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United States congressional apportionment

From Wikipedia, the free encyclopedia

How 435 seats are distributed to 50 states

Allocation of seats by state, as percentage of overall number of representatives in the House, 1789–2020 census

United States congressional apportionment is the process[1] by which seats in theUnited States House of Representatives are distributed among the 50states according to the most recent decennialcensus mandated by theUnited States Constitution. After each state is guaranteed a minimum of one seat in the House, most states are thenapportioned a number of additional seats which roughly corresponds to its share of the aggregate population of the 50 states.[2] Every state is constitutionally guaranteed two seats in theSenate and at least one seat in the House, regardless of population.

The U.S. House of Representatives' maximum number of seats has been limited to 435, capped at that number by theReapportionment Act of 1929—except for a temporary (1959–1962) increase to 437 whenAlaska andHawaii wereadmitted into the Union.[3] TheHuntington–Hill method of equal proportions has been used to distribute the seats among the states since the1940 census reapportionment.[1][4] Federal law requires theclerk of the United States House of Representatives to notify each state government of the number of seats apportioned to the state no later than January 25 of the year immediately following each decennialcensus.

The size of a state's total congressional delegation (which in addition to representative(s) includes 2senators for each state) also determines the size of its representation in theU.S. Electoral College, whichelects the U.S. president.

Constitutional context

[edit]

Apportionment in the United States involves dividing the 435 voting seats every ten years. As perArticle One of the United States Constitution, elections to the House of Representatives are held every two years, and the numbers of delegates are apportioned amongst the states according to their relative populations.[5] The Constitution itself makes no mention of districts.

The U.S. Constitution does not specify how apportionment is to be conducted and multiple methods have been developed and utilized since the Article's inception such as the Jefferson, Hamilton and Webster methods. TheJefferson method was first utilized in 1792 after the first decennial census was conducted in 1790 but was abandoned in 1840 as it favoured larger states such as Virginia,Thomas Jefferson's home state and the most influential state at the time.[6]Hamilton's method was used intermittently for the next half-century and was eventually replaced by Webster's as the Hamilton method resulted in population paradoxes when the House size increased.[7] After the House size and number of congressional districts were fixed in 1941, theHuntington–Hill method became the official method of apportionment and was used in the 2020 apportionment and redistricting cycle.[8] The current method solves many of the issues concerning previous methods, however it still violates the 'one person, one vote' rule established inWesberry v. Sanders (1964) due to systematic bias which gives more representation and power to small states than to residents of large states.[9]

These methods have been the subject of debate for over 200 years as losing or gaining a seat affects representation which is the source of political power. Congressional districts are subject to theEqual Protection Clause and it is expected that they apportion congressional districts closer to mathematical equality than state legislative districts.[10] The U.S Supreme Court inKarcher v. Daggett (1983) rejected New Jersey's congressional redistricting plans due to a deviation of less than 1%.

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Article One, Section 2, Clause 3 of theUnited States Constitution initially provided:

Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed,three fifths of all other Persons.The Number of Representatives shall not exceed one for every thirty Thousand, but each State shall have at least one Representative;…

The phrase "all other persons" refers to slaves, a word not used in the Constitution until theThirteenth Amendment.

Following the end of theCivil War, the first of those provisions was superseded by Section 2 of theFourteenth Amendment:

Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed.[11] But when the right to vote at any election for the choice of electors for President and Vice-President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State.

The phrase "counting the whole number of persons in each State" has traditionally been understood to include non-citizens for purposes of apportionment.[12]

Reapportionment

[edit]

Reapportionments normally occur following each decennial census, though the law that governs the total number of representatives and the method of apportionment to be carried into force at that time are enacted prior to the census.

The decennial apportionment also determines the size of each state's representation in theU.S. Electoral College. UnderArticle II, Section 1, Clause 2 of the U.S. Constitution, the number of electors of any state equals the size of its total congressional delegation (House and Senate seats).

Federal law requires theClerk of the House of Representatives to notify each state government no later than January 25 of the year immediately following the census of the number of seats to which it is entitled. Whether or not the number of seats has changed, the state determines the boundaries ofcongressional districts—geographical areas within the state of approximately equal population—in a process calledredistricting.[13]

Because the deadline for the House Clerk to report the results does not occur until the following January, and the states need sufficient time to perform the redistricting, the decennial census does not affect the elections that are held during that same year. For example, the electoral college apportionment and congressional races during the 2020 presidential election year were still based on the 2010 census results; all of the newly redrawn districts based on the 2020 census did not finally come into force until the 2022 midterm election winners were inaugurated in January 2023.[citation needed]

Number of members

[edit]
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The U.S. population has increased more rapidly than the membership of the House of Representatives.

The size of the U.S. House of Representatives refers to the 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 currentlyset at 435. There are an additional fivedelegates to the House of Representatives. They represent theDistrict of Columbia and the territories ofAmerican Samoa,Guam, theNorthern Mariana Islands, which first elected a representative in 2008,[14] and theU.S. Virgin Islands.Puerto Rico also elects aresident commissioner every four years.

