The Supreme Court’s acceptance of a case about the allocation of voting districts will have consequences far beyond the millions of U.S. taxpayers its ruling may deprive of representation. A decision that only counts voters, rather than all persons, will undermine the very foundation of the Republic.
The American Revolution was fought over “taxation without representation,” and those who wrote the Constitution carefully apportioned taxation and representation among the states “according to their respective Numbers . . . of free Persons . . . and . . . three-fifths of all other Persons.” The authors clearly equated We, the People with all Persons—even those who could not vote.
The Constitution goes on to provide that apportionment shall be based on an ‘Enumeration” (census) conducted every ten years. Along with slaves, free women were counted in the census; however, neither were allowed to vote. Initially, only a small percentage of all persons—white men who owned sufficient property—elected representatives, but Jacksonian democracy extended the franchise to all white men.
The Fourteenth Amendment changed the definition of persons when the slaves were freed: “Representatives shall be apportioned among the several states according to their respective numbers, counting the whole number of persons in each state.” The Fifteenth Amendment prohibited voting discrimination against former slaves, but women were yet to be mentioned.
In 1903, the Supreme Court ruled that the Constitution provided equal protection to all persons, including “an alien, who has entered the country, and has become subject in all respects to its jurisdiction, and a part of its population, although alleged to be illegally here.” Taxpaying illegal immigrants cannot vote, but they are counted for representation.
The Nineteenth Amendment precluded states from discriminating against women in voting, and the Twenty-sixth Amendment extended voting protection to all persons “who are eighteen years of age or older.” These amendments targeted discrimination; however, the underlying right of all persons to vote has never been included in the Constitution. This startling fact was acknowledged by the Supreme Court in Bush v. Gore, when it appointed George W. Bush as president in 2000 stating, “The individual citizen has no federal constitutional right to vote for electors for the President of the United States . . . .”
The political nature of Bush was proved by the Court’s statement that it was a one-time decision which could not be relied on as law in the future. Members of the majority had ties to the conservative Federalist Society, the goal of which is “to place a premium on individual liberty, traditional values, and the rule of law.” Current Justice Antonin Scalia was a founder of the Society, and Justices Alito and Thomas and Chief Justice Roberts are members.
These conservative justices purport to be originalists in deciding what the actual words of the Constitution meant to those who originally ratified it; however, their decisions prove otherwise. Bush was pure politics, as was Citizens United v. FEC, which granted constitutional personhood to corporations. If political ideology, rather than original intent, motivates a decision that only counts voters, political power will shift from larger, multi-cultural, and diverse districts to smaller, whiter, wealthier, and conservative districts, and millions of persons will once again be taxed without representation.
The American Legislative Exchange Council, another conservative organization that shares financial supporters with the Federalist Society, is responsible for most state photo ID laws that target vulnerable voting populations. In 2014, a Federal District Court held that the Texas voter ID law had been adopted “with an unconstitutional discriminatory purpose” and that it placed “an unconstitutional burden on the right to vote.” The Federalist majority of the Supreme Court reversed the lower court’s decision and blocked 600,000 registered voters in Texas from voting. Persons purged from registration lists because of voter ID and other suppression tactics will no longer count—should the Court decide that representational apportionment can be narrowly based on those who vote, instead of all persons.
A majority of Americans no longer have faith in their government. The job approval rate of Congress is a dismal 16 percent, while only one quarter of the people agree with the Supreme Court’s ideology, and more than half believe it has a political agenda. Although the struggle to overcome voting discrimination took 200 years, less than half of all eligible persons bother to vote. But, just because people choose not to vote doesn’t mean they surrender their constitutional right to be represented.
The justices have repeatedly shown they are without shame in making unconscionable political decisions that are not in the best interests of the people. Let us hope there is sufficient collective wisdom remaining for them to correctly decide the true meaning of “person”—the most important word in the Constitution.
About the author:
William John Cox is a retired public interest lawyer who drafted the United States Voters’ Rights Amendment (USVRA.us). His memoir, The Holocaust Case: Defeat of Denial will be published in July.
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Information available to experts on international terrorism indicate that Bosnia Herzegovina is presently one of the epicentres of extremist Islamic circles in Europe, as it represents a hub for potential Islamic terrorists – the so called “white” or “European” Al-Qaeda .
