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 with 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 required three-fourths of the 13 states to ratify the amendment. It took 9 states to ratify the Constitution, so it would also have taken the same number of states to ratify the originally proposed First Amendment.
- New Jersey: November 20, 1789
- Maryland: December 19, 1789
- South Carolina: January 19, 1790
- New Hampshire: January 25, 1790
- New York: February 24, 1790
- Pennsylvania: September 21, 1791 (after rejecting it on March 10, 1790)
- Virginia: November 3, 1791
This proposed amendment is still pending and in my opinion if the legislatures of any two of the following four states were to change their vote like Pennsylvania did in 1791 the amendment would be lawfully ratified. If the legislatures of two of the following fur states that have not yet ratified the amendment decide to do so the amendment would be lawfully ratified. It is up to the legislatures of Connecticut, Delaware, North Carolina and Rhode Island to return the House of Representatives to the people by reducing the size of Congressional Districts to no more than 50,000 inhabitants.
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 t the states of North Carolina and Rhode Island.
It is extremely unlikely that politically appointed lawyers on the Supreme Court will agree with my opinion, but who should decide, “We the People” 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.