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120-398: [ data missing ] The count below identifies party affiliations at the beginning of the first session of this congress. Changes resulting from subsequent replacements are shown below in the " Changes in membership " section. For the beginning of this congress, the size of the House was increased from 213 seats to 240 seats, following the 1830 United States Census . This list

240-574: A general ticket . There were five plural districts, the 8th, 17th, 22nd & 23rd had two representatives each, the 3rd had four representatives. There were two plural districts, the 2nd had two representatives, the 4th had three representatives. Both representatives were elected statewide on a general ticket . The count below reflects changes from the beginning of the first session of this Congress. Lists of committees and their party leaders. United States congressional apportionment United States congressional apportionment

360-594: 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

480-598: 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 the Thirteenth Amendment . Following the end of the Civil War , the first of those provisions

600-616: A bicameral (two-house) Congress that was to be elected on a proportional basis based on state population, an elected chief executive, and an appointed judicial branch. An alternative to the Virginia Plan , known as the New Jersey Plan , also called for an elected executive but retained the legislative structure created by the Articles, a unicameral Congress where all states had one vote. On June 19, 1787, delegates rejected

720-479: A citizen of the United States for seven years, and live in the state they represent. Senators must be at least 30 years old, be a citizen for nine years, and live in the state they represent. Article I, Section 8 enumerates the powers delegated to the legislature. Financially, Congress has the power to tax, borrow, pay debt and provide for the common defense and the general welfare; to regulate commerce, bankruptcies, and coin money. To regulate internal affairs, it has

840-472: A convention of state delegates in Philadelphia to propose revisions to the Articles. Unlike earlier attempts, the convention was not meant for new laws or piecemeal alterations, but for the "sole and express purpose of revising the Articles of Confederation." The convention was not limited to commerce; rather, it was intended to "render the federal constitution adequate to the exigencies of government and

960-642: A major influence on the Albany Plan of Union , Benjamin Franklin's plan to create a unified government for the Thirteen Colonies , which was rejected. The Constitution includes four sections: an introductory paragraph titled Preamble, a list of seven Articles that define the government's framework, an untitled closing endorsement with the signatures of 39 framers, and 27 amendments that have been adopted under Article V (see below ). The Preamble,

1080-473: A more than 1,600-member House following the same 2010 census. 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's method of allocation for proportional representation, it would give the least populous state (which has been Wyoming since 1990 ) one representative and then create districts in other states with

1200-413: 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

1320-462: A permanent capital. North Carolina waited to ratify the Constitution until after the Bill of Rights was passed by the new Congress, and Rhode Island's ratification would only come after a threatened trade embargo. The U.S. Constitution was a federal one and was greatly influenced by the study of Magna Carta and other federations, both ancient and extant. The Due Process Clause of the Constitution

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1440-568: A representative in 2008, and the U.S. Virgin Islands . Puerto Rico also elects a resident commissioner every four years. Since 1789, when the United 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 . Prior to the 20th century, the number of representatives increased every decade as more states joined

1560-550: A single district, although neither state has fewer people than the least populous congressional districts. Among the Bill of Rights amendments to the United States Constitution proposed by Congress in 1789, was one addressing 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 first enumeration required by

1680-478: 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 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

1800-571: Is arranged by chamber, then by state. Senators are listed by class, and representatives are listed by district. Senators were elected by the state legislatures every two years, with one-third beginning new six-year terms with each Congress. Preceding the names in the list below are Senate class numbers , which indicate the cycle of their election. In this Congress, Class 1 meant their term began with this Congress, requiring reelection in 1838; Class 2 meant their term ended with this Congress, requiring reelection in 1834; and Class 3 meant their term began in

1920-626: Is constitutionally guaranteed two seats in the Senate 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 the Reapportionment Act of 1929 —except for a temporary (1959–1962) increase to 437 when Alaska and Hawaii were admitted into the Union . The Huntington–Hill method of equal proportions has been used to distribute

2040-586: Is interpreted, supplemented, and implemented by a large body of federal constitutional law and has influenced the constitutions of other nations. From September 5, 1774, to March 1, 1781, the Second Continental Congress , convened in Philadelphia in what today is called Independence Hall , functioned as the provisional government of the United States. Delegates to the First Continental Congress in 1774 and then

