Historic Lawsuit Seeks Larger Congress Under 'One-Person, One-Vote'

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Thu Sep 17, 2009 2:43pm EDT

OXFORD, Miss., Sept. 17 /PRNewswire-USNewswire/ -- A lawsuit was filed in the
U.S. District Court for the Northern District of Mississippi today challenging
the constitutionality of the current size of the United States House of
Representatives.  The lawsuit argues that the provision in the United States
Code (2 USC section 2a) that freezes the size of the House at 435 members is
unconstitutional, egregiously violating the well-established principle of "one
person, one vote" affirmed in multiple Supreme Court decisions.  At the state
level, the implication of "one person, one vote" means that each state must
ensure a population variance of less than 1% across all its federal
congressional districts so that voter equality is strictly maintained.  At the
national level, however, this principle has not been applied, and the
population variance between the most under-represented congressional district
and most over-represented district exceeds 80%.  Fortunately, the current
disparity and resulting inequity can be remedied by simply adding more members
to the House of Representatives.

The five plaintiffs in the case each represent the five most under-represented
states and include:  Lisa Schea from Delaware, John Tyler Clemons from
Mississippi, Jessica Wagner from Montana, Krystal Brunner from South Dakota
and Frank Mylar from Utah.  Not only do these five plaintiffs suffer from
unconstitutionally diminished voting power, but so do all other qualified and
registered voters throughout these states.  The five most over-represented
states are:  Iowa, Nebraska, Rhode Island, West Virginia and Wyoming.  "Our
Constitution was crafted around the idea that all citizens deserve an equal
voice in the decisions of their government," Clemons said.  "If someone's vote
in Iowa or Wyoming counts for more than mine, how is that equality?"

Apportionment.US, Inc. is the non-profit organization coordinating the lawsuit
on behalf of the plaintiffs.  "The foundation of our constitutional form of
government in America is defined by 'We the People,' which demands equal
representation across our entire Republic," said Scott Scharpen, founder and
president of Apportionment.US.  He added, "Whether you are a Democrat,
Republican or Independent, working to achieve equal representation is the
ultimate non-partisan, grassroots effort that is worthy of support from all
Americans."

Despite the U.S. population more than tripling in the last 100 years (from
less than 100 million to over 300 million people), the number of House
representatives over the same time has remained identical at 435 members.  Why
has this inequity in voting rights and representation never been formally
corrected or challenged?  Scharpen answered, "It's not clear.  While many
scholars and political analysts have raised these important issues, this
lawsuit is the first of its kind seeking to correct the inequity, which
clearly violates the Framers' intent.  We are committed to correcting the
injustice perpetrated on the residents of these five states, but we are also
working to ensure that both current and future generations of Americans across
the land have a representative form of government that maintains structural
equality for all."

If this lawsuit is successful, the court will require an increase in House
membership to achieve appropriate voter equality across America, and bring
about perhaps the most significant change in the federal government structure
in nearly a century.

Counsel for the plaintiffs includes Michael Farris (Chancellor of Patrick
Henry College in Virginia) and the local law firm of Wilson, Hinton & Wood in
Corinth, Mississippi.

For more information on America's apportionment process and on the lawsuit,
visit www.Apportionment.US.


SOURCE  Apportionment.US

Scott Scharpen of Apportionment.US, +1-951-678-9955, scott@apportionment.us
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