Article The First
Encyclopedia
Article the First is the first proposed amendment to the United States Constitution
though it has not yet been ratified. It was the first of twelve amendments produced by the 1st Congress on September 25, 1789, and submitted to the state legislatures for ratification pursuant to Article V
of the Constitution.
for every 30,000 of the state's persons. While it was between 3 and 4 million, the total number of representatives would be at least 100. While it was between 4 and 8 million, each state's representation in the House would be re-calculated with (at least) one Representative for every 40,000 of the state's persons; however, the total number of U.S. Representatives must still be at least 100.
If the total number of U.S. Representatives would amount to more than 200, then each state's representation in the House would be re-calculated as (at most) one Representative for every 50,000 of the state's persons; however, the total number of U.S. Representatives must still be at least 200.
Were the amendment ratified while the 2010 United States Census population figure of 308,745,538 was current, the 1:50,000 Representative to constituent ratio maximum would allow up to 6175 Representatives. This is more than 14 times the number of 435 set in Public Law 62-5
, which as of the 2010 Census translated on average to each Representative in Congress representing 709,760 persons . However, Public Law 62-5
is not any different in wording or scope than the previous reapportionment acts of 1881, 1891, and 1901. It was anticipated that the House would continue to grow every 10 years following each census; that there would be a new "reapportionment act" after each census as there had always been.
When the U.S. population was between 8 and 10 million, the maximum number of representatives would be less than the minimum.
The 2010 Census figure would then equate to a district size of 190,000, with roughly 1,625 U.S Representatives.
, amendments properly addressing the issue were produced by both the House and the Senate
, each providing for a minimum representation based on the expanding population of the nation, but a joint House-Senate committee, assigned the duty of compromising between the two versions, substituted the word 'more' for the word 'less,' perhaps crippling, if not reversing the intent of the amendment after the membership of the House would have increased to a level of 200.
The original object of broader representation was compromised in the ratifying conventions in order to set forth a more concise request for amendment and, perhaps at the same time, to weaken it. Article the First was requested even ahead of a demand for what ultimately became the Bill of Rights
. The electorate were concerned about both the size of electoral districts and the term of office in their House of Representatives. They wanted these districts to remain small and the term of office to remain brief, to better enable them to quickly remove representatives that did not act in such a way as the people desired. The people of the nation were already averse to constituencies (representative districts) as large as thirty thousand and there was much controversy over the issue during the ratification process. What would become Article the First and other amendments were called for by James Madison in the House on June 8, 1789. Madison's proposed text of the amendment was as follows:
What emerged as the final House version of the amendment was as follows (emphasis added):
Such language if interpreted as an algorithm would have created a membership in today's House of 1600 members. If interpreted as a static minimum number of representatives the language would create a House of 6000 members with today's population. That text (with the word "less") stands as the official House version of the amendment before the alteration by the joint committee.
The Senate took up the measure on September 2, 1789 and were resolved as to the following:
This language would have set the membership of today's House at either 800 (if the amendment were interpreted to define an algorithm) or 5,000 if the amendment were interpreted as a static minimum.
There is much speculation as to why the amendment was altered as it was when neither the House or Senate versions of the amendment had any such a limitation.
By 1791, the legislatures of a sufficient number of states had ratified the last ten of the twelve proposed amendments, which became the Bill of Rights, but not the first two.
The second of the twelve amendments, which concerned Congressional compensation, was ratified more than two centuries later in 1992 and belatedly became the Twenty-seventh Amendment
.
Article the First, however, was ratified by the legislatures of only the following eleven states—just shy of the number required in the late 18th century.
Although the act, on the part of state legislatures, of "rejecting" a proposed constitutional amendment has no legal recognition, such action does have political implications—the Congressional Apportionment Amendment was rejected by lawmakers in Delaware
on January 28, 1790.
No action is known to have occurred with regard to this particular Amendment by legislators in Connecticut
, Georgia
or Massachusetts
.
According to the Supreme Court
's 1939 ruling in Coleman v. Miller
, because there is no deadline for its ratification, Article the First is technically still pending before state lawmakers. Today, with 50 states in the Union, the legislatures of 27 more states, for a total of 38, would have to ratify the Amendment in order for it to become part of the federal Constitution. Based on the current U.S. population
and the traditions governing the size of the House of Representatives, it is unlikely, however, that the legislatures of any additional states will approve it.