Controversy and history

[edit]

Since 1789, when theUnited States Congress first convened under the Constitution, the number of citizens per congressional district has risen from an average of 33,000 in 1790 to over 700,000 as of 2018[update]. Prior to the 20th century, the number of representatives increased every decade as more states joined the union, and the population increased.

Representation in the House, historical
Starting
yearY
SourceAvg. constituents
per member
17931790 census34,436
18031800 census34,609
18131810 census36,377
18231820 census42,124
18331830 census49,712
18431840 census71,338
18531850 census93,020
18631860 census122,614
18731870 census130,533
18831880 census151,912
18931890 census173,901
19031900 census193,167
19131910 census210,583
19231920 census243,728
19331930 census280,675
19431940 census301,164
19531950 census334,587
19631960 census410,481
19731970 census469,088
19831980 census510,818
19931990 census571,477
20032000 census646,946
20132010 census709,760
20232020 census761,169

YElections are held the preceding year

The ideal number of members has been a contentious issue since the country's founding.George Washington agreed that the original representation proposed during theConstitutional Convention (one representative for every 40,000) was inadequate and supported an alteration to reduce that number to 30,000.[15] This was the only time that Washington pronounced an opinion on any of the actual issues debated during the entire convention.[16] Five years later, Washington was so insistent on having no more than 30,000 constituents per representative that he exercised the first presidentialveto in history ona bill which allowed half states to go over the quota.

InFederalist No. 55,James Madison argued that the size of the House of Representatives has to balance the ability of the body to legislate with the need for legislators to have a relationship close enough to the people to understand their local circumstances, that such representatives' social class be low enough to sympathize with the feelings of the mass of the people, and that their power be diluted enough to limit their abuse of the public trust and interests.

... first, that so small a number of representatives will be an unsafe depositary of the public interests; secondly, that they will not possess a proper knowledge of the local circumstances of their numerous constituents; thirdly, that they will be taken from that class of citizens which will sympathize least with the feelings of the mass of the people, and be most likely to aim at a permanent elevation of the few on the depression of the many; ...[17][18]

Madison also addressed Anti-Federalist claims that the representation would be inadequate, arguing that the major inadequacies are of minimal inconvenience since these will be cured rather quickly by virtue of decennial reapportionment. He noted, however,

I take for granted here what I shall, in answering the fourth objection, hereinafter show, that the number of representatives will be augmented from time to time in the manner provided by the Constitution. On a contrary supposition, I should admit the objection to have very great weight indeed.

Madison argued against the assumption that more is better:

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 proportionally a better depositary. And if we carry on the supposition to six or seven thousand, the whole reasoning ought to be reversed. ... In all very numerous assemblies, of whatever character composed, passion never fails to wrest the scepter from reason.[17]

Global comparison and disparities

[edit]

When talking about the populations within California's reapportionedHouse districts in 1951, a report fromDuke University found that "[there] is not an excessive disparity in district populations, but [the populations and disparities are] perhaps larger than necessary."[19] If the House had a similar ratio of representatives to constituents as it did after the1930 United States census, it would currently have 1,156 members (still just the second largest lower house, afterChina).[20]

The United States has unusually large constituencies compared to otherOECD countries,[20] thethird largest in the world. However, most of this is caused by the United States's large population, which is the third-largest in the world; legislatures typically growin proportion to the cube root of the population, rather than linearly, meaning larger countries tend to have larger constituency sizes.[citation needed]

Membership cap

[edit]

TheApportionment Act of 1911 (Public Law 62-5) raised the membership of the U.S. House to 433 and provided for an apportionment. It also provided for additional seats upon the admissions ofArizona andNew Mexico as states, increasing the number to 435 in 1912.

In 1921, Congress failed to reapportion the House membership as required by the United States Constitution. This failure to reapportion may have been politically motivated, as thenewly elected Republican majority may have feared the effect such a reapportionment would have on their future electoral prospects.[21][22] A reapportionment in 1921 in the traditional fashion would have increased the size of the House to 483 seats,[citation needed] but many members would have lost their seats due to the population shifts, and the House chamber did not have adequate seats for 483 members. By 1929, no reapportionment had been made since 1911, and there was vast representational inequity, measured by the average district size. By 1929 some states had districts twice as large as others due to population growth and demographic shift.[23]

In 1929 Congress (with Republican control of both houses of Congress and the presidency) passed theReapportionment Act of 1929 which capped the size of the House at 435 and established a permanent method for apportioning a constant 435 seats. This cap has remained unchanged since then, except for a temporary increase to 437 members (twice, in1959 and1961) upon the 1959 admission ofAlaska andHawaii into the Union.[24]

Two states,Wyoming andVermont, have populations smaller than the average for a single district, although neither state has fewer people than the least populous congressional districts.

Proposed expansion

[edit]

Among theBill of Rights amendments to the United States Constitution proposed by Congress in 1789, was oneaddressing the number of seats in the House. It attempted to set a pattern for growth of the House along with the population, but has not been ratified.

