want at the expense of everyone else.
The Supreme Court only has Constitutional jurisdiction that is spelled out in Article III of the Constitution. The compostion of the state legislarures is a power reserved for the states.
Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of chusing Senators.
In other words the Supreme Courts lacks the Constitutional authority to tell the states how to apportion representation in the states.
The people are one constituency that are represented in the House of Representatives and each of the State Assemblies. The States and the Counties are separate constituency and each should be represented in order to a republic to function properly.
According to the Cosntitution each state has the Constitutional authority to establish all rules regarding the establishment of a state legislature.
In the both the House of Representatives and the Senate, the people are represented and the states are longer represented thanks to the 17th Amendment. Our bicameral legislature with its checks and balances is just a distant memory . Without checks and balances we open the door to tyranny of the majority.
In 1854 Californa had 207,000 people. in 40 counties. The legislature consisted of a Senate with one representative for each of the 40 counties and 80 representatives in the state assembly. Today, California has 58 counties and a population approaching 40 million but the number of representatives has remained constant.
Without adequare representation of the people and the counites, the life, liberty and property of the people can not be secure. With a republican form of government the rights of the people are protected against the tyranny of the majority. The system of checks and balances is essential to the preservation of liberty.
The Constitution Club is NOT a non profist organization, it is simply a website operated by a man who loves liberty and the principles promoted in the Declaration of Independence, Donations to the website are NOT tax deductible, but the funds recieved will be used to promote the educatuion of the American people.
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How to Make Your LIFE a Declaration of Independence
Jul 04, 2018 10:56 am
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By Daisy Luther A couple of centuries ago, our country’s Founding Fathers wrote and signed a declaration of our independence from another country. They included...
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