Currently, there are 435 members of the House of Representatives and six non-voting Delegates
from the District of Columbia and the territories, which do not possess statehood status. The figure of 435 is set by statute (2 U.S.C. 2a & 2b) and the allocation of seats among the 50 states is calculated by using "method of equal proportions". The present statutes would comply with the article's final language so long as there are at least 50,000 people in each Congressional district; as apportioned after the 2000 census
, even the smallest district (the lone district of Wyoming
) far exceeds this number. Therefore, ratification of this article today would have no impact on the present Congressional apportionment process
, though it could impact future changes to the process.
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
though it has not yet been ratified. It was the first of twelve amendments produced by the 1st Congress on September 25, 1789, and submitted to the state legislatures for ratification pursuant to Article V
Article Five of the United States Constitution
Article Five of the United States Constitution describes the process whereby the Constitution may be altered. Altering the Constitution consists of proposing an amendment and subsequent ratification....
of the Constitution.
Text
Analysis
Under the terms of the proposed amendment, while the U.S. population was below 3 million, each state would initially receive one Representative in the United States House of RepresentativesUnited States House of Representatives
The United States House of Representatives is one of the two Houses of the United States Congress, the bicameral legislature which also includes the Senate.The composition and powers of the House are established in Article One of the Constitution...
for every 30,000 of the state's persons. While it was between 3 and 4 million, the total number of representatives would be at least 100. While it was between 4 and 8 million, each state's representation in the House would be re-calculated with (at least) one Representative for every 40,000 of the state's persons; however, the total number of U.S. Representatives must still be at least 100.
If the total number of U.S. Representatives would amount to more than 200, then each state's representation in the House would be re-calculated as (at most) one Representative for every 50,000 of the state's persons; however, the total number of U.S. Representatives must still be at least 200.
Were the amendment ratified while the 2010 United States Census population figure of 308,745,538 was current, the 1:50,000 Representative to constituent ratio maximum would allow up to 6175 Representatives. This is more than 14 times the number of 435 set in Public Law 62-5
Public Law 62-5
-Subsequent apportionment:For the first and only time, Congress failed to pass an apportionment act after the 1920 census. This left the allocations of the Act of 1911 in place until the 1930 census. The Reapportionment Act of 1929 established a method for reallocating seats among the states,...
, which as of the 2010 Census translated on average to each Representative in Congress representing 709,760 persons . However, Public Law 62-5
Public Law 62-5
-Subsequent apportionment:For the first and only time, Congress failed to pass an apportionment act after the 1920 census. This left the allocations of the Act of 1911 in place until the 1930 census. The Reapportionment Act of 1929 established a method for reallocating seats among the states,...
is not any different in wording or scope than the previous reapportionment acts of 1881, 1891, and 1901. It was anticipated that the House would continue to grow every 10 years following each census; that there would be a new "reapportionment act" after each census as there had always been.
When the U.S. population was between 8 and 10 million, the maximum number of representatives would be less than the minimum.
Algorithmic Interpretation
If the single word "more" as altered by the joint Senate-House committee is changed back to "less" as was the text of the original formulation then it is possible to interpret this amendment as an algorithm that would have set a minimum representation for the people in their House of Representatives as the population of the nation increased.| Representatives | District Size (thousands) | Population Range (millions) |
|---|---|---|
| 0-100 | 30 | 0-3 |
| 100-200 | 40 | 4-8 |
| 200-300 | 50 | 10-15 |
| 300-400 | 60 | 18-24 |
| 400-500 | 70 | 28-35 |
| 500-600 | 80 | 40-48 |
| 600-700 | 90 | 54-63 |
| 700-800 | 100 | 70-80 |
| 800-900 | 110 | 88-99 |
| 900-1000 | 120 | 108-120 |
| 1000-1100 | 130 | 130-143 |
| 1100-1200 | 140 | 154-168 |
| 1200-1300 | 150 | 180-195 |
| 1300-1400 | 160 | 208-224 |
| 1400-1500 | 170 | 238-255 |
| 1500-1600 | 180 | 270-288 |
| 1600-1700 | 190 | 304-323 |
| 1700-1800 | 200 | 340-360 |
The 2010 Census figure would then equate to a district size of 190,000, with roughly 1,625 U.S Representatives.
Purpose
This amendment was proposed as a means to ensure a minimum representation for the common people in the new government defined by United States Constitution. In the First Congress1st United States Congress
-House of Representatives:During this congress, five House seats were added for North Carolina and one House seat was added for Rhode Island when they ratified the Constitution.-Senate:* President: John Adams * President pro tempore: John Langdon...
, amendments properly addressing the issue were produced by both the House and the Senate
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
, each providing for a minimum representation based on the expanding population of the nation, but a joint House-Senate committee, assigned the duty of compromising between the two versions, substituted the word 'more' for the word 'less,' perhaps crippling, if not reversing the intent of the amendment after the membership of the House would have increased to a level of 200.
