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United States congressional apportionment
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United States congressional apportionment is the redistribution of the 435 seats in the United States House of Representatives among the 50 states in consequence of the constitutionally mandated decennial census. Each state is apportioned a number of seats which approximately corresponds to its share of the aggregate population of the 50 states (populations of Washington, D.C. and federal territories are not included in this figure). However, every state is constitutionally guaranteed at least one seat.
The decennial apportionment also determines the size of each state's representation in the United States Electoral College—any state's number of electors equals the size of its total congressional delegation (i.e., House seat(s) plus Senate seats).
Federal law requires the Clerk of the House to notify each state government of its entitled number of seats no later than January 25 of the year immediately following the census.

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United States congressional apportionment is the redistribution of the 435 seats in the United States House of Representatives among the 50 states in consequence of the constitutionally mandated decennial census. Each state is apportioned a number of seats which approximately corresponds to its share of the aggregate population of the 50 states (populations of Washington, D.C. and federal territories are not included in this figure). However, every state is constitutionally guaranteed at least one seat.
The decennial apportionment also determines the size of each state's representation in the United States Electoral College—any state's number of electors equals the size of its total congressional delegation (i.e., House seat(s) plus Senate seats).
Federal law requires the Clerk of the House to notify each state government of its entitled number of seats no later than January 25 of the year immediately following the census. After seats have been reapportioned, each state determines the boundaries of congressional districts—geographical areas within the state of approximately equal population—in a process called redistricting.
House size
Ratio of representation in the House, 1789–1923 | Years | Source | Constituents per Representative |
|---|
| 1789–1793 | U.S. Constitution | 30,000 | | 1793–1803 | U.S. Census of 1790 | 30,000 | | 1803–1813 | U.S. Census of 1800 | 33,000 | | 1813–1823 | U.S. Census of 1810 | 35,000 | | 1823–1833 | U.S. Census of 1820 | 40,000 | | 1833–1843 | U.S. Census of 1830 | 47,700 | | 1843–1853 | U.S. Census of 1840 | 70,680 | | 1853–1863 | U.S. Census of 1850 | 93,425 | | 1863–1873 | U.S. Census of 1860 | 127,381 | | 1873–1883 | U.S. Census of 1870 | 131,425 | | 1883–1893 | U.S. Census of 1880 | 151,912 | | 1893–1903 | U.S. Census of 1890 | 173,901 | | 1903–1913 | U.S. Census of 1900 | 194,182 | | 1913–1923 | U.S. Census of 1910 | 212,407 |
The size of the United States House of Representatives refers to total number of congressional districts (or seats) into which the land area of the United States proper has been divided. The number of voting representatives is currently set at 435.
The United States Constitution requires that
- The number of Representatives shall not exceed one for every thirty thousand, but each state shall have at least one Representative (Article I, Section 2, Paragraph 3)
Prior to the twentieth century, the number of representatives increased every decade as more states joined the union, and the population increased.
In 1911, Public Law 62-5 set the membership of the U.S. House at 433 with a provision to add one permanent seat each upon the admissions of Arizona and New Mexico as states. As provided, membership increased to 435 in 1912, where it has remained since, with a brief exception from 1959 to 1963 following the admissions of Alaska and Hawaii, during which House membership was 437.
The maximum of "one [Representative] for every thirty thousand" currently limits the House to about ten thousand members. The present size of 435 seats means one member represents on average about 650,000 people; but exact representation per member varies by state. Four states – Wyoming, Vermont, Alaska and North Dakota – currently have populations smaller than the average for a single district, though none has fewer than two-thirds of the average.
Proposals have been made to add voting representation for the District of Columbia, now represented only by a non-voting delegate (see below), who is not counted as one of the 435 House representatives. Recent bills, such as the District of Columbia House Voting Rights Act of 2007, would resolve the issue by permanently increasing House membership to 437. One of the new members would be from the District of Columbia; the other would be from the next state in line to receive another House seat (as described below), presently Utah.
Controversy
During the period that the current U.S. Constitution has been in effect, the number of citizens per congressional district has risen from an average of 30,000 in 1789 to over nearly 700,000 . It has been suggested that a new reapportionment act is needed to significantly raise the number of representatives toward the end of creating more equitable districts.
The ideal number of members has been a contentious issue since the country's founding. George Washington objected to the original number of Representatives proposed at the Constitutional Convention as being too small. In Federalist No. 55, James Madison argued that setting the initial number of Representatives at 65 was not a threat to liberty, stating, "I am unable to conceive that the people of America, in their present temper, or under any circumstances which can speedily happen, will choose, and every second year repeat the choice of, sixty-five or a hundred men who would be disposed to form and pursue a scheme of tyranny or treachery". Madison went on to argue that other constitutional safeguards, such as division of powers among the three branches of government and between the two houses of Congress, as well as the Article I, Section 6 provision banning Representatives from holding civil office, would be enough to prevent perfidy. Madison advocated keeping the number of Representatives within certain bounds:
- Nothing can be more fallacious than to found our political calculations on arithmetical principles. Sixty or seventy men may be more properly trusted with a given degree of power than six or seven. But it does not follow that six or seven hundred would be proportionably [sic] a better depositary. And if we carry on the supposition to six or seven thousand, the whole reasoning ought to be reversed. The truth is, that in all cases a certain number at least seems to be necessary to secure the benefits of free consultation and discussion, and to guard against too easy a combination for improper purposes; as, on the other hand, the number ought at most to be kept within a certain limit, in order to avoid the confusion and intemperance of a multitude. In all very numerous assemblies, of whatever character composed, passion never fails to wrest the sceptre from reason. Had every Athenian citizen been a Socrates, every Athenian assembly would still have been a mob.