After the firstenumeration 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 more than one Representative for every fifty thousand persons.[25]

Taken at face-value, with the nation's population reaching approximately 308.7 million according to the2010 census, the proposed amendment would have called for an up-to 6,000-member House.[26][27][28] However, in the context of its original construction, the amendment may have instead outlined an iterative procedure for apportionment following asquare root rule relative to the population (e.g.Representatives10000+Population/100100{\textstyle Representatives\approx {\sqrt {10000+Population/100}}-100}) that would still have called for a more than 1,600-member House following the same 2010 census.[29][30]

One proposal to alleviate the current constituency disparities and the high average number of constituents in many states' congressional districts is the "Wyoming rule." Operating similar to New Zealand'smethod of allocation for proportional representation, it would give the least populous state (which has beenWyoming since 1990) one representative and then create districts in other states with the same population.[31]

Another proposed expansion rule, thecube root rule,[32] calls for the membership of the legislature to be based on thecube root (rounded up) of the U.S. population at the last census. For example, such a rule would call for 692 members of the House based on the 2020 United States census. An additional House member would be added each time thenational populationexceeds the next cube; in this case, the next House member would be added when the census population reached 331,373,889, and the one after that at 332,812,558. A variation would split the representation between the House and the Senate, e.g. 592 members in the House (692 − 100 senators).[33]

On May 21, 2001, Rep.Alcee Hastings sent adear colleague letter pointing out that U.S. expansion of its legislature had not kept pace with other countries.[34]

In 2007, during the110th Congress,Representative Tom Davis introduced a bill in the House of Representatives that would add two seats to the House, one for Utah and one for theDistrict of Columbia. It was passed by the House, but was tripped up by procedural hurdles in the Senate and withdrawn from consideration. An identical bill was reintroduced during the110th Congress. In February 2009 the Senate adopted the measure 61–37. In April 2010, however, House leaders decided to shelve the proposal.[35]

Two provisions of Section 102, subsection (d) in theWashington, D.C., Admission Act by delegateEleanor Holmes Norton and its same-titled Senate companion by Sen.Tom Carper, both introduced in 2021 and again in 2023 during the117th and118th Congresses, seek to amend Section 22(a) of the Reapportionment Act by adding one to the permanent House membership for a total of 436 representatives as the state of Washington, Douglass Commonwealth (i.e., Washington, D.C.) would have been entitled to an at-large district.[36][37] Holmes Norton's bill previously passed the House during the116th Congress but not the Senate.[38]

Apportionment methods

[edit]
Apportionment in the House of the US population, 2010–2019
StatePopulation percentHouse percent
201920102019[note 1]2010
California12.06%12.09%11.95%12.18%
Texas8.85%8.16%8.74%8.28%
Florida6.56%6.10%6.44%6.21%
New York5.94%6.29%5.98%6.21%
Pennsylvania3.91%4.12%3.91%4.14%
Illinois3.87%4.16%3.91%4.14%
Ohio3.57%3.74%3.68%3.68%
Georgia3.24%3.14%3.22%3.22%
North Carolina3.20%3.09%3.22%2.99%
Michigan3.05%3.21%2.99%3.22%
New Jersey2.71%2.85%2.76%2.76%
Virginia2.61%2.60%2.53%2.53%
Washington2.32%2.18%2.30%2.30%
Arizona2.22%2.07%2.30%2.07%
Massachusetts2.10%2.12%2.07%2.07%
Tennessee2.09%2.06%2.07%2.07%
Indiana2.06%2.10%2.07%2.07%
Missouri1.87%1.94%1.84%1.84%
Maryland1.85%1.87%1.84%1.84%
Wisconsin1.78%1.85%1.84%1.84%
Colorado1.76%1.63%1.84%1.61%
Minnesota1.72%1.72%1.61%1.84%
South Carolina1.57%1.50%1.61%1.61%
Alabama1.50%1.55%1.61%1.61%
Louisiana1.42%1.47%1.38%1.38%
Kentucky1.36%1.41%1.38%1.38%
Oregon1.29%1.24%1.38%1.15%
Oklahoma1.21%1.22%1.15%1.15%
Connecticut1.09%1.16%1.15%1.15%
Utah0.98%0.90%0.92%0.92%
Iowa0.96%0.99%0.92%0.92%
Nevada0.94%0.88%0.92%0.92%
Arkansas0.92%0.95%0.92%0.92%
Mississippi0.91%0.96%0.92%0.92%
Kansas0.89%0.93%0.92%0.92%
New Mexico0.64%0.67%0.69%0.69%
Nebraska0.59%0.59%0.69%0.69%
West Virginia0.55%0.60%0.46%0.69%
Idaho0.55%0.51%0.46%0.46%
Hawaii0.43%0.44%0.46%0.46%
New Hampshire0.42%0.43%0.46%0.46%
Maine0.41%0.43%0.46%0.46%
Montana0.33%0.32%0.46%0.23%
Rhode Island0.32%0.34%0.23%0.46%
Delaware0.30%0.29%0.23%0.23%
South Dakota0.27%0.26%0.23%0.23%
North Dakota0.23%0.22%0.23%0.23%
Alaska0.22%0.23%0.23%0.23%
Vermont0.19%0.20%0.23%0.23%
Wyoming0.18%0.18%0.23%0.23%
  1. ^2019 numbers are calculations from estimated population data

Apart from the requirement that each state is to be entitled to at least one representative in the House of Representatives, the number of representatives in each state is in principle to be proportional to its population. Since the adoption of theConstitution, five distinct apportionment methods have been used.