Background and history
The original drive for this amendment was aimed at controlling the size of electoral districts. The Federalists attempted and largely succeeded in defusing the issue through their acquiescence to amendments concerning the matter beginning with the Massachusetts ratification convention. A version of Article the First was prominent among the initial twenty or so amendments that were defined by the various ratifying conventions—hence it is known as Article the First. The assurance that these amendments would be addressed in the First Congress was essential to the ratification of the new Constitutional government."By January 9, 1788, five states of the nine necessary for ratification had approved the Constitution: Delaware, Pennsylvania, New Jersey, Georgia, and Connecticut. But the eventual outcome remained uncertain in pivotal states such as Massachusetts, New York, and Virginia. On February 6, with Federalists agreeing to recommend a list of amendments amounting to a bill of rights, Massachusetts ratified by a vote of 187 to 168...
In the next 2 months, thanks largely to the efforts of MadisonJames MadisonJames Madison, Jr. was an American statesman and political theorist. He was the fourth President of the United States and is hailed as the “Father of the Constitution” for being the primary author of the United States Constitution and at first an opponent of, and then a key author of the United...
and HamiltonAlexander HamiltonAlexander Hamilton was a Founding Father, soldier, economist, political philosopher, one of America's first constitutional lawyers and the first United States Secretary of the Treasury...
in their own states, Virginia and New York both ratified while adding their own amendments. The margin for the Federalists in both states, however, was extremely close. Hamilton figured that the majority of the people in New York actually opposed the Constitution, and it is probable that a majority of people in the entire country opposed it. Only the promise of amendments had ensured a Federalist victory..
The original object of broader representation was compromised in the ratifying conventions in order to set forth a more concise request for amendment and, perhaps at the same time, to weaken it. Article the First was requested even ahead of a demand for what ultimately became the Bill of Rights
United States Bill of Rights
The Bill of Rights is the collective name for the first ten amendments to the United States Constitution. These limitations serve to protect the natural rights of liberty and property. They guarantee a number of personal freedoms, limit the government's power in judicial and other proceedings, and...
. The electorate were concerned about both the size of electoral districts and the term of office in their House of Representatives. They wanted these districts to remain small and the term of office to remain brief, to better enable them to quickly remove representatives that did not act in such a way as the people desired. The people of the nation were already averse to constituencies (representative districts) as large as thirty thousand and there was much controversy over the issue during the ratification process. What would become Article the First and other amendments were called for by James Madison in the House on June 8, 1789. Madison's proposed text of the amendment was as follows:
"After the first actual enumeration, there shall be one Representative for every thirty thousand, until the number amounts to [first blank], after which the proportion shall be so regulated by Congress, that the number shall be not less than [second blank], nor more than [third blank], but each state shall after the first enumeration, have at least two representatives ."
What emerged as the final House version of the amendment was as follows (emphasis added):
"After the first enumeration required by the first article of the Constitution, there shall be one Representative for every thirty thousand, until the number shall amount to one hundred, after which the proportion shall be so regulated by Congress, that there shall be not less than one hundred Representatives, nor less than one Representative for every forty thousand persons, until the number of Representatives shall amount to two hundred; after which the proportion shall be so regulated by Congress, that there shall not be less than two hundred Representatives, nor less than one Representative for every fifty thousand persons"
Such language if interpreted as an algorithm would have created a membership in today's House of 1600 members. If interpreted as a static minimum number of representatives the language would create a House of 6000 members with today's population. That text (with the word "less") stands as the official House version of the amendment before the alteration by the joint committee.
The Senate took up the measure on September 2, 1789 and were resolved as to the following:
"After the first enumeration, required by the first article of the Constitution, there shall be one Representative for every thirty thousand, until the number shall amount to one hundred, to which number one representative shall be added for every subsequent increase of forty thousand, until representatives shall amount to two hundred, to which one representative shall be added for every subsequent increase of sixty thousand."
This language would have set the membership of today's House at either 800 (if the amendment were interpreted to define an algorithm) or 5,000 if the amendment were interpreted as a static minimum.
There is much speculation as to why the amendment was altered as it was when neither the House or Senate versions of the amendment had any such a limitation.
By 1791, the legislatures of a sufficient number of states had ratified the last ten of the twelve proposed amendments, which became the Bill of Rights, but not the first two.
The second of the twelve amendments, which concerned Congressional compensation, was ratified more than two centuries later in 1992 and belatedly became the Twenty-seventh Amendment
Twenty-seventh Amendment to the United States Constitution
The Twenty-seventh Amendment prohibits any law that increases or decreases the salary of members of the Congress from taking effect until the start of the next set of terms of office for Representatives...