2160-595: Is not the best." The advocates of the Constitution were anxious to obtain unanimous support of all twelve states represented in the convention. Their accepted formula for the closing endorsement was "Done in Convention, by the unanimous consent of the States present." At the end of the convention, the proposal was agreed to by eleven state delegations and the lone remaining delegate from New York, Alexander Hamilton. Within three days of its signing on September 17, 1787,

2280-410: Is the method of equal proportions, which minimizes the percentage differences in the number of people per representative among the different states. 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. In this method, as a first step, each of the 50 states is given its one guaranteed seat in

2400-573: Is the process by which seats in the United States House of Representatives are distributed among the 50 states according to the most recent decennial census mandated by the United States Constitution . After each state is assigned one seat in the House, most states are then apportioned a number of additional seats which roughly corresponds to its share of the aggregate population of the 50 states. Every state

2520-448: Is the third-largest in the world; legislatures typically grow in proportion to the cube root of the population , rather than linearly, meaning larger countries tend to have larger constituency sizes. The Apportionment 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 of Arizona and New Mexico as states, increasing

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2640-656: Is to receive only one compensation from the federal government. The inaugural oath is specified to preserve, protect and defend the Constitution. The president is the Commander in Chief of the United States Armed Forces , as well as of state militias when they are mobilized. The president makes treaties with the advice and consent of a two-thirds quorum of the Senate. To administer the federal government,

2760-462: The 110th 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 the District 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 the 110th Congress . In February 2009 the Senate adopted

2880-647: The Necessary and Proper Clause in Article One to allow Congress to enact legislation that is neither expressly allowed by the enumerated powers nor expressly denied in the limitations on Congress. In McCulloch v. Maryland (1819), the Supreme Court read the Necessary and Proper Clause to permit the federal government to take action that would "enable [it] to perform the high duties assigned to it [by

3000-501: The Second Continental Congress from 1775 to 1781 were chosen largely from the revolutionary committees of correspondence in various colonies rather than through the colonial governments of the Thirteen Colonies . The Articles of Confederation and Perpetual Union was the first constitution of the United States. The document was drafted by a committee appointed by the Second Continental Congress in mid-June 1777 and

3120-543: The State of the Union , and by the Recommendation Clause , recommends "necessary and expedient" national measures. The president may convene and adjourn Congress under special circumstances. Section 4 provides for the removal of the president and other federal officers. The president is removed on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors. Article III describes

3240-722: The Virginia Declaration of Rights were incorporated into the Bill of Rights. Upon the arrival of the American Revolution, many of the rights guaranteed by the Federal Bill of Rights were recognized as being inspired by English law. A substantial body of thought had been developed from the literature of republicanism in the United States , typically demonstrated by the works of John Adams , who often quoted Blackstone and Montesquieu verbatim, and applied to

3360-549: The egalitarian character of the American people. In a 1787 letter to John Rutledge , Jefferson asserted that "The only condition on earth to be compared with [American government] ... is that of the Indians, where they still have less law than we." American Indian history scholars Donald Grinde and Bruce Johansen claim there is "overwhelming evidence" that Iroquois Confederacy political concepts and ideas influenced

3480-428: The m th 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 of A 1 corresponds to the largest state, California, which is allocated seat 51. After being allocated its 2nd seat, its priority value decreases to its A 2 value, which is reordered to a position back in line. The 52nd seat goes to Texas,

3600-492: The president and subordinate officers ( Article II ); and the judicial , consisting of the Supreme Court and other federal courts ( Article III ). Article IV , Article V , and Article VI embody concepts of federalism , describing the rights and responsibilities of state governments , the states in relationship to the federal government, and the shared process of constitutional amendment. Article VII establishes

3720-439: The 2nd largest state, because its A 1 priority value is larger than the A n of any other state. However, the 53rd seat goes back to California because its A 2 priority value is larger than the A n of any other state. The 54th seat goes to New York because its A 1 priority value is larger than the A n of any other state at this point. This process continues until all remaining seats are assigned. Each time

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3840-614: The 435th seat instead. Note: The first apportionment was established by the Constitution based on population estimates made by the Philadelphia Convention , and was not based on any census or enumeration. United States Constitution [REDACTED] [REDACTED] The Constitution of the United States is the supreme law of the United States . It superseded the Articles of Confederation ,

3960-529: 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. The 2020 census ranking of priority values 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

