Fred-Rick
3 min readApr 28, 2022

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Good reply, John. No changing of the US Constitution is required, however.

I am going to use an analogy for holding elections to explain the setup.

A Color-Me Book is the analogy.

In the US Constitution, the Color-Me Book for the Federal level comes with some areas colored in already.

Think two Senators per State, for instance. No State can make that three, four, or as many as they like. That has therefore been filled out already.

As a result, we have a single winner for each Senate seat, and this means in practice that we either use a red crayon or a blue crayon to fill in that spot. Some candidates are smart and call themselves independents, but the color they use is then purple (and not green, yellow, or orange).

In the US Constitution, the Color-Me Books for the State level come without any instructions, other than ‘do as you please’.

The State have all decided to use the winner-take-all format, so here, too, we see the red and blue crayons come out. At close range we see both colors clearly. At a distance, it starts to show all the colors between red and blue as well. Candidates adjust themselves to the level or red or blue in their areas.

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And that’s it. The US Constitution does not say anything else about how to hold elections. Nothing, nada. Except for general considerations. Elections have to be fair, for instance, and we see a lot of time spent on districting because we have to follow that fairness rule.

There is nothing in the US Constitution for the third-level of government, the local level. But what it does say in the Ninth, Tenth, and Fourteenth Amendments is that the People are empowered, too. So we have a local situation in cities and counties where both the State and the People are Constitutionally empowered.

The State has created cities and counties, and they can have their Color-Me Books. But here is the trick: the State does not have the power to declare how to color in the Color-Me Books at the local levels. It was given the full right to do so only for itself.

At the local levels, the State has to consider the realm of the People, empowered by the US Constitution, and the State cannot deny or disparage rights held by the People. The US Constitution is mute about their power over third-level governments how the Color-Me Books must be filled out.

And that means that the US Constitution is in full effect — no exceptions granted, no special privileges granted to the State. The State must honor the US Constitution fully where they established a third-level government because they penetrated the realm of the People where they cannot do whatever they please.

The State declares what is verboten at the local level, and it is actually the State that is verboten to do so.

There is a legal precedent: interracial marriages.

The State (and city/county) governments in some places made it illegal for people of different races to marry. That got struck down because it was a penetration by the government into the realm of the people. What they said was verboten turned out to be something that was verboten for them to say.

When People vote at the local level, the People are empowered to get the best voting system in the world. Better still, the US Constitution says that the better voting system MUST be used. There is not even a choice. Only the fully-optimized form of representation will do, says the Bill of Rights, for the local level.

No need to change the US Constitution to start up the change.

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Fred-Rick
Fred-Rick

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