.
Article the First, however, was ratified by the legislatures of only the following eleven states—just shy of the number required in the late 18th century.
- New JerseyNew JerseyNew Jersey is a state in the Northeastern and Middle Atlantic regions of the United States. , its population was 8,791,894. It is bordered on the north and east by the state of New York, on the southeast and south by the Atlantic Ocean, on the west by Pennsylvania and on the southwest by Delaware...
on November 20, 1789 - MarylandMarylandMaryland is a U.S. state located in the Mid Atlantic region of the United States, bordering Virginia, West Virginia, and the District of Columbia to its south and west; Pennsylvania to its north; and Delaware to its east...
on December 19, 1789 - North CarolinaNorth CarolinaNorth Carolina is a state located in the southeastern United States. The state borders South Carolina and Georgia to the south, Tennessee to the west and Virginia to the north. North Carolina contains 100 counties. Its capital is Raleigh, and its largest city is Charlotte...
on December 22, 1789 - South CarolinaSouth CarolinaSouth Carolina is a state in the Deep South of the United States that borders Georgia to the south, North Carolina to the north, and the Atlantic Ocean to the east. Originally part of the Province of Carolina, the Province of South Carolina was one of the 13 colonies that declared independence...
on January 19, 1790 - New HampshireNew HampshireNew Hampshire is a state in the New England region of the northeastern United States of America. The state was named after the southern English county of Hampshire. It is bordered by Massachusetts to the south, Vermont to the west, Maine and the Atlantic Ocean to the east, and the Canadian...
on January 25, 1790 - New YorkNew YorkNew York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...
on March 27, 1790 - Rhode IslandRhode IslandThe state of Rhode Island and Providence Plantations, more commonly referred to as Rhode Island , is a state in the New England region of the United States. It is the smallest U.S. state by area...
on June 15, 1790 - PennsylvaniaPennsylvaniaThe Commonwealth of Pennsylvania is a U.S. state that is located in the Northeastern and Mid-Atlantic regions of the United States. The state borders Delaware and Maryland to the south, West Virginia to the southwest, Ohio to the west, New York and Ontario, Canada, to the north, and New Jersey to...
on September 21, 1791 (after rejecting it on March 10, 1790) - VirginiaVirginiaThe Commonwealth of Virginia , is a U.S. state on the Atlantic Coast of the Southern United States. Virginia is nicknamed the "Old Dominion" and sometimes the "Mother of Presidents" after the eight U.S. presidents born there...
on October 25, 1791 (a few weeks prior to the date on which Virginia ratified what is today the 27th Amendment as well as those ten amendments that became the Bill of Rights on December 15 of that year) - VermontVermontVermont is a state in the New England region of the northeastern United States of America. The state ranks 43rd in land area, , and 45th in total area. Its population according to the 2010 census, 630,337, is the second smallest in the country, larger only than Wyoming. It is the only New England...
on November 3, 1791 and - KentuckyKentuckyThe Commonwealth of Kentucky is a state located in the East Central United States of America. As classified by the United States Census Bureau, Kentucky is a Southern state, more specifically in the East South Central region. Kentucky is one of four U.S. states constituted as a commonwealth...
on June 24, 1792
Although the act, on the part of state legislatures, of "rejecting" a proposed constitutional amendment has no legal recognition, such action does have political implications—the Congressional Apportionment Amendment was rejected by lawmakers in Delaware
Delaware
Delaware is a U.S. state located on the Atlantic Coast in the Mid-Atlantic region of the United States. It is bordered to the south and west by Maryland, and to the north by Pennsylvania...
on January 28, 1790.
No action is known to have occurred with regard to this particular Amendment by legislators in Connecticut
Connecticut
Connecticut is a state in the New England region of the northeastern United States. It is bordered by Rhode Island to the east, Massachusetts to the north, and the state of New York to the west and the south .Connecticut is named for the Connecticut River, the major U.S. river that approximately...
, Georgia
Georgia (U.S. state)
Georgia is a state located in the southeastern United States. It was established in 1732, the last of the original Thirteen Colonies. The state is named after King George II of Great Britain. Georgia was the fourth state to ratify the United States Constitution, on January 2, 1788...
or Massachusetts
Massachusetts
The Commonwealth of Massachusetts is a state in the New England region of the northeastern United States of America. It is bordered by Rhode Island and Connecticut to the south, New York to the west, and Vermont and New Hampshire to the north; at its east lies the Atlantic Ocean. As of the 2010...
.