Partisan control of congressional redistricting after the 2020 elections, with the number of U.S. House seats each state will receive.
  Democratic control
  Republican control
  Split or bipartisan control
  Independent redistricting commission
  No redistricting necessary

The first apportionment was contained inArt. I, § 2, cl. 3 of the Constitution. After the first census in 1790, Congress passed theApportionment Act of 1792 and adopted theJefferson method to apportion U.S. representatives to the states based on population.[39] The Jefferson method required fractionalremainders to be discarded when calculating each state's total number of U.S. representatives and was used until the 1830 census.[40][41][42][43] TheWebster method, proposed in 1832 byDaniel Webster and adopted for the 1840 census, allocated an additional representative to states with a fractional remainder greater than 0.5.[44]

From 1850 to 1900, the situation was substantially less clear. Congress passed a law in 1850 declaring future apportionment would be done withHamilton's method. However, Congress continued to pass ad hoc apportionment bills from 1850 through 1900, in each case overruling the procedure laid out in the 1850 census. This was particularly true after the 1860 Census: the national situation was complicated by theCivil War), and no real apportionment method was used. Apart from 1860, Congress deliberately chose after each census to set the size of the House at a level where Hamilton and Webster's methods gave the same apportionment.[45] This unofficial adoption ofWebster's method was driven by the discovery of theAlabama paradox, which created an uproar in the House.[46] TheApportionment Act of 1911, in addition to setting the number of U.S. representatives at 435, returned to the Webster method, which was used following the 1910 and 1930 censuses (no reapportionment was done after the 1920 census). The current method, known as theHuntington–Hill method or method of equal proportions, was adopted in 1941 for reapportionment based on the 1940 census and beyond.[1][4][47][48] The revised method was necessary in the context of the cap on the number of representatives set in theReapportionment Act of 1929.[citation needed]

Method of equal proportions

[edit]
Further information:Huntington–Hill method

The apportionment method currently used is the method of equal proportions, which minimizes thepercentage differences in the number of people per representative among the different states.[49] The resulting apportionment is optimal in the sense that any additional transfer of a seat from one state to another would result in larger percentage differences.[50]

In this method, as a first step, each of the 50 states is given its one guaranteed seat in the House of Representatives, leaving 385 seats to assign. The remaining seats are allocated one at a time, to the state with the highest priority number. Thus, the 51st seat would go to the most populous state (currently California). The priority number is determined by the ratio of the state population to thegeometric mean of the number of seats it currently holds in the assignment process,n (initially 1), and the number of seats itwould holdif the seat were assigned to it,n+1. Symbolically, the priority numberAn is

An=Pn(n+1){\displaystyle A_{n}={\frac {P}{\sqrt {n(n+1)}}}}

whereP is the population of the state, andn is the number of seats it currently holds before the possible allocation of the next seat. An equivalent, recursive definition is

Am+1=mm+2 Am{\displaystyle A_{m+1}={\sqrt {\frac {m}{m+2}}}\ A_{m}}
An=n1n+1 An1{\displaystyle A_{n}={\sqrt {\frac {n-1}{n+1}}}\ A_{n-1}}

wheren isstill the number of seats the state hasbefore allocation of the next (in other words, for themth allocation,n =m-1).

Consider the reapportionment following the 2010 U.S. census: beginning with all states initially being allocated one seat, the largest value ofA1 corresponds to the largest state, California, which is allocated seat 51. After being allocated its 2nd seat, its priority value decreases to itsA2 value, which is reordered to a position back in line. The 52nd seat goes to Texas, the 2nd largest state, because itsA1 priority value is larger than theAn of any other state. However, the 53rd seat goes back to California because itsA2 priority value is larger than theAn of any other state. The 54th seat goes to New York because itsA1 priority value is larger than theAn of any other state at this point. This process continues until all remaining seats are assigned. 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, whereupon another state normally rises to the top of the list.

The 2010 census ranking of priority values[51] shows the order in which seats 51–435 were apportioned after the 2010 census, with additional listings for the next five priorities.Minnesota was allocated the final (435th) seat.North Carolina missed its 14th seat by 15,754 residents as the 436th seat to be allocated; ten years earlier it had gained its 13th seat as the 435th seat to be allocated based on the 2000 census.[52]

The 2020 census ranking of priority values[53] shows the order in which seats 51–435 were apportioned after the 2020 census, with additional listings for the next ten priorities. For the second time in a row, Minnesota was allocated the final (435th) seat. If either New York had registered 89 more residents or Minnesota had registered 26 fewer residents, New York would have been allocated the 435th seat instead.[54][55]

Past apportionments

[edit]

Note: The first apportionment was established by the Constitution based on population estimates made by thePhiladelphia Convention, and was not based on any census or enumeration.

