On September 25,1788 twelve proposed amendments to the Constitution were submitted to the states for ratification. Contrary to what you may believe the first proposed amendment dealt  how the House of Representatives would be apportioned.

The proposed amendment would have limited the size of Congressional Districts to no more than fifty-thousand inhabitants.

In order to be ratified the amendment would have needed the approval of three-fourths of the 13 states. It took 9 states to ratify the Constitution, so it presumably would also have taken the same number of states to ratify the originally proposed First Amendment.

  1. New Jersey: November 20, 1789
  2. Maryland: December 19, 1789
  3. South Carolina: January 19, 1790
  4. New Hampshire: January 25, 1790
  5. New York: February 24, 1790
  6. Pennsylvania: September 21, 1791 (after rejecting it on March 10, 1790)
  7. Virginia: November 3, 1791

This proposed amendment is still pending and only four states that existed when the amendment was proposed to the states have not yet ratified the originally proposed First Amendment.

If any two of the following four states (Connecticut, Delaware, North Carolina and Rhode Island). decide to ratify the amendment it tomorrow it would become the 28th Amendment.

By limiting the size of Congressional Districts to no more than 50,000 the voice of the people would once again be heard and the abuse of power by Congress could be restrained..

I believe that the only states that had a right to vote on the ratification of the amendment were the 11 states that had already ratified the Constitution and and the states of North Carolina and Rhode Island that had not yet ratified the Constitution,.

It is extremely unlikely that politically appointed lawyers on the Supreme Court will agree with my opinion, but who should decide, "We the People" of he states,  or the Supreme Court Justices?  

Powers not granted to the government of the United States that are not prohibited to the states are reserved to the states and the people. The Supreme Court has no Constitutional authority to prevent the states from exercising their reserved powers.

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