4080-543: The 74 delegates appointed by the states, 55 attended. The delegates were generally convinced that an effective central government with a wide range of enforceable powers must replace the weaker Congress established by the Articles of Confederation. Two plans for structuring the federal government arose at the convention's outset: On May 31, the Convention devolved into the Committee of the Whole , charged with considering

4200-562: The Confederation had "virtually ceased trying to govern." The vision of a respectable nation among nations seemed to be fading in the eyes of revolutionaries such as George Washington , Benjamin Franklin , and Rufus King . Their dream of a republic , a nation without hereditary rulers, with power derived from the people in frequent elections, was in doubt. On February 21, 1787, the Confederation Congress called

4320-569: The Constitution was submitted to the Congress of the Confederation , then sitting in New York City, the nation's temporary capital. The document, originally intended as a revision of the Articles of Confederation, instead introduced a completely new form of government. While members of Congress had the power to reject it, they voted unanimously on September 28 to forward the proposal to the thirteen states for their ratification . Under

4440-605: The Constitution's introductory paragraph, lays out the purposes of the new government: We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America. The opening words, " We

4560-777: The Constitution, the Federalists , and the other opposing it, the so-called Anti-Federalists . Over the ensuing months, the proposal was debated, criticized, and expounded upon clause by clause. In the state of New York , at the time a hotbed of anti-Federalism, three delegates from the Philadelphia Convention who were also members of the Congress— Hamilton , Madison , and Jay —published a series of commentaries, now known as The Federalist Papers , in support of ratification. Before year's end, three state legislatures voted in favor of ratification. Delaware

4680-508: The Constitution] in the manner most beneficial to the people," even if that action is not itself within the enumerated powers. Chief Justice Marshall clarified: "Let the end be legitimate, let it be within the scope of the Constitution, and all means which are appropriate, which are plainly adapted to that end, which are not prohibited, but consist with the letter and spirit of the Constitution, are Constitutional." Article II describes

4800-682: The Constitutional Convention. Prior to and during the framing and signing of the Constitution, Blackstone , Hume , Locke and Montesquieu were among the political philosophers most frequently referred to. Historian Herbert W. Schneider held that the Scottish Enlightenment was "probably the most potent single tradition in the American Enlightenment" and the advancement of personal liberties. Historian Jack P. Greene maintains that by 1776

4920-417: The House had a similar ratio of representatives to constituents as it did after the 1930 United States census , it would currently have 1,156 members (still just the second largest lower house, after China ). The United States has unusually large constituencies compared to other OECD countries, the third largest in the world. However, most of this is caused by the United States's large population, which

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5040-421: 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 the geometric mean of the number of seats it currently holds in the assignment process, n (initially 1), and

5160-685: The Iroquois influence thesis is largely the product of "white interpretations of Indians" and "scholarly misapprehension". John Napoleon Brinton Hewitt , who was born on the Tuscarora Indian Reservation , and was an ethnologist at the Smithsonian Institution 's Bureau of Ethnology is often cited by historians of Iroquois history. Hewitt, however, rejected the idea that the Iroquois League had

5280-597: The Law of Nations, to declare war and make rules of war. The final Necessary and Proper Clause , also known as the Elastic Clause, expressly confers incidental powers upon Congress without the Articles' requirement for express delegation for each and every power. Article I, Section 9 lists eight specific limits on congressional power. The Supreme Court has sometimes broadly interpreted the Commerce Clause and

5400-603: The Laws of England are considered the most influential books on law in the new republic. Madison made frequent reference to Blackstone, Locke, and Montesquieu, all of whom were among the most prominent political theorists of the late eighteenth century. Following the Glorious Revolution of 1688, British political philosopher John Locke was a major influence, expanding on the contract theory of government advanced by Thomas Hobbes , his contemporary. Locke advanced

5520-484: The New Jersey Plan with three states voting in favor, seven against, and one divided. The plan's defeat led to a series of compromises centering primarily on two issues: slavery and proportional representation. The first of these pitted Northern states, where slavery was slowly being abolished, against Southern states, whose agricultural economies depended on slave labor. The issue of proportional representation

5640-404: The People ", represented a new thought: the idea that the people and not the states were the source of the government's legitimacy. Coined by Gouverneur Morris of Pennsylvania, who chaired the convention's Committee of Style, the phrase is considered an improvement on the section's original draft which followed the words We the People with a list of the 13 states. In place of the names of

