The following are Facts…not myth, not misinformation…Facts.




FACT -  In the period between 09/24/1789 and 12/31/1792, 12 of the then 15 States voted affirmatively to ratify “Article the First” of the proposed “Articles of Amendment to the Constitution”…what we, today, refer to as “The Bill of Rights”.




FACT – The language voted on September 24th (HOUSE) and September 25th (SENATE) was incorrectly transcribed in the “copies” sent to the States for ratification, with several known differences even between the several copies.




FACT -  The original and “correct” language as recorded by Senate Leader Oliver Ellsworth of Connecticut – in his own hand, and as party to the bicameral committee of three Representatives and three Senators recommending the last-minute change to the original language as proposed by Fisher Ames of Massachusetts, reads as follows…




“The Committees were also of opinion that it would be proper for both houses to agree to amend the first Article by striking out the word “less” in the last line but one, and inserting in its place the word “more“, and accordingly recommend that the said Article be reconsidered for the purpose”





FACT – An error by the then Clerk of the House,Beckley, caused the change to be made “in the last place of the last line” in the “copies” distributed for review to the several States’ Legislatures.








FACT – While this certainly changes the meaning of the Article from the reader’s perspective, it does not, as a matter of the Constitutional law-making process, change the language as voted in Congress – which IS the law, once ratified.  A clerical error, or “scrivener’s error”, does not negate the intent of the legislation.




FACT -  The language of Article the First indicated that, once the body of the House surpassed 200 members, the size limit of Congressional Districts was raised to 50,000 persons per district…not voters, persons.




What does that mean to us, today, with a population of 333,000,000 at the last decennial census?




FACT – Frankly, it means we are presently required to have 6189 Representatives in Congress under our own Constitution.  (not interpretation, merely simple mathematics)




FACT -  Every single member of the House and Senate, each sitting Justice on the Supreme Court, every single Federal, State, and County official,  each judge in every courtroom, all the members of the Executive Branch, and all of our military, swear an oath to uphold/protect/defend the Constitution of the United States against all enemies, foreign and domestic.  They swore to protect it “as it is”, not as they might “like” it to be.




I specifically call to your attention the head of the Department of Commerce, whose duty it is presently to set the Apportionment of the House of Representatives.




FACT  -  Having so sworn, and with the knowledge that Article the First is indeed ratified, a failure to APPLY this Amendment, which, until a further amendment is passed and ratified by at least 75% of the present States’ Legislatures (whose members have ALSO all sworn to uphold the Constitution “as it is”), would be a violation of that oath, and cause for removal from office by “We, the People”.




FACT – The Department of Commerce, who is charged with setting the Apportionment of the House, the counsel for the House of Representatives, the counsel for the Speaker of the House, and the Federal Courts, have all been aware of this since 12/6/2011, when the original suit was filed in New Jersey to bring this to the attention of the Court.




FACT – The lawsuit, “LaVergne v Bryson, et al”, Federal Docket # 12-1171, clearly demonstrates the necessary proof of ratification AND clearly documents the “scrivener’s error”.




It is only with willful MIS-interpretation that the case has been kept from the public.




You don’t need to secede to recover those rights you already own…and you have a right to responsible, PROPORTIONAL Representation in Congress.  Your Constitution guarantees it, and has for over 220 years.




Frederick John LaVergne, “Democratic-Republican” for Congress, NJ 2014


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