The Representation Amendment Allows a Doomed House Vote on Packing the Supreme Court

“I have no plan to bring it to the floor,” stated Speaker of the House Nancy Pelosi. The “it” Pelosi references is the Judiciary Act of 2021, a two-page change to existing legislation to add four justices to the Supreme Court. The bill is beside the point, as is whether you support the proposal or not. Where is your representation if one person chooses whether your congressperson can vote on a bill?

The bill, introduced by Senator Markey of Massachusetts, falls within the legitimate territory of Congress. Congress sets the number of seats on the Supreme Court, and this bill is exactly how Congress amends the number of seats. The Senate bill has support from members of the House.

However, as of right now, the Senate bill is dead on arrival in the House because of just one person, Nancy Pelosi. One may speculate on a reason, since surely Pelosi has no problem shifting the majority of votes to the liberal side. The most likely reason is she realizes her odds of success are very low now but might be higher later, if she waits. But, again, beside the point.

The Speaker of the House wields great power over the bills that come to the floor in the House. Your representative votes only on the bills the Speaker of the House wants your representative to vote on. The power to control what bills representatives vote on allows the Speaker to choose the most politically advantageous time for that vote. This power advances the agenda of the political party controlling the House. But is this not the “playing politics” we find ourselves so often denouncing?

Harder to Control Legislation

The Representation Amendment makes controlling legislation in the House difficult by expanding the number of House seats into the thousands. The book, The Representation Amendment (Because we don’t have enough people in Congress and the people already there are the wrong ones), explores how the House functions with so many members. Suffice it to say, no one person, even the Speaker, has the ability to block any piece of legislation.

Any House member can submit a bill under the proposed House rules. Through an automated, non-political ratings system, bills that meet certain criteria come to the floor for a vote. If the majority wishes to change the number of justices on the Supreme Court, so be it. Provided, of course, that the Senate, with its states’ ambassadors, agree.

States' Interest in the Supreme Court

The Senate, following ratification of the Representation Amendment, consists of ambassadors from the states. Would the legislature of the state of Massachusetts have directed one of its ambassadors to introduce the Judiciary Act of 2021? Maybe, and maybe not, but to do so would be entirely within their prerogative. States bring cases before the Supreme Court and therefore have a vested interest in the make-up of the court. Let the states have a say in determining their fate with the Representation Amendment.

Judiciary Act of 2021 Fails

Were the Judiciary Act of 2021 to be proposed in the Representation Congress today, it would fail. Supporters of the cause have yet to convince the American people the need for thirteen Supreme Court justices exists. However, since the proposed House rules allow any member to file a bill at any time, supporters of the Judiciary Act of 2021 can keep plugging away at it. When the American people see the need for thirteen justices, the Representation House will pass the bill.

Following ratification of the Representation Amendment, you will be better represented in Congress. If your representative wants to propose changing the number of seats on the Supreme Court, that bill should be evaluated by the full House. If the majority agrees, the bill goes to the Senate, where you are represented as a resident of your state. If a majority of the ambassadors to the states agree, the bill goes to the president for a signature of a veto.