It would appear the First Amendment is really the Third Amendment.
In a suit to be heard by the Supreme Court Feb. 15, Eugene Martin Lavergne exposes the fact that 12 amendments were originally ratified, but that only 10 have ever been recognized or followed.
““Article the First” as contained in the United States Statutes at Large, specifically at 1 Stat. 97 (1789), first printed in 1845 (56 years after the actual events at issue) is in error,” says the suit.
On August 22, 1789, the House Approved one version of the real First Amendment. Later, the Senate approved a slightly different version, both of which deal with the apportionment of representatives per state.
Right now, the size of the House is frozen at 435 members, and as the country grows, your representation in that House is diluted.
Right now Ann Kirkpatrick represents over 700,000 people in CD-1. Lavergne argues that the “real” First Amendment calls for representation never to fall below one representative for every 50,000 people.
Yes, the House would consist of somewhere around 6,300 Representatives, but you’d have a greater voice with yours.
The question in my mind is … what happened to these Amendments and why have they never been recognized?
Part of the problem appears to be timing. If I understand it correctly … and there are those who say I lack that capacity … Article The First was finally ratified only when Kentucky was admitted to statehood in 1792, three years after the Amendment was drawn up. Kentucky became the 15th State in the Union, and the 12th to ratify the amendment. Twelve of 15 is 80 percent, more than enough to pass the amendments.
Amendments, when originated and passed by the two Houses of Congress, generally come with a time limit. These amendments, however, were part of the original Bill of Rights, and according to documents from the period, no time limit was ever contemplated.
Not enough states ratified these particular Bills to get them into the original group, but the “deal” with Kentucky to bring them into the United States included them ratifying this amendment.
Why then, was it never accepted and enforced?
The records of this ratification came to light when they were unearthed in the archives of both Connecticut and Kentucky in 2011. These amendments have been know to historians all along, but thought not to have passed.
Now there is proof they did.
One of the problems is that it is incumbent upon the states to notify Congress that they have passed a bill or amendment, and this apparently did not happen. So while these two amendments have been law for 220 years, and should have been self-enacting, the lack of notification has prevented its implementation.
It will be interesting to see what the Supreme Court does with this.
Since it’s counter-intuitive in this day and age to have a Congress made up of 6,000-plus Congressmen, I predict a mad, and unfortunate, scramble to pass a new amendment freezing Congress at 435 Representatives.
I think the country would be better represented with the larger number.
Reach the writer at email@example.com