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GR Editor’s Note
Publicly available military documents confirm that pre-emptive nuclear war is still on the drawing board of the Pentagon.
Compared to the 1950s, the nuclear weapons are more advanced. The delivery system is more precise. In addition to China and Russia, Iran, Syria and North Korea are targets for pre-emptive nuclear war.
Let us be under no illusions, the Pentagon’s plan to blow up the planet using advanced nuclear weapons is still on the books.
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From Gilgamesh to Odysseus to Aeneas, the living heroes of the epic descend into the Underworld at a point of despair in the sense of their quest. Burdened by a fate that requires momentous courage and tragic self-sacrifice for the sake of their people’s survival, they resent ...
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Mass exodus from Muslim Kosovo into Europe
~150,000 or more Kosovars on the move since summer
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It may seem innocuous, but there is a disturbing authoritarianism to the increasing custom. Those who don’t wear the symbol commemorating Britain’s war dead are liable to be castigated and abused for being “traitors”.
The BBC is a classic example. The publicly owned state broadcaster ...
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The following text was presented at the International Conference on “9/11 Revisited – Seeking the Truth”, Perdana Global Peace Foundation (PGPF), Kuala Lumpur, November 2012
The tragic events of September 11, 2001 constitute a fundamental landmark in American history, a decisive watershed, a breaking point.
Millions of people have been misled regarding the causes and consequences of 9/11.
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9/11 marks ...
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Former Secretary of State Hillary Clinton addressing the AIPAC conference in Washington D.C. ...
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One would think that after 71 years, the United States would finally be prepared to acknowledge that the incineration of two defenseless Japanese cities, causing some 200,000 deaths, was a militarily unnecessary act.
Nothing of the sort will happen. Obama “will not revisit the decision ...
US foreign policy has nurtured Al Qaeda, a creation of the CIA for more than 35 years, with the support of Pakistan’s Inter Services Intelligence (ISI) and Saudi Arabia’s infamous General Intelligence Presidency (GIP). Lest we forget Osama bin Laden was recruited in 1979 by the CIA at the outset of the Soviet- Afghan war.
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Rand Corporation Report 2012
While mainstream analysis regarding CIA covert support of “jihadist” terrorist entities is ...
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Who are the oligarchs?
— Wall Street and the mega-banks too big to fail and their agent the Federal Reserve, a federal agency that put 5 banks ahead of millions of troubled American homeowners who ...
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GR Editor’s Note
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Let us be under no illusions as to the intent of the US and its allies.
We are dealing with World Conquest under the disguise of a “Global War on Terrorism”.
Michel Chossudovsky, December 24, ...
Last movie by famous French movie maker Paul Moreira on Canal+ (France) broadcasted 01/02/2016.
Some French citizens are now shocked after discovering the truth about the Odessa massacre and the Euromaidan bloody coup in 2013/2014.
Interview to Paul Moreira:
Preview screening on January, 20th 2016 at FIPA Biarritz 29th edition, selected out of competition in Reportages and Investigation – Panorama of Creation category.
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Declassified Documents Reveal Pentagon’s 1950s Planned Nuclear Holocaust
Crossing The Acheron: “The American War In Vietnam: Crime Or Commemoration?” [Review Of John Marciano’s Book]
Mass Exodus From Muslim Kosovo Into Europe: Did US Play A Role In Creating The Crisis?
Journey To Aleppo: Exposing The Truth Buried Under NATO Propaganda
US Serbs, Angry About Being Bombed By Bill, May Have Cost Hillary The Election
September 11, 2001: The Crimes of War Committed “In the Name of 9/11″
Democrats Are Now The Aggressive War Party
The Ancient Spiritual Roots Of Russophobia
Obama And The Bombing Of Hiroshima
When Terrorism becomes Counter-terrorism: The State Sponsors of Terrorism are “Going After the Terrorists”
A Collection Of Thoughts About American Foreign Policy
The Failure Of US Democracy
US Has Killed More Than 20 Million People in 37 “Victim Nations” Since World War II
Edward S. Herman (ed.), The Srebrenica Massacre: Evidence, Context, Politics (PDF Book)
World Conquest: The United States’ Global Military Crusade (1945- )
Documentary Movie “Ukraine: Masks of the Revolution” (2016, by Paul Moreira)
“Welcome to Nulandistan: Propaganda and the Crisis in Ukraine” (Documentary Movie, 2014)