5760-537: The Senate (with each state's legislators generally choosing their respective senators), and that all money bills would originate in the House. The Great Compromise ended the stalemate between patriots and nationalists, leading to numerous other compromises in a spirit of accommodation. There were sectional interests to be balanced by the Three-Fifths Compromise ; reconciliation on Presidential term, powers, and method of selection; and jurisdiction of

5880-502: The U.S. Constitution , and are considered to be the most outspoken supporters of the Iroquois thesis. The idea as to the extent of that influence on the founding, however, varies among historians and has been questioned or criticized by various historians, including Samuel Payne, William Starna, George Hamell, and historian and archaeologist Philip Levy , who claims the evidence is largely coincidental and circumstantial. The most outspoken critic, anthropologist Elisabeth Tooker , claimed

6000-526: 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 currently set at 435 . 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

6120-469: The Union together and aided the Constitution's ratification, slavery continued for six more decades and the less populous states continue to have disproportional representation in the U.S. Senate and Electoral College . Since the Constitution became operational in 1789, it has been amended 27 times. The first ten amendments, known collectively as the Bill of Rights , offer specific protections of individual liberty and justice and place restrictions on

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6240-548: The Virginia Plan. On June 13, the Virginia resolutions in amended form were reported out of committee. The New Jersey Plan was put forward in response to the Virginia Plan. A Committee of Eleven, including one delegate from each state represented, met from July 2 to 16 to work out a compromise on the issue of representation in the federal legislature. All agreed to a republican form of government grounded in representing

6360-584: 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 the Huntington–Hill method or method of equal proportions, was adopted in 1941 for reapportionment based on the 1940 census and beyond. The revised method was necessary in the context of the cap on the number of representatives set in the Reapportionment Act of 1929 . The apportionment method currently used

6480-468: The amendment may have instead outlined an iterative procedure for apportionment following a square root rule relative to the population (e.g. R e p r e s e n t a t i v e s ≈ 10000 + P o p u l a t i o n / 100 − 100 {\textstyle Representatives\approx {\sqrt {10000+Population/100}}-100} ) that would still have called for

6600-495: 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 of congressional districts —geographical areas within the state of approximately equal population—in a process called redistricting . 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

6720-401: The close of these discussions, on September 8, a Committee of Style and Arrangement, including Alexander Hamilton from New York , William Samuel Johnson from Connecticut , Rufus King from Massachusetts , James Madison from Virginia, and Gouverneur Morris from Pennsylvania, was appointed to distill a final draft constitution from the 23 approved articles. The final draft, presented to

6840-420: The convention on September 12, contained seven articles, a preamble and a closing endorsement , of which Morris was the primary author. The committee also presented a proposed letter to accompany the constitution when delivered to Congress. The final document, engrossed by Jacob Shallus , was taken up on Monday, September 17, at the convention's final session. Several of the delegates were disappointed in

6960-466: The convention were chosen by the state legislatures of 12 of the 13 original states ; Rhode Island refused to send delegates. The convention's initial mandate was limited to amending the Articles of Confederation, which had proven highly ineffective in meeting the young nation's needs. Almost immediately, however, delegates began considering measures to replace the Articles. The first proposal discussed, introduced by delegates from Virginia , called for

7080-998: The creation of state constitutions . While the ideas of unalienable rights, the separation of powers and the structure of the Constitution were largely influenced by the European Enlightenment thinkers, like Montesquieu , John Locke and others, Benjamin Franklin and Thomas Jefferson still had reservations about the existing forms of government in Europe. In a speech at the Constitutional Convention Franklin stated, "We have gone back to ancient history for models of Government, and examined different forms of those Republics ... And we have viewed modern States all round Europe but find none of their Constitutions suitable to our circumstances." Jefferson maintained, that most European governments were autocratic monarchies and not compatible with

7200-418: The federal judiciary. On July 24, a Committee of Detail , including John Rutledge (South Carolina), Edmund Randolph (Virginia), Nathaniel Gorham (Massachusetts), Oliver Ellsworth (Connecticut), and James Wilson (Pennsylvania), was elected to draft a detailed constitution reflective of the resolutions passed by the convention up to that point. The Convention recessed from July 26 to August 6 to await

7320-414: 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

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7440-489: The first senators and representatives, the first Wednesday of January (January 7, 1789); electing the first president, the first Wednesday of February (February 4); and officially starting the new government, the first Wednesday of March (March 4), when the first Congress would convene in New York City. As its final act, the Congress of Confederation agreed to purchase 10 square miles from Maryland and Virginia for establishing

