It's myopic to look solely at what occurred with the process of confirming judges. There are other problems that led up to this such as the decision in Bush vs. Gore. What's more, even if we gave Bush Florida, the House cap I don't believe is constitutional either, and Gore only needed a modest House size increase for the result to change. Republicans have also been relying on the courts to suppress the votes and turn the HoR into another Senate. They have also blocked the voters from information about Trump's criminality before Trump's midterm and presidential election and have a massively corrupt AG trying to engineer the coverup along with the Republican Congress.
While some of that (e.g. impeachment) blends into a political process, Republicans didn't want to do the right thing. Just because the Constitution allows them to ignore blatant corruption and criminality doesn't mean they should. And the same goes for Kavanaugh -- they decided perjuries don't matter anymore, and who woulda thunk it -- he revealed himself as a political operative in the Wisconsin case. I don't know in what world this is more acceptable than Democrats trying to bring sanity back into the federal government.
Because now there is almost a magnitude difference between the original ratios of the largest and smallest states, the 2 Senators per state proposition is comically bad. Republicans now removing some of the past norms (i.e. now we won't confirm any Democrat nominee for courts if they don't hold the Senate) is exposing how broken the system is, since it'll be much easier for Republicans to maintain a hold of the judiciary with that mindset. So we now have the majority of justices from presidents who couldn't win the popular vote and they are far to the right of the electorate. Democrats see a remedy with the trifecta option of expanding the court. I don't know why you would get upset at them trying to bring things back to a more sane balance.
"In the early years of the Republic, the population ratio of the most populated state, Virginia, and the least populated state, Delaware, was 12 to 1. In 2004 that ratio was an incredible 70 to 1 between California and tiny Wyoming. Therefore, the current Senate is absurdly skewed in the direction of the small states. Theoretically, if the twenty-six smallest states held together on all votes, they would control the U.S. Senate, with a total of just under 17 percent of the country's population!"
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The key to keep in mind is that under the Constitution's bicameral system for the legislature, nothing passes without Senate assent. Therefore, the Congress has a one-house veto on legislation, and to control the Senate is to control the legislative outcome, and indeed much of what the federal government actually does. James Madison foresaw this dilemma, and he vigorously argued, during the Constitutional Convention, for proportional representation by population in the Senate, not just the House. Madison's fears have been validated as the gap between small and large states has grown to the point that states with fifty-one times the population as others have the same representation.
“Our founders put the first amendment first for a reason. It protects all Americans’ right to free speech, regardless of political affiliation or views.” This statement was made by former Sen. Norm Coleman (R-MN) in 2007, but it expresses a commonly cited view among lawyers, judges, politicians...
centerforpolitics.org
In simple English, this amendment, properly interpreted (most agree that there’s a scrivener’s error in the final line), would have fixed the maximum size of a congressional district at 50,000 people. It should technically be part of the Constitution: It was ratified by the requisite number of states in June 1792, but for whatever reason, Connecticut’s vote to ratify the article was not recorded and was only later rediscovered. Indeed, there has been (unsuccessful) litigation to force the Archivist of the United States to do so.
With that said, it is probably just as well that it has never been recorded. We would be forced to choose between two bad options. First, we could allow the size of Congress to grow to over 6,100 members. When Congress was in session it would qualify as a top-20 city in eight states; California would have more than 700 representatives. The other option would have been to amend expressly our original Bill of Rights, a precedent we’ve thus far avoided.
Nevertheless, this article really was placed first for a reason. The debates over the ratification of the Constitution, as collected in the Federalist Papers and less-well-organized Anti-Federalist Papers, contain a surprising amount of discussion over the size of congressional districts (the Federalists argued that large districts were beneficial to avoid elections from turning into personality contests), and there was an implied promise contained in the ratification of the Constitution to pass an amendment regulating district size.
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Today a representative answers to over 700,000 constituents, well over 10 times the number of constituents deemed appropriate by the First Congress. While it seems unwise to adhere to the strict letter of Article the First, the time has likely come to abide by its spirit and increase the size the House.