Since each state is guaranteed one Representative under Article I, Section 2, Clause 3 of the U.S. Constitution, the minimum size of the House would be 50 Representatives. This would convert it into a non-proportional, U.S. Senate-like body. At the other extreme, because the number of Representatives cannot exceed one for every thirty thousand, the maximum number of Representatives at this time would be approximately 10,100.
The first proposed amendment to the Constitution attempted to set a pattern for growth of the House along with the population, but was never ratified.
Non-voting delegates
There are an additional five delegates to the House of Representatives. They represent the District of Columbia and the territories of American Samoa, Guam, the Northern Mariana Islands, which first elected a representative in 2008, and the U.S. Virgin Islands. Puerto Rico also elects a resident commissioner every four years.
History
The original size and apportionment of the House was set by Article One, Section 2, Clause 3 of the U.S. Constitution.
The last time the number of seats was increased, to 435, was in 1910. That number was later fixed by the Reapportionment Act of 1929 and the Apportionment Act of 1941.
For a brief period from 1959 to 1962, the admission of the states of Hawaii and Alaska to the United States required the temporary addition of two additional representatives for a new total of 437 voting seats. The number of seats reverted to 435 following reapportionment after the 1960 census.
Apportionment methods
Apart from the fact that the number of delegates is at least 1 for each state, as required by the Constitution, a state's number of representatives is in principle proportional to population (thus equalizing the size of congressional districts nationwide). No method of calculating this desired result, however, has been found perfectly satisfactory in practice. Five distinct methods have been used since the adoption of the Constitution, all of them susceptible to mathematical paradoxes.
The Method of Equal Proportions
The apportionment methodology currently used is the "Method of Equal Proportions" , so called because it guarantees that no additional transfer of a seat (from one state to another) will reduce the ratio between the numbers of persons per Representative in any two states. According to , the method of equal proportions minimizes the percentage differences in the size of the congressional districts.
In this method, as a first step, each of the 50 states is initially guaranteed at least one seat in the House of Representatives, leaving the remaining 385 seats to assign.
The remaining seats are allocated one at a time, to the state that "deserves" the next assigned seat the most. Thus, the 51st seat would go to the most populous state (currently California). The measure of how much a state "deserves" the next allocatable seat is determined by a priority formula that is mathematically computed to be the ratio of the state population to the geometric mean of the number of seats it currently holds in the assignment process, n (initially 1), and the number of seats it would hold if the seat were assigned to it, n+1. For instance, in the example above, California has already received a second seat and thus "deserves" another seat some measure less than it had before the second seat was assigned.
The formula for determining the priority of a state to be apportioned the next available seat defined by the method of equal proportions is
where P is the population of the state, and n is the number of seats it currently holds before the possible allocation of the next seat. An equivalent, recursive definition is
where n is still the number of seats the state has before allocation of the next, and for n = 1, the initial A1 is explicitly defined as
Consider the reapportionment following the 2000 U.S. Census. Beginning with all states initially being allocated one seat, the largest value of A1 corresponds to the largest state, California, which is allocated seat 51. But after being allocated its 2nd seat, its priority value decreases to its A2 value which is reordered to a position back in line. The 52nd seat goes to Texas, the 2nd largest state, because its A1 priority value is larger than the An of any other state. However, the 53rd goes back to California because its A2 priority value is larger than the An of any other state. The 54th seat goes to New York because its A1 priority value is larger than the An of any other state at this point. This process continues until all 435 seats have assigned (in 2000, just after the 13th seat for North Carolina was allocated, much to the chagrin of state officials in Utah). Each time a state is assigned a seat, n is incremented by 1, causing its priority value to be reduced and reordered among the states when normally another state rises to the top of the list.
The Census 2000 Ranking of Priority Values shows the order in which seats 51–435 were apportioned after the 2000 Census, with additional listings for the next five priorities. North Carolina was allocated the final (435th) seat. Utah (priority list 436) missed a fourth seat by only 857 residents. Legal action by Utah to amend the results, citing irregularities in the North Carolina count and undercounting of Utah's overseas missionary population (suggested to be as many as 14,000), was unsuccessful. The proposed Voting Rights Act of 2007 would have granted Utah a fourth seat, as well as a voting Representative to the District of Columbia, had it passed.
