Southern Congressional Representatives Challenged by Malapportionment Civil Action

Asa Gordon

Now pending before the  United States District Court  is a Civil Action that challenges the Constitutional legitimacy of  several Southern Representatives membership in the 112th Congress of the United States. 

Gordon et al v. Clerk, US House of Representatives, (Case: 1:11-cv-00003) filed Jan. 3rd, 2011 by the Chair of the DC Statehood Green Party Electoral College Task Force, Asa Gordon, seeks to enforce the US Constitution's Malapportionment Penalty (14th Amendment to the United States Constitution, Section 2), which mandates a reduction of a state's presidential electors and congressional representatives ("the basis of representation therein shall be reduced") if "the right to vote at any election for the choice of electors for President and Vice President of the United States... is denied... or in any way abridged."  

In the civil action cited above, Plaintiffs sought to enjoin the Clerk of the  House of Representatives from recognizing the full slate of Congressional representatives from "unbounded Southern electoral states."  Plaintiffs requested that the Court take judicial notice that Arkansas, Georgia, Louisiana, Tennessee, Texas are "unbound presidential elector states."  These "unbound" electoral states, following the general presidential election of November 4, 2008, allocated their presidential electors on a "winner take all" basis wherein there exists no "winner take all" election statute. These states have in effect disenfranchised the citizens of the state who voted for the presidential electors pledged to any candidate with less than the popular majority vote.

These Southern states in particular, which awarded all of their unbounded presidential electors by "winner take all" provisions not grounded in any state or federal law, have engaged in de-facto disenfranchisement of those electors of the state based on the votes of the states' African-American citizens. The suit sought a temporary restraining order or, in the alternative, a preliminary injunction prohibiting the Clerk from including the full slate of unbounded electoral states' Congressional representatives, which are subject to the malapportionment penalty in the Fourteenth Amendment to the United States Constitution.  

        The Civil Action avers that the Constitution requires  that unbounded  Southern  States allocate their presidential electors in proportion to the popular vote split or suffer the federal statutory mandate to reduce the states' representatives in Congress.  The 'winner take all" allocation of presidential electors triggers the malapportionment penalty of Section 2 of the 14th Amendment (Amend.14§2) as implemented by the "Reduction of representation" federal statute Section 6 of title 2 of the United States Code (2USC§6). The "reduction of representation" statute creates a remedy for the abridgment in the right "to vote at any election for the choice of electors for President and Vice-President of the United States." 

        The original intent of the Reconstruction Amendment (Amend.14§2), as implemented by 2USC§6, was to place a ruinous penalty on those former confederate states that would effect "minority vote dilution."  It took over a century to properly enforce section 1 of the 14th Amendment.  Let us not allow another century to pass before enforcing Section 2.

GORDON vs CHENEY/BIDEN  1/28/2008-10 addressed the malapportionment of the Electoral College , now  GORDON et.al. vs CLERK HOR 1/3/2011 addresses the malapportionment of  congress. 

In a letter to John Boehner, Speaker of the U.S. House of Representatives, The DC Statehood Green Party (DCSGP), proposes that the Speaker form a House Committee of Congressional Legitimacy to study and recommend House Rules and procedures to ensure that in this and subsequent sessions of the House that all members to the House are in full compliance with the US Constitution and the US Code . In a companion letter to the Honorable Karen L. Haas, Clerk of the U.S. House of Representatives, The DC Statehood Green Party requests that the Clerk advise the Party as to how the Office of the Clerk views its responsibility in this matter.  Specifically, the Party seeks information regarding House of Representatives procedures for recognizing House members from any state that may be subject to the Constitutional mandate for a "Reduction of Representation," and legally subject to the requirements of 2 US Code  pursuant to  2USC §6. 

In recent developments two Louisiana voters, filed a Motion to Intervene as co-plaintiffs  with a plea to "permit the Intervenors to adopt the existing pleadings, briefs and legal arguments by Plaintiffs". In response, the Defendant represents to the court that the Defendant "takes no position on the Motion to Intervene as Co-Plaintiffs" taking exception that the Intervenors have not been   “given an unconditional right to intervene by a federal statute”.

All court pleadings, videos, press releases and essays are available at http://www.electors.us . 

FACEBOOK: http://www.causes.com/causes/343177-democratizing-the-electoral-college

"Democratize The Electoral College" Published: in the Wednesday, February 17, 2010 edition of the Atlanta Daily World.

http://www.atlantadailyworld.com/articles/2010/02/22/viewpoints/doc4b7afa734a47e762104017.prt
http://www.nomorestolenelections.org/news/gordon_democratize_electoral_college
http://www.democracysquare.org/news/gordon_democratize_electoral_college