Bold indicates the largest number of representatives each state has had.

State­hood
order
CensusConst.1st2nd3rd4th5th6th7th8th9th10th11th12th13th15th[a]16th17th18th19th20th21st22nd23rd24th
Year178917901800181018201830184018501860187018801890190019101930194019501960197019801990200020102020
Effected178917931803181318231833184318531863187318831893190319131933194319531963197319831993200320132023
Size65105142182213240223234241292325356386435
State
22AL357768899109998777777
49AK1111111
48AZ11223456899
25AR123456777764444444
31CA2346781120233038434552535352
38CO12344444566778
5CT577766444444556666666555
1DE111211111111111111111111
27FL112223456812151923252728
4GA32467988791011111210101010101011131414
50HI2222222
43ID1122222222222
21IL137914192022252727262524242220191817
19IN37101111131313131312111111111010999
29IA269111111119887665544
34KS1378887665554444
15KY261012131010910111111119987776666
18LA133445666788888887766
23ME78765544443332222222
7MD689998665666666678888888
6MA814172013121011101112131416151414121211101099
26MI34691112121317171819191816151413
32MN23579109998888888
20MS12455677887765555444
24MO125791314151616131311101099988
41MT1122222221112
37NE136665443333333
36NV111111111122344
9NH345665433322222222222222
3NJ456666555778101214141415151413131212
47NM11222233333
11NY61017273440343331333434374345454341393431292726
12NC51012131313987899101011121211111112131314
39ND1232222111111
17OH161419212119202121212224232324232119181615
46OK89866666555
33OR1112233444455556
2PA81318232628242524272830323634333027252321191817
13RI122222222222232222222222
8SC568999764577776666666677
40SD2232222211111
16TN3691311108101010101091099899999
28TX2461113161821212223242730323638
45UT122222233344
14VT24655433322221111111111
10VA101922232221151311910101010991010101011111111
42WA235667778991010
35WV344566665443332
30WI368910111110101010999888
44WY1111111111111

Changes per census

[edit]

2010

[edit]
Main article:2010 United States redistricting cycle

On December 21, 2010, theU.S. Census Bureau released its official apportionment results for congressional representation. The changes were in effect for theU.S. elections in 2012.[56]

Gain fourGain twoGain oneNo changeLose oneLose two
1.Texas1.Florida1.Arizona
2.Georgia
3.Nevada
4.South Carolina
5.Utah
6.Washington
(32 states)1.Illinois
2.Iowa
3.Louisiana
4.Massachusetts
5.Michigan
6.Missouri
7.New Jersey
8.Pennsylvania
1.New York
2.Ohio
+4+2+6−8−4
+12 seats gained total−12 seats lost total
Allocation of congressional districts after the2010 U.S. census

2020

[edit]
Main article:2020 United States redistricting cycle

Apportionment results were released on April 26, 2021:

Gain twoGain oneNo changeLose one
1. Texas1. Colorado
2. Florida
3. Montana
4. North Carolina
5. Oregon
(37 states)1. California
2. Illinois
3. Michigan
4. New York
5. Ohio
6. Pennsylvania
7. West Virginia
+2+5−7
+7 seats gained total−7 seats lost total
Allocation of congressional districts in theHouse of Representatives after the2020 U.S. census

The changes took effect in theU.S. elections in 2024.

List of apportionments

[edit]

The size of theU.S. House of Representatives has increased and decreased as follows:[57]

