State and Federal Legislative Bodies

[Keith Broaders]

The Federal Government was never delegated the authority to interfere with the right of the states to organize the composition of the state legislative bodies. Before the Supreme Court issued an opinion in the Baker v Carr and the Reynold v Sims opinion, the counties were represented in the state senate.

According to the Constitutions of the states, the people were to be represented in the state's legislative assembly and the counties were to be represented in the state's senate. The principle of one person one vote applies in the legislative assemblies, but does not apply in the senate. The state assembly is based on proportional representation while the state's senate is based on the equal representation of the counties. One person one vote in the assembly and one county one vote in the senate.

The states were supposed to be represented in the U.S. Senate and the counties were to be represented in state legislatures.

The Supreme Court ruled that it was unconstitutional for the states to apportion seats in their senate to counties state senate to counties and that both of the state's legislative houses must be apportioned on the basis of population. Rge justices reasoned people and not rocks, trees and rivers can not be represented at state level, but the same rocks, trees and rivers could be represented in the U.S. Senate.

The Supreme Court essentially rewrote the Constitutions of the states without the consent of the people. The court had no Constitutional jurisdiction to even hear the case, let alone rule on it.

Power and authority not granted to the Federal Government that is not prohibited to the states are reserved to the states and the people. The ruling was an example of the court legislating from the bench.  Of all legislative power is vested in the Congress, the Supreme Court has none.

[Keith Broaders]

If having the counties represented in the state legislatures is unconstitutional why is the equal representation of the states in the U.S. Senate not also unconstitutional?

[Keith Broaders]

Supreme Court rulings are opinions and are merely suggestions and the states can choose to accept or reject the opinions of the Supreme Court.

One of the rights reserved to the states is the right to organize their state legislatures according their pleasure.