7560-480: The focus of each Article remains the same as when adopted in 1787. Article I describes the Congress , the legislative branch of the federal government. Section 1 reads, "All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives ." The article establishes the manner of election and the qualifications of members of each body. Representatives must be at least 25 years old, be

7680-415: The founders drew heavily upon Magna Carta and the later writings of "Enlightenment rationalism" and English common law . Historian Daniel Walker Howe notes that Benjamin Franklin greatly admired David Hume , an eighteenth-century Scottish philosopher, and had studied many of his works while at Edinburgh in 1760. Both embraced the idea that high-ranking public officials should receive no salary and that

7800-637: The government, and some paid nothing. A few states did meet the interest payments toward the national debt owed by their citizens, but nothing greater, and no interest was paid on debts owed foreign governments. By 1786, the United States was facing default on its outstanding debts. Under the Articles, the United States had little ability to defend its sovereignty. Most of the troops in the nation's 625-man army were deployed facing non-threatening British forts on American soil. Soldiers were not being paid, some were deserting, and others were threatening mutiny. Spain closed New Orleans to American commerce, despite

7920-467: The idea of separation had for its purpose the even distribution of authority among the several branches of government. The English Bill of Rights (1689) was an inspiration for the American Bill of Rights. Both require jury trials , contain a right to keep and bear arms , prohibit excessive bail and forbid " cruel and unusual punishments ". Many liberties protected by state constitutions and

8040-444: The last Congress, requiring reelection in 1836. All representatives were elected statewide on a general ticket . All representatives were elected statewide on a general ticket . All representatives were elected statewide on a general ticket . All representatives were elected statewide on a general ticket . All representatives were elected statewide on a general ticket . All representatives were elected statewide on

8160-757: The lower class was a better judge of character when it came to choosing their representatives. In his Institutes of the Lawes of England , Coke interpreted Magna Carta protections and rights to apply not just to nobles, but to all British subjects. In writing the Virginia Charter of 1606 , he enabled the King in Parliament to give those to be born in the colonies all rights and liberties as though they were born in England. William Blackstone's Commentaries on

8280-403: 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

8400-439: The many; ... 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

8520-559: The measure 61–37. In April 2010, however, House leaders decided to shelve the proposal. Two provisions of Section 102, subsection (d) in the Washington, D.C., Admission Act by delegate Eleanor Holmes Norton and its same-titled Senate companion by Sen. Tom Carper , both introduced in 2021 and again in 2023 during the 117th and 118th Congresses , seek to amend Section 22(a) of the Reapportionment Act by adding one to

8640-415: The nation's first constitution , on March 4, 1789. Originally including seven articles, the Constitution delineates the frame of the federal government . The Constitution's first three articles embody the doctrine of the separation of powers , in which the federal government is divided into three branches: the legislative , consisting of the bicameral Congress ( Article I ); the executive , consisting of

8760-464: The need for balanced forces pushing against each other to prevent tyranny (reflecting the influence of Polybius 's 2nd century BC treatise on the checks and balances of the Roman Republic ). In his The Spirit of Law , Montesquieu maintained that the separation of state powers should be by its service to the people's liberty: legislative, executive and judicial, while also emphasizing that

8880-586: The newly formed states. Despite these limitations, based on the Congressional authority granted in Article 9, the league of states was considered as strong as any similar republican confederation ever formed. The chief problem was, in the words of George Washington , "no money." The Confederated Congress could print money, but it was worthless, and while the Congress could borrow money, it could not pay it back. No state paid its share of taxes to support

9000-466: 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). 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, during

9120-659: The number of representatives in each state is in principle to be proportional to its population. Since the adoption of the Constitution , five distinct apportionment methods have been used. The first apportionment was contained in Art. I, § 2, cl. 3 of the Constitution . After the first census in 1790, Congress passed the Apportionment Act of 1792 and adopted the Jefferson method to apportion U.S. representatives to

9240-416: The number of seats it would hold if the seat were assigned to it, n +1. Symbolically, the priority number A n 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 (in other words, for

9360-418: 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 the newly elected Republican majority may have feared the effect such a reapportionment would have on their future electoral prospects. A reapportionment in 1921 in the traditional fashion would have increased

9480-533: The office, qualifications, and duties of the President of the United States and the Vice President . The President is head of the executive branch of the federal government , as well as the nation's head of state and head of government . Article two is modified by the 12th Amendment , which tacitly acknowledges political parties, and the 25th Amendment relating to office succession. The president