Effective dateSizeChangeLegal provisionReason and/or comments
March 4, 178959n/aConst. Art. I, § 2, cl. 3Seats apportioned by the Constitution based on population estimates made by thePhiladelphia Convention. Only 11 of the original 13 states had ratified the Constitution by this time.
November 21, 178964Increase 5North Carolina ratified the Constitution with the seats apportioned by the Constitution.
May 29, 179065Increase 1Rhode Island ratified the Constitution with the seat apportioned by the Constitution.
March 4, 179167Increase 2Stat. 191Vermont admitted.
June 1, 179269Increase 2Kentucky admitted.
March 4, 1793105Increase 36Stat. 253 (Apportionment Act of 1792)Apportionment following thefirst census (1790). First to use theJefferson method.
June 1, 1796106Increase 1Stat. 491Tennessee admitted.
March 1, 1803107Increase 1Stat. 175Ohio admitted.
March 4, 1803142Increase 35Stat. 128Apportionment following thesecond census (1800).
April 30, 1812143Increase 1Stat. 703Louisiana admitted.
March 4, 1813182Increase 39Stat. 669Apportionment following thethird census (1810).
December 11, 1816183Increase 1Stat. 290Indiana admitted.
December 10, 1817184Increase 1Stat. 349Mississippi admitted.
December 3, 1818185Increase 1Stat. 430Illinois admitted.
December 14, 1819186Increase 1Stat. 492Alabama admitted.
March 15, 1820SteadyStat. 555Maine admitted, 7 seats transferred fromMassachusetts.
August 10, 1821187Increase 1Stat. 547Missouri admitted.
March 4, 1823213Increase 26Stat. 651Apportionment following thefourth census (1820).
March 4, 1833240Increase 27Stat. 516Apportionment following thefifth census (1830).
June 15, 1836241Increase 1Stat. 51Arkansas admitted.
January 26, 1837242Increase 1Stat. 50Michigan admitted.
March 4, 1843223Decrease 19Stat. 491Apportionment following thesixth census (1840). First to use theWebster method. Became theonly time the size of the House was reduced, except for the minor readjustments in 1863 and 1963.
March 3, 1845224Increase 1Stat. 743Florida admitted.
December 29, 1845226Increase 2Stat. 798Texas annexed and admitted.
December 28, 1846228Increase 2Stat. 743
Stat. 52
Iowa admitted.
May 29, 1848230Increase 2Stat. 58
Stat. 235
Wisconsin admitted.
March 4, 1849231Increase 1Stat. 235Additional seat apportioned to Wisconsin.
September 9, 1850233Increase 2Stat. 452California admitted.
March 4, 1853SteadyStat. 432Apportionment following theseventh census (1850). First to use theHamilton/Vinton (largest remainder) method.
234Increase 110 Stat. 25Additional seat apportioned to California[b]
May 11, 1858236Increase 211 Stat. 166Minnesota admitted.
February 14, 1859237Increase 111 Stat. 383Oregon admitted.
January 29, 1861238Increase 112 Stat. 126Kansas admitted
June 2, 1862239Increase 112 Stat. 411California apportioned an extra seat.
March 4, 1863233Decrease 6Stat. 432Apportionment following theeighth census (1860), in accordance with the 1850 act, which provided for an apportionment of 233 seats.
241Increase 812 Stat. 353Supplemental apportionment of 8 seats (1 each for Pennsylvania, Ohio, Kentucky, Illinois, Iowa, Minnesota, Vermont, and Rhode Island), for an overall increase of 2 seats in the 38th Congress.
June 20, 1863Steady12 Stat. 633West Virginiaadmitted, three seats transferred fromVirginia.
October 31, 1864242Increase 113 Stat. 32Nevada admitted
March 1, 1867243Increase 114 Stat. 391Nebraska admitted
March 4, 1873283Increase 4017 Stat. 28Apportionment following theninth census (1870), replacing the 1850 act
292Increase 917 Stat. 192Supplemental apportionment added one seat each for nine states
August 1, 1876293Increase 113 Stat. 34Colorado admitted
March 4, 1883325Increase 3222 Stat. 5Apportionment following thetenth census (1880).
November 2, 1889328Increase 325 Stat. 679North andSouth Dakota admitted, with one and two seats respectively.
November 8, 1889329Increase 125 Stat. 679Montana admitted.
November 11, 1889330Increase 125 Stat. 679Washington admitted.
July 3, 1890331Increase 126 Stat. 215Idaho admitted.
July 10, 1890332Increase 126 Stat. 222Wyoming admitted.
March 4, 1893356Increase 2426 Stat. 735Apportionment following theeleventh census (1890).
January 4, 1896357Increase 128 Stat. 109Utah admitted.
March 4, 1903386Increase 2931 Stat. 733Apportionment following thetwelfth census (1900)
November 16, 1907391Increase 534 Stat. 271Oklahoma admitted
January 6, 1912393Increase 237 Stat. 39, incorporating 36 Stat. 557New Mexico admitted
February 14, 1912394Increase 1Arizona admitted
March 4, 1913435Increase 4137 Stat. 13 (Apportionment Act of 1911, §§1–2)Apportionment following thethirteenth census (1910). Process returned to the Webster method.
March 4, 1933Steady46 Stat. 26 (Reapportionment Act of 1929)Apportionment following thefifteenth census (1930).[c] The size of the House became permanently capped at 435 seats under the Reapportionment Act of 1929.
January 3, 194346 Stat. 26 (Reapportionment Act of 1929)
54 Stat. 162
Apportionment following thesixteenth census (1940). First to use theHuntington–Hill method.
January 3, 195355 Stat. 761Apportionment following theseventeenth census (1950)[d]
January 3, 1959436Increase 172 Stat. 345Alaska admitted.
August 21, 1959437Increase 173 Stat. 8, §8Hawaii admitted.
January 3, 1963435Decrease 272 Stat. 345
73 Stat. 8
2 U.S.C. § 2a
Apportionment following theeighteenth census (1960)[e]
January 3, 1973Steady2 U.S.C. § 2aApportionment following thenineteenth census (1970).
January 3, 1983Apportionment following thetwentieth census (1980).
January 3, 1993Apportionment following thetwenty-first census (1990).
January 3, 2003Apportionment following thetwenty-second census (2000).
January 3, 2013Apportionment following thetwenty-third census (2010).
January 3, 2023Apportionment following thetwenty-fourth census (2020).

