Press Release: 09/05/2020

Oral Argument Scheduled on 10/13 for the Lawsuit Demanding Equal Representation in the House of Representatives

New York City: Demanding equal representation for all Americans in the House of Representatives, Equal Vote America Corp. (EVA) have filed appeal with the Second Circuit Court of Appeals against Congress (CASE # 19-3054) on the ground that the existing apportionment laws since 1929 are unconstitutional.

The Court has scheduled the oral argument on 10/13/2020.

On September 3, 2019, Judge Colleen McMahon dismissed the case on the ground of lacking standing even though she sympathizes with Plaintiff that “our House representatives stand for 717,707 of us (New Yorkers) rather than a mere 563,626 Wyomingites.”

With all due respect to SDNY, we strongly disagree such decision. In 1857, the Supreme Court dismissed Dred Scott’s case also citing lack of standing because a black person, free or enslaved, was not a citizen protected by the Constitution. It was unanimously regarded as the worst decision in the court’s history. Employing legal technicality to perpetuate injustice was wrong in 1857, and must be equally wrong today in the 21^st century.

Furthermore, the SDNY decision gives those dictatorship regimes the perfect propaganda that America’s democracy is a sham where our rights to equal vote and equal representation are not worth the paper they are printed on, and we as citizens have no recourse when our constitutional right is violated. The SDNY decision essentially has raised the following two troubling questions:

• Is America an Animal Farm where some Americans are more equal than others.

• Is America genuinely better than those dictatorship regimes where ordinary citizens have no standing to fight for their voting rights and have been oppressed into silence.

The redress that Plaintiff is seeking is a declaratory judgment by the Court – as the Supreme Court clearly did in Wesberry v. Sanders (1964) – such as follows:

• The Apportionment Acts of 1911, 1929 and 1941 are unconstitutional with respect to the Great Compromise, Article I, § 1 & 2, Article IV, § 2, the First Amendment, the Fifth Amendment and the Fourteenth Amendment.
• Every American’s rights to equal representation in the House and equal vote in any election shall not be denied, diluted, debased, diminished, demeaned, disadvantaged, or manipulated in any way by any means on any account.

Once the existing reapportionment laws are declared unconstitutional, the current Congress has the duty and obligation under Article VI, Par. 2 & 3, and the power under Article I, § 1 & § 4, and the Fourteenth Amendment § 5 to enact new apportionment laws to not only honor the Founding Fathers’ Great Compromise, but also uphold the Constitution.

We propose “the Wyoming Rule of the Nearest Tenth Digit” to increase the number of house votes based on the least population state’s representative-to-population ratio rounded to the nearest tenth digit. According to 2017 Census estimates, Wyoming has the least population of 579,315. Hence for example, NY population (19,849,399) / (579,315) = 34.264, rounded to the nearest tenth digit, 34.3. Hence NY is entitled to 34.3 house votes instead of 27, i.e. 33 members have 1 vote each, the 34^th member has a vote of 1.3 for a larger district. Likewise, Montanans would have one representative whose vote is worth 1.8.

Applying the same arithmetical operation to the three previous censuses, the variance of representations among all 50 states would be all within +/-5%, compared to currently from under 43% to over 7%.

More importantly, under this proposal all Americans of all states will be guaranteed equal presentation at the same time, there will be no American of any state ranked as “lower priority” any more.

Fellow Americans from 40 states have joined  this lawsuit by completing the Online Affidavit. Come join us, together, let’s honor our Founding Fathers, uphold our country’s founding principle and defend the Constitution.

For more information, please visit http://equalvoteamerica.org/

Previous Press Releases:

2019/01/11; 2019/02/18; 2019/03/26; 2019/04/11; 2019/04/26; 2019/09/28

****** The History ******

At the Constitutional Convention 1787, James Madison proposed the Virginia Plan in which the population would elect the members of the lower house, which in turn would elect the members in the upper house. William Patterson countered with the New Jersey Plan, which called for equal representation of each state in a unicameral legislature. The convention almost fell apart until the founding fathers reached the Great Compromise — literally the founding agreement for the Union — to establish a bicameral legislature where the populace was represented in the House of Representatives, and the states were represented at the Senate. Hence, the Constitution provides:

• Article I, § 2 Clause 3 & the 14^th § 2: the number of house seats shall be apportioned by state population;
• Article I, § 3 Clause 1: each state shall have 2 senators in the Senate regardless of population.

In 1792 Washington, advised by Jefferson, exercised the very first presidential veto over the first apportionment bill precisely because these two founding fathers felt the bill failed to comply with the aforementioned founding agreement.

****** The Current Situation ******

However, the current apportionment laws since 1929 have caused significant unequal representation in the House of Representatives. Based on the 2010 Census Data, for example:

• Wyoming’s pop. of 563,626 gets 1 house seat => 1 HS per 563,626 persons, fully represented;
• Florida’s pop. of 18,801,310 gets 27 house seats => 1 HS per 696,345 persons, 19% of Floridians taxed without representation;
• Texas’s pop. of 25,145,561 gets 36 house seats => 1 HS per 698,488 persons, 19% of Texans taxed without representation;
• California’s pop. of 37,253,956 gets 53 house seats => 1 HS per 702,905 persons, 20% of Californians taxed without representation;
• New York’s pop. of 19,378,102 gets 27 house seats => 1 HS per 717,707 persons, 21% of New Yorkers taxed without representation;
• Montana’s pop. of 989,415 gets 1 house seat, the worst among all states, 43% of Montanans taxed without representation;
• on the other hand, Rhode Island’s pop. of 1,052,567 gets 2 house seats, over-represented.
• Nationwide, 63,568,228 of 308,745,538, or 20.6% of national population, have been taxed without representation.