Past apportionments
Projected changes following the 2010 census
The U.S. Census Bureau will conduct a comprehensive census in April 2010. Based on the populations counted in each state, the United States Congress will be reapportioned based on the Equal Proportions Method defined above. The total number of voting representatives is expected to remain at 435, assuming no legislation passes that would modify the apportionment process. Since the Census Bureau releases population estimates every year, projections have been made that predict the states' populations as of April 2010. One study estimates that fourteen seats would shift between the states as follows:
The 10-year national growth rate is 12.5%. In this estimate, the population of states losing seats grew at a slower rate and the population of states gaining seats grew at a faster pace. Louisiana is the only state losing a seat that is estimated to have lost population between 2000 and 2010, significantly due to the exodus precipitated by the damage caused by Hurricane Katrina. The losing states are in the industrial northeast and midwest, while gainers are in the southeast, southwest and Pacific northwest.
Past increases
The size of the House has increased as follows:
1789-1800
| Date | Size | Comments |
|---|
| March 4, 1789 | 59 | Seats provided for in the Constitution. | | November 21, 1789 | 64 | North Carolina ratifies. Seats provided for in the Constitution. | | May 29, 1790 | 65 | Rhode Island ratifies. Seat provided for in the Constitution. | | March 4, 1791 | 67 | Vermont admitted. | | June 1, 1792 | 69 | Kentucky admitted. | | March 4, 1793 | 105 | Apportionment of the First Census. | | June 1, 1796 | 106 | Tennessee admitted. | |
1801-1820
| Date | Size | Comments |
|---|
| March 1, 1803 | 107 | Ohio admitted. | | March 4, 1803 | 142 | Apportionment of the Second Census. | | April 30, 1812 | 143 | Louisiana admitted. | | March 4, 1813 | 182 | Apportionment of the Third Census. | | December 11, 1816 | 183 | Indiana admitted. | | December 10, 1817 | 184 | Mississippi admitted. | | December 3, 1818 | 185 | Illinois admitted. | | December 14, 1819 | 186 | Alabama admitted. | | March 15, 1820 | 186 | Maine admitted, given seven seats. Massachusetts delegation reduced correspondingly. |
1821-1840
1841-1860
| Date | Size | Comments |
|---|
| March 4, 1843 | 223 | Apportionment of the Sixth Census. | | March 3, 1845 | 224 | Florida admitted. | | December 29, 1845 | 226 | Texas annexed and admitted. | | December 28, 1846 | 228 | Iowa admitted. | | May 29, 1848 | 230 | Wisconsin admitted. | | March 4, 1849 | 231 | Wisconsin given another seat. | | September 9, 1850 | 233 | California admitted. | | March 4, 1853 | 234 | Apportionment of the Seventh Census. | | May 11, 1858 | 236 | Minnesota admitted. | | February 14, 1859 | 237 | Oregon admitted. |
1861-1880
| Date | Size | Comments |
|---|
| January 29, 1861 | 238 | Kansas admitted. | | June 2, 1862 | 239 | California awarded an extra seat. | | March 4, 1863 | 241 | Apportionment of the Eighth Census. | | June 20, 1863 | 241 | West Virginia admitted; given three seats. Virginia's delegation reduced in census reapportionment. | | October 31, 1864 | 242 | Nevada admitted. | | March 1, 1867 | 243 | Nebraska admitted. | | March 4, 1873 | 292 | Apportionment of the Ninth Census. | | August 1, 1876 | 293 | Colorado admitted. |
1881-1900
| Date | Size | Comments |
|---|
| March 4, 1883 | 325 | Apportionment of the Tenth Census. | | November 2, 1889 | 328 | North Dakota and South Dakota admitted. One seat goes to the former, two to the latter. | | November 8, 1889 | 329 | Montana admitted. | | November 11, 1889 | 330 | Washington admitted. | | July 3, 1890 | 331 | Idaho admitted. | | July 10, 1890 | 332 | Wyoming admitted. | | March 4, 1893 | 356 | Apportionment of the Eleventh Census. | | January 4, 1896 | 357 | Utah admitted. |
1901-present
Proposed expansion
Expansion would cause the United States Electoral College result to more closely reflect the national popular vote, as the number of Representatives would begin to dwarf the number of Senators, which is fixed at two per state. The Wyoming Rule, an idea with some contemporary currency, calls for expanding the House until the standard Representative-to-population ratio equals that of the smallest entitled unit (i.e. Wyoming). This proposal is primarily designed to address the fact that some House districts are currently nearly twice the size of others; for instance, there are about 944,000 residents in Montana's single district, compared to about 515,000 in Wyoming's. See List of U.S. states by population.
On May 21, 2001, Rep. Alcee Hastings sent a dear colleague letter pointing out that U.S. expansion of its legislature had not kept pace with other countries.
In 2007, the Utah delegation asked Congress to pass a bill that would add two seats to the House of Representatives, one for Utah and one for the District of Columbia. A bill doing so passed the House but was blocked in the Senate. In 2009, the bill passed the Senate and is expected to pass the House in March, and President Obama has said he would sign it. Should full representation of DC be found constitutional by the courts, the number of Representatives in the House will expand by two.
Sources
- Hamilton, Alexander; Madison, James; Jay, John. (1788) The Federalist.
See also
External links
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