You know the First Amendment, right? It’s the one about free speech, freedom of assembly, and freedom of religion, right?

Nope. I am talking about the First Amendment. That is, the original First Amendment. And it was not about these freedoms—vital as they are—but rather about adequate representation in Congress.

A primary concern among some of the framers was that we would have enough people in the House to speak for the number of people they represented as adequately as possible. For, the larger a body of people to speak for, the less one person truly represents them. This means, therefore, that if we desire more accurate representation, we should have smaller constituencies. This means more districts and more representatives.

Sure enough, under the original First Amendment, instead of only 435 Representatives in Congress—as it has been since the Permanent Apportionment Act of 1929—we would have as many as 6,000. This is because the original First Amendment in the original Bill of Rights allowed for one Representative for every 50,000 people in the population ad infinitum.

 

Continue reading →