Congressional Apportionment Amendment
Eugene Martin LaVergne, a former attorney claims to have found evidence that the entire proposed Bill of Rights, including this proposed amendment, was ratified by Connecticut in 1790. As such, Kentucky's 1792 ratification would have been sufficient for the amendment to meet the constitutional requirement to become part of the Constitution. However, according to LaVergne the Connecticut ratification was never forwarded to Congress for action. LaVergne argued the point in a lawsuit against a number of federal officials, but the case was dismissed. The dismissal was summarily affirmed per curiam by the United States Court of Appeals for the Third Circuit, ending the case.