See also

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Notes

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  • Delegate counts initalics represent temporary counts assigned by Congress until the next decennial census or by the U.S. Constitution in 1789 until the first U.S. census.
  • Elections held in the year of a census use the apportionment determined by the previous census.
  1. ^Congress failed to pass any reapportionment to implement the1920 United States census so despite population shift, distribution of seats from 1913 remained in effect until 1933.
  2. ^ The 1850 Apportionment bill provided a method to be used in future reapportionments, as well as establishing the then-current 233 as the number of seats to be apportioned after future censuses. Due to census returns being incomplete in California, an additional act provided that California retain the same representation it had when admitted, until a new census could be taken. California would otherwise have lost one seat, and so the total number of seats was increased by one to 234.
  3. ^ Congress failed to reapportion in 1923, following thefourteenth census (1920).
  4. ^Pub. L. 77–291 amended section 22 of theReapportionment Act of 1929 by wholly replacing its text.
  5. ^ TheReapportionment Act of 1929 stated that the "then existing number of Representatives" would be apportioned after each census, which would have dictated an apportionment of 437 seats, but theAlaska Statehood Act andHawaii Admission Act explicitly stated that the new seats were temporary increases. Both acts included the phrasing "That such temporary increase in the membership shall not operate to either increase or decrease the permanent membership of the House of Representatives as prescribed in theAct of August 8, 1911 (37 Stat. 13) nor shall such temporary increase affect the basis of apportionment established by the Act of November 15, 1941 (55 Stat. 761;2 U.S.C. § 2a), for theEighty-third Congress and each Congress thereafter."[58]
Citations
  1. ^abcKristin D. Burnett (November 1, 2011)."Congressional Apportionment (2010 Census Briefs C2010BR-08)"(PDF). U.S. Department of Commerce, Economics and Statistics Administration. RetrievedFebruary 25, 2015.
  2. ^The populations ofWashington, D.C. andfederal territories are not included in this figure.
  3. ^Public Law 62-5 of 1911.
  4. ^ab"The History of Apportionment in America". American Mathematical Society. RetrievedFebruary 15, 2009.
  5. ^U.S.Const. art.I, §.2
  6. ^Balinski, M., & Young, H. (1983). Apportioning the United States House of Representatives. Interfaces, 13(4), 35–43.
  7. ^Kohler, U., & Zeh, J. (2012). Apportionment methods. The Stata Journal, 12(3), 375–392. doi:https://journals.sagepub.com/doi/pdf/10.1177/1536867X12012003032
  8. ^"Apportioning Representatives in the United States Congress – Hill's Method of Apportionment | Mathematical Association of America".www.maa.org. RetrievedDecember 19, 2023.
  9. ^Balinski, M., & Young, H. (2002). Fair Representation: Meeting the Ideal of One Man, One Vote (2nd ed.). Washington: Brookings Institution Press.
  10. ^Handley, L., & Grofman, B. (2014). Redistricting in comparative perspective. Oxford: Oxford University Press.
  11. ^Renderedmoot by theRevenue Act of 1924 andIndian Citizenship Act of 1924.
  12. ^"Apportioning Seats in the U.S. House of Representatives Using the 2013 Estimated Citizen Population".Congressional Research Service. RetrievedMarch 26, 2021.
  13. ^2 U.S.C. § 2c
  14. ^Bush signs federalization billArchived February 13, 2009, at theWayback Machine, Agnes E. Donato, Saipan Tribune, May 10, 2008.
  15. ^Goldberg, Jonah (January 15, 2001)."George Will Called Me An Idiot".National Review.Archived from the original on February 13, 2009. RetrievedApril 11, 2018.
  16. ^Madison's notes on the Constitutional Convention - Tuesday September 17, 1787
  17. ^ab"The Federalist #55".constitution.org. RetrievedJune 23, 2020.
  18. ^"Founders Online: The Federalist No. 55, [13 February 1788]".founders.archives.gov. RetrievedMay 16, 2024.
  19. ^Todd, James (1952)."Law and Contemporary Problems: Legislative Apportionment (Chapter Title: The Apportionment Problem Faced by the States)".Law and Contemporary Problems.17 (2). Durham, North Carolina:Duke University:314–337.eISSN 1945-2322.ISSN 1945-2322.
  20. ^abDeSilver, Drew (May 31, 2018)."U.S. population keeps growing, but House of Representatives is same size as in Taft era".Pew Research Center.
  21. ^Balinski, Michel; Young, H. Peyton.Fair Representation, Meeting The Ideal of One Man One vote". p. 51.