According to the Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
's 1939 ruling in Coleman v. Miller
Coleman v. Miller
Coleman v. Miller, is a landmark decision of the United States Supreme Court which clarified that if the Congress of the United States—when proposing for ratification an amendment to the United States Constitution pursuant to Article V thereof—chooses not to specify a deadline within...
, because there is no deadline for its ratification, Article the First is technically still pending before state lawmakers. Today, with 50 states in the Union, the legislatures of 27 more states, for a total of 38, would have to ratify the Amendment in order for it to become part of the federal Constitution. Based on the current U.S. population
Demographics of the United States
As of today's date, the United States has a total resident population of , making it the third most populous country in the world. It is a very urbanized population, with 82% residing in cities and suburbs as of 2008 . This leaves vast expanses of the country nearly uninhabited...
and the traditions governing the size of the House of Representatives, it is unlikely, however, that the legislatures of any additional states will approve it.
Currently, there are 435 members of the House of Representatives and six non-voting Delegates
Delegate (United States Congress)
A delegate to Congress is a non-voting member of the United States House of Representatives who is elected from a U.S. territory and from Washington, D.C. to a two-year term. While unable to vote in the full House, a non-voting delegate may vote in a House committee of which the delegate is a member...
from the District of Columbia and the territories, which do not possess statehood status. The figure of 435 is set by statute (2 U.S.C. 2a & 2b) and the allocation of seats among the 50 states is calculated by using "method of equal proportions". The present statutes would comply with the article's final language so long as there are at least 50,000 people in each Congressional district; as apportioned after the 2000 census
United States Census, 2000
The Twenty-second United States Census, known as Census 2000 and conducted by the Census Bureau, determined the resident population of the United States on April 1, 2000, to be 281,421,906, an increase of 13.2% over the 248,709,873 persons enumerated during the 1990 Census...
, even the smallest district (the lone district of Wyoming
Wyoming
Wyoming is a state in the mountain region of the Western United States. The western two thirds of the state is covered mostly with the mountain ranges and rangelands in the foothills of the Eastern Rocky Mountains, while the eastern third of the state is high elevation prairie known as the High...
) far exceeds this number. Therefore, ratification of this article today would have no impact on the present Congressional apportionment process
United States congressional apportionment
United States congressional apportionment is the process by which seats in the United States House of Representatives are redistributed amongst the 50 states following each constitutionally mandated decennial census. Each state is apportioned a number of seats which approximately corresponds to its...
, though it could impact future changes to the process.
Amendments requested
Madison on constituency size
"Should Experience or public opinion require an equal and universal suffrage for each branch of the Government such as prevails generally in the U.S., (then) a resource favorable to the rights of landed and other property, when its possessors become the Minority, may be found in the enlargement of the Election Districts for one branch of the Legislature and a prolongation of its period of service. Large districts are manifestly favorable to the election of persons of general respectability, and of probable attachment to the rights of property, over competitors depending on the personal solicitations practicable on a contracted theater. And although an ambitious candidate, of personal distinction, might occasionally recommend himself to popular choice by espousing a popular though unjust object, it might rarely happen to many districts at the same time. The tendency of a longer period of service would be, to render the Body more stable in its policy, and more capable of stemming popular currents taking a wrong direction, till reason and justice could regain their ascendancy.
Should even such a modification as the last be deemed inadmissible, and universal suffrage and very short periods of elections within contracted spheres be required for each branch of the Government, the security for the holders of property when the minority, can only be derived from the ordinary influence possessed by property, and the superior information incident to its holders; from the popular sense of justice enlarged and by a diffusive education; and from the difficulty of combining and effectuating unjust purposes throughout an extensive country; a difficulty essentially distinguishing the U.S. and even most of the individual States, from the small communities where a mistaken interest or contagious passion, could readily unite a majority of the whole under a factious leader in trampling on the rights of the Minor party".
See also
- List of amendments to the United States Constitution
- List of proposed amendments to the United States Constitution
- United States congressional apportionmentUnited States congressional apportionmentUnited States congressional apportionment is the process by which seats in the United States House of Representatives are redistributed amongst the 50 states following each constitutionally mandated decennial census. Each state is apportioned a number of seats which approximately corresponds to its...
External links
- U.S. Constitution
- The Constitution of the United States of America: Analysis and Interpretation is available at:
- GPO Access - Official version of the document at the U.S. Government Printing Office.
- FindLaw – FindLawFindLawFindLaw is a business of Thomson Reuters that provides online legal information and online marketing services for law firms. FindLaw was created by Stacy Stern, Martin Roscheisen and Tim Stanley in 1995, and was acquired by Thomson West in 2001....
's version of the official document; incorporates 1996 and 1998 supplements into text, but does not include prefatory material included in official version.