CA, TX, NY and FL have been deprived of at least 13, 9, 7 and 6 house seats, respectively. In fact, residents of 39 states (over 95% of national population) have been under-represented by at least 110 house seats in total. Click MyState to see how many house seats your state has been deprived of. Click here for State-by-State Unequal Representation.

***** Congress Has Violated … ******

Therefore, Congress has collectively dishonored the founding agreement reached by the founding fathers, and violated Article I, § 2 & the 14^th Amendment § 2. Furthermore, the significant under-representation in the House of Representatives has violated over 95% of Americans’ constitutional rights with respect to …

• Equal Representation in the House under Article I, § 2,
• Voting Right in presidential elections guaranteed by Article II, § 1;
• Equal Citizen Privileges guaranteed by Article IV, § 2;
• Freedom of Speech guaranteed by the First Amendment;
• Due Process guaranteed by the Fifth Amendment;
• Citizen Privileges, Due Process, Equal Protection and Equal Voting Right under the Fourteenth Amendment.

It must be also noted that the Founding Agreement reached by our Founding Fathers has two sides, the House and the Senate. If the blatant breach on the Equal Representation in the House is not rectified, then the two-seat for every state at the Senate shall be declared illegitimate and no longer constitutional. Were our Founding Fathers alive today, they would have been outraged, and Washington and Jefferson would certainly have vetoed the Reapportionment Act of 1929 as they did in 1792.

***** Why We Filed This Lawsuit ******

In the fable Animal Farm by George Orwell, “All Animals are Equal, but Some Animals are More Equal than Others.”

As proud Americans, we believe America is not such Animal Farm, and all Americans shall be equally represented in the House regardless of state residence according to our Founding Fathers’ Founding Agreement and the Constitution.

Our lawsuit has become a grass-root movement as more and more ordinary citizens from 13 states (AZ, CA, FL, IA, KY, MA, MO, NY, NJ, OR, TN, TX, and VA) have signed up to be co-plaintiffs  in our lawsuit demanding Congress to pass new apportionment laws to ensure Equal Representation for all Americans of all 50 states. Fellow Americans, please …

•  join our lawsuit by completing the Online Affidavit; 
• urge your U.S. House Representative and two U.S. Senators to pass a new apportionment law according to the Founding Agreement and the Constitution.

***** The Remedy Sought ******

The redress that Plaintiff is seeking is simply for the Court to make a declaratory judgment – as the Supreme Court clearly did in Wesberry v. Sanders (1964) – such as follows:
The Apportionment Acts of 1911, 1929 and 1941 are unconstitutional with respect to the Great Compromise, Article I, § 1 & 2, Article IV, § 2, the First Amendment, the Fifth Amendment and the Fourteenth Amendment. Every American’s rights to equal representation in the House and equal vote in any election shall not be denied, diluted, debased, diminished, demeaned, disadvantaged, or manipulated in any way by any means on any account.

**** FQAs ******

What is the Great Compromise?

• At the Constitutional Convention 1787, James Madison proposed the Virginia Plan which included a bicameral legislature. The population was to elect the members of the lower house which in turn would elect the representatives in the upper house. William Patterson put forward a counter proposal, the New Jersey Plan, which called for equal representation of each state in a unicameral legislature. The convention fell into a deadlock until Roger Sherman from Connecticut proposed a compromise.
• To balance the interest between the more populous states and the less populous states, our founding fathers reached the Great Compromise, which was literally the founding agreement for the Union. It established the bicameral national legislature where the populace was represented at the House of Representatives, while the states were represented at the Senate.

According to the Great Compromise, the Constitution Provides:

• Article I, § 2 Clause 1: the House of Representatives shall be elected by the People;
• Article I, § 2 Clause 3: the number of house seats shall be apportioned by each state’s population;
• Article I, § 3 Clause 1: each state shall have 2 senators in the Senate regardless of population.

Do You Know the Original First Amendment?

• In fact, the original first amendment was proposed by Madison to tie the number of the house seats to national population.
• It was ratified by eight states, only one state short to be fully ratified.

Do You Know the First Presidential Veto?

• On April 5, 1792, Washington, convinced by Jefferson, exercised the very first presidential veto in the U.S. history to reject a Congressional bill that introduced a new plan for allocating house seats among states.
• Washington and Jefferson found the bill unconstitutional and liable to be abused in the future.
• Jefferson said, “If the [ratio of] representation [is] obtained by any process not prescribed in the Constitution, it [then] becomes arbitrary and inadmissible” and suggested apportionment instead be derived from “arithmetical operation, about which no two men can ever possibly differ.”
• Washington’s veto sent the bill back to Congress, which in turn drafted a new bill that apportioned representatives at “the ratio of one for every thirty-three thousand persons in the respective States.”

What are the existing apportionment laws?

• The 1911 Apportionment Act capped the number of house seats at 435.
• The Reapportionment Act of 1929 established a permanent method for reallocating the 435 seats among the states.
• The Apportionment Act of 1941 made the apportionment process self-executing after each decennial census.
• Congress has used the following Apportionment Formulas to determine which state gets the next available seat.
• Therefore, in terms of the right to equal representation at the House, some Americans get higher priority than the others based on state residence.

The Triple-Injustice for over 95% of Americans:​

• The more populous states already suffer huge disadvantage at the Senate, e.g. both CA of 37.2 million and WY of 0.6 million have 2 senators.
• Having been deprived of the number of house seats entitled by the founding agreement and the Constitution, the more populous states hence suffered the double-disadvantage.
• Furthermore, the more populous states have fewer electoral votes than they should have in the presidential elections, hence being condemned to the Triple-Injustice.