  22. ^"Congressional Apportionment".NationalAtlas.gov. Archived fromthe original on February 28, 2009. RetrievedFebruary 15, 2009.
  23. ^"Apportionment of Representatives in Congress".CQ Researcher by CQ Press. CQ Researcher Online: 975. 1927.ISSN 1942-5635.
  24. ^"Proportional Representation". Washington, D.C.: Office of the Historian, United States House of Representatives. RetrievedSeptember 21, 2018.
  25. ^"Constitutional Amendments Not Ratified". United States House of Representatives.Archived from the original on September 27, 2007. RetrievedSeptember 30, 2007.
  26. ^Stone, Lyman (October 17, 2018)."Pack the House: How to Fix the Legislative Branch". Mere Orthodoxy. RetrievedSeptember 17, 2019.
  27. ^Matthews, Dylan (June 4, 2018)."The case for massively expanding the US House of Representatives, in one chart". Vox. RetrievedSeptember 17, 2019.
  28. ^Hurlbut, Terry (April 16, 2015)."Packing the House?". Conservative News and Views. RetrievedSeptember 17, 2019.
  29. ^Kyvig, David (2016).Explicit and Authentic Acts. University Press of Kansas. p. 470.ISBN 978-0-7006-2229-0.
  30. ^"Madison Apportionment Amendment".genuineideas.com. RetrievedSeptember 7, 2023.
  31. ^Taylor, Steven (December 14, 2010)."Representation in the House: The Wyoming Rule".Outside the Beltway.
  32. ^Kane, Caroline; Mascioli, Gianni; McGarry, Michael; Nagel, Meira (2020).Why the House of Representatives Must Be Expanded and How Today's Congress Can Make it Happen(PDF). Fordham University School of Law.
  33. ^"The "Cube Root Rule": A Push to Make Congress More Representative?".IVN. Independent Voter Network. October 16, 2017. RetrievedMay 31, 2019.
  34. ^"FairVote - Hastings Letter". June 2, 2006. Archived fromthe original on June 2, 2006. RetrievedJune 23, 2020.
  35. ^Marimow, Ann E.; Pershing, Ben (April 21, 2010)."Congressional leaders shelve D.C. voting rights bill".The Washington Post.
  36. ^H.R. 51
  37. ^S. 51
  38. ^Millhiser, Ian (June 26, 2020)."DC is closer to becoming a state now than it has ever been".Vox.
  39. ^3 Annals of Cong. 539 (1792)
  40. ^Act of Jan. 14, 1802, 2 Stat. 128
  41. ^Act of Dec. 21, 1811, 2 Stat. 669
  42. ^Act of Mar. 7, 1822, 3 Stat. 651
  43. ^Act of May 22, 1832, 4 Stat. 516
  44. ^Act of 25 June 1842, ch 46, 5 Stat. 491
  45. ^Balinski, Michael L.; Young, H. Peyton (1982).Fair Representation: Meeting the Ideal of One Man, One Vote. New Haven, CT: Yale University Press.ISBN 0-8157-0090-3.
  46. ^"Congressional Apportionment-Historical Perspective". U.S. Census Bureau. RetrievedOctober 27, 2013..
  47. ^"2 USC §2a". Cornell University Law School, Legal Information Institute. RetrievedMay 13, 2008.
  48. ^"Computing Apportionment". U.S. Census Bureau. RetrievedFebruary 14, 2009.
  49. ^"Congressional Apportionment".NationalAtlas.gov. U.S. Department of the Interior. Archived fromthe original on October 30, 2008. RetrievedFebruary 14, 2009.
  50. ^Edward V Huntington (1921)."The Mathematical Theory of the Apportionment of Representatives".Proceedings of the National Academy of Sciences of the United States of America.7 (4):123–7.Bibcode:1921PNAS....7..123H.doi:10.1073/pnas.7.4.123.PMC 1084767.PMID 16576591.
  51. ^"Priority Values for 2010 Census"(PDF). U.S. Bureau of the Census. RetrievedAugust 29, 2020.
  52. ^"Census 2000 Ranking of Priority Values". U.S. Bureau of the Census. February 21, 2001. RetrievedMay 13, 2008.
  53. ^"Priority Values for 2020 Census"(PDF). U.S. Bureau of the Census. RetrievedApril 27, 2021.
  54. ^Goldmacher, Shane (April 26, 2021)."New York Loses House Seat After Coming Up 89 People Short on Census".The New York Times.ISSN 0362-4331. RetrievedApril 28, 2021.
  55. ^Wang, Hansi Lo (May 1, 2021)."How 26 People In The Census Count Helped Minnesota Beat New York For A House Seat". RetrievedMay 17, 2021.
  56. ^"Apportionment Population and Number of Representatives, by State: 2010 Census"(PDF).US Census. December 21, 2010. Archived fromthe original(PDF) on September 18, 2015. RetrievedFebruary 23, 2013.
  57. ^The Size of the U. S. House of Representatives and its Constituent State Delegations, thirty-thousand.org.
  58. ^See, e.g., section 8 of theHawaii Admission Act, 73 Stat. 8.

References

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Further reading

[edit]
  • Stinebrickner-Kauffman, Taren (2004). "Counting Matters: Prison Inmates, Population Bases, and "One Person, One Vote"".Virginia Journal of Social Policy & the Law.11 (Winter). Chicago: 229.

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