9600-551: The people in the states. For the legislature, two issues were to be decided: how the votes were to be allocated among the states in the Congress, and how the representatives should be elected. In its report, now known as the Connecticut Compromise (or "Great Compromise"), the committee proposed proportional representation for seats in the House of Representatives based on population (with the people voting for representatives), and equal representation for each State in

9720-417: 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. Holmes Norton's bill previously passed the House during the 116th Congress but not the Senate. Apart from the requirement that each state is to be entitled to at least one representative in the House of Representatives,

9840-407: The power to regulate and govern military forces and militias , suppress insurrections and repel invasions. It is to provide for naturalization, standards of weights and measures, post offices and roads, and patents; to directly govern the federal district and cessions of land by the states for forts and arsenals. Internationally, Congress has the power to define and punish piracies and offenses against

9960-494: The powers of government within the U.S. states. The majority of the 17 later amendments expand individual civil rights protections. Others address issues related to federal authority or modify government processes and procedures. Amendments to the United States Constitution, unlike ones made to many constitutions worldwide, are appended to the document. The original U.S. Constitution was handwritten on five pages of parchment by Jacob Shallus . The first permanent constitution, it

10080-428: The preservation of the Union." The proposal might take effect when approved by Congress and the states. On the appointed day, May 14, 1787, only the Virginia and Pennsylvania delegations were present, and the convention's opening meeting was postponed for lack of a quorum. A quorum of seven states met on May 25, and deliberations began. Eventually 12 states were represented, with Rhode Island refusing to participate. Of

10200-414: The presidency) passed the Reapportionment 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 upon the 1959 admission of Alaska and Hawaii into the Union. Two states, Wyoming and Vermont , have populations smaller than the average for

10320-418: The president commissions all the offices of the federal government as Congress directs; and may require the opinions of its principal officers and make " recess appointments " for vacancies that may happen during the recess of the Senate. The president ensures the laws are faithfully executed and may grant reprieves and pardons with the exception of Congressional impeachment . The president reports to Congress on

10440-528: The principle of consent of the governed in his Two Treatises of Government . Government's duty under a social contract among the sovereign people was to serve the people by protecting their rights. These basic rights were life, liberty, and property . Montesquieu's influence on the framers is evident in Madison's Federalist No. 47 and Hamilton's Federalist No. 78 . Jefferson, Adams, and Mason were known to read Montesquieu. Supreme Court Justices ,

10560-515: The procedure subsequently used by the 13 states to ratify it. The Constitution of the United States is the oldest and longest-standing written and codified national constitution in force in the world. The drafting of the Constitution , often referred to as its framing, was completed at the Constitutional Convention , which assembled at Independence Hall in Philadelphia between May 25 and September 17, 1787. Delegates to

10680-501: The process outlined in Article VII of the proposed Constitution, the state legislatures were tasked with organizing "Federal Conventions" to ratify the document. This process ignored the amendment provision of the Articles of Confederation which required unanimous approval of all the states. Instead, Article VII called for ratification by just nine of the 13 states—a two-thirds majority. Two factions soon emerged, one supporting

10800-431: 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. Taken at face-value, with the nation's population reaching approximately 308.7 million according to the 2010 census , the proposed amendment would have called for an up-to 6,000-member House. However, in the context of its original construction,

10920-504: The prospect of defeat, the Federalists relented, promising that if the Constitution was adopted, amendments would be added to secure individual liberties. With that, the anti-Federalists' position collapsed. On June 21, 1788, New Hampshire became the ninth state to ratify. Three months later, on September 17, the Congress of the Confederation certified the ratification of eleven states, and passed resolutions setting dates for choosing

11040-532: The protests of U.S. officials. When Barbary pirates began seizing American ships of commerce, the Treasury had no funds to pay toward ransom. If a military crisis required action, the Congress had no credit or taxing power to finance a response. Domestically, the Articles of Confederation was failing to bring unity to the diverse sentiments and interests of the various states. Although the Treaty of Paris in 1783

11160-492: The purpose of representation in the federal government, and by requiring the return of escaped slaves to their owners, even if captured in states where slavery had been abolished. Finally, the delegates adopted the Connecticut Compromise , which proposed a Congress with proportional representation in the lower house and equal representation in the upper house (the Senate) giving each state two senators. While these compromises held

11280-503: 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. The size of

11400-425: The report of this "Committee of Detail". Overall, the report of the committee conformed to the resolutions adopted by the convention, adding some elements. A twenty-three article (plus preamble) constitution was presented. From August 6 to September 10, the report of the committee of detail was discussed, section by section and clause by clause. Details were attended to, and further compromises were effected. Toward

11520-442: The result, a makeshift series of unfortunate compromises. Some delegates left before the ceremony and three others refused to sign. Of the thirty-nine signers, Benjamin Franklin summed up, addressing the convention: "There are several parts of this Constitution which I do not at present approve, but I am not sure I shall never approve them." He would accept the Constitution, "because I expect no better and because I am not sure that it

11640-402: The same population. Another proposed expansion rule, the cube root rule , calls for the membership of the legislature to be based on the cube 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 the national population exceeds

11760-532: The seats among the states since the 1940 census reapportionment. Federal law requires the clerk 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 decennial census . The size of a state's total congressional delegation (which in addition to representative(s) includes 2 senators for each state) also determines

11880-441: The situation was substantially less clear. Congress passed a law in 1850 declaring future apportionment would be done with Hamilton'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 the Civil War ), and no real apportionment method

12000-463: The size of each state's representation in the U.S. Electoral College . Under Article 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 the Clerk of the House of Representatives to notify each state government no later than January 25 of the year immediately following

12120-462: The size of its representation in the U.S. Electoral College , which elects the U.S. president . Article One , Section 2, Clause 3 of the United 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

12240-448: 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

12360-500: The size of the House to 483 seats , 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. In 1929 Congress (with Republican control of both houses of Congress and

12480-416: The spirit of the Articles. In September 1786, during an inter–state convention to discuss and develop a consensus about reversing the protectionist trade barriers that each state had erected, James Madison questioned whether the Articles of Confederation was a binding compact or even a viable government. Connecticut paid nothing and "positively refused" to pay U.S. assessments for two years. A rumor at

12600-477: The states Morris substituted "of the United States" and then listed the Constitution's six goals, none of which were mentioned originally. The Constitution's main provisions include seven articles that define the basic framework of the federal government. Articles that have been amended still include the original text, although provisions repealed by amendments under Article V are usually bracketed or italicized to indicate they no longer apply. Despite these changes,

12720-420: The states based on population. The Jefferson method required fractional remainders to be discarded when calculating each state's total number of U.S. representatives and was used until the 1830 census. The Webster method , proposed in 1832 by Daniel Webster and adopted for the 1840 census, allocated an additional representative to states with a fractional remainder greater than 0.5. From 1850 to 1900,

12840-548: 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. When talking about the populations within California's reapportioned House districts in 1951, a report from Duke University found that "[there] is not an excessive disparity in district populations, but [the populations and disparities are] perhaps larger than necessary." If

12960-675: The time was that a seditious party of New York legislators had opened a conversation with the Viceroy of Canada . To the south, the British were said to be openly funding Creek Indian raids on Georgia, and the state was under martial law . Additionally, during Shays' Rebellion (August 1786 – June 1787) in Massachusetts, Congress could provide no money to support an endangered constituent state. General Benjamin Lincoln

13080-571: The ultimate interpreters of the constitution, have cited Montesquieu throughout the Court's history. (See, e.g. , Green v. Biddle , 21 U.S. 1, 1, 36 (1823). United States v. Wood , 39 U.S. 430, 438 (1840). Myers v. United States , 272 U.S. 52, 116 (1926). Nixon v. Administrator of General Services , 433 U.S. 425, 442 (1977). Bank Markazi v. Peterson , 136 U.S. 1310, 1330 (2016).) Montesquieu emphasized

13200-403: The union, and the population increased. Elections 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 the Constitutional Convention (one representative for every 40,000) was inadequate and supported an alteration to reduce that number to 30,000. This

13320-412: The whole number of persons in each State" has traditionally been understood to include non-citizens for purposes of apportionment. 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

13440-430: Was adopted by the full Congress in mid-November of that year. Ratification by the 13 colonies took more than three years and was completed March 1, 1781. The Articles gave little power to the central government. While the Confederation Congress had some decision-making abilities, it lacked enforcement powers. The implementation of most decisions, including amendments to the Articles, required legislative approval by all 13 of

13560-425: Was first, voting unanimously 30–0; Pennsylvