Venezia. The Atlantis-like ancient city with its bridges over canals, long boats mastered by the gondolier, the city whose balls made masquarade masks famous, where artisans of show-making spend a whole day to make a single show of artistic wonderment, a hidden restaurant in a corner alley uncovers the best Italian cuisine, and the city whispers of its centuries of stories from its cathedrals and water-hugging mansions of Casanova’s fame.
III. THE CLOSING ARGUMENT: Constitution Masterclass -- The 30,000 Cap
Article I, Section 2, Clause 3 provides: “The Number of Representatives shall not exceed one for every thirty Thousand, but each State shall have at least one Representative.” Interpretations clash: was this intended to impose a cap on the number of people a member of the House could represent, or the number of Representatives that could ever be in the House? Equally, who can enforce the rights of Section 2 as applied to Representatives?
Congress capped the number of representatives by the Permanent Apportionment Act of June 18, 1929, and has not changed it since. A 1941 federal law provided the means to assign seats after the Census. States contested this when it lost a seat after the 1990 census due to this cap. The Supreme Court acknowledged this was not a question submitted exclusively to the Legislative branch as a “political question” beyond its jurisdiction to resolve. Thus, the question turns to the import and intent of the 30,000 rule — is it a cap on the number of representatives or is it a ceiling on the number of people represented?
The phraseology can be read either way — that the restaint is on the “number of” Representatives in a ratio to the population rather than the population size represented by the District; or that the ratio intends a cap on the number of people represented by each representative. Linguistically, the former argument holds more sway; historically and philosophically, the latter argument proffers more persuasive evidence.
If we see it as sufficiently ambigious to turn to the Constitutional record, we find that the ratio of the house to the population was intended to be close to the people at a size no more than 30,000 people, reflected in the papers of the Founding Fathers themselves.
Indeed, the controversy over this language almost sunk the Constitution itself, despite the supporters arguing in Federalist Papers throughout that this was a minimum of people to be represented not merely a cap on the number of representatives in the House. So much so, that the very first amendment ever proposed was to clarify this point: that the minimum number of representatives must be proportional to the population in a strict ratio. Due to an editing error as passed by Congress, the amendment never passed, though mostly it faded as the Founding generation protected the intended ratio in fact.
The best plaintiff to seek such a relief would likely be a state without representation due to the absence of this maximum number of people per representative, given the prior case-law on the subject, or, of course, Congress itself could remedy the problem all by itself.
The Battle of Bunker Hill, by early American artist John Trumbull, a battle the British managed to lose while winning. By holding off the British as long as they did, the Americans seized the narrative and strategic victory. Legend grew of a young farmer turned Colonel of the Minute Men, promising to hold the Hill or periosh trying for at least one more night, with the famous phrase echoed: “Don’t Fire Boys Till You See the Whites of Their Eyes”, or at least legend would have it. I admit my fondness for the legend with its Sun Tsu style proverbial wisdom, but also for a more direct reason: Colonel Prescott was a great, great granddaddy of mine.
B. Wisdom of the Day
“Don’t Fire Till You See the Whites of Their Eyes.” Colonel Prescott, according to legend.
Another historic portrait of George Washington, evoking a time and place, as he prays in the snow by his horse in Valley Forge where fellow revolutionaries nearly starved or froze to death. More than a few fellow Barnes joined him there, including several direct ancestors. Amidst the difficulties of weather and war, Washington took the time to pray, a reminder of our own limitations and capabilities of courage to survive against the longest of odds.
B. Wisdom of the Day
"The nation which indulges toward another an habitual hatred or an habitual fondness is in some degree a slave. It is a slave to its animosity or to its affection, either of which is sufficient to lead it astray from its duty and its interest.” George Washington.
A painting gifted down the generations to my mother shared Stuart’s famous portrait of George Washington, whose eyes I could swear moved with me across the room as a kid. One must behave when George Washington is watching you and, just as much, fell inspired to act when he watches over you.
B. Wisdom of the Day
"I hope I shall possess firmness and virtue enough to maintain what I consider the most enviable of all titles, the character of an honest man.” George Washington.
Sign Up for free to see more from this community or subscribe to VivaBarnesLaw for $10/month to support VivaBarnesLaw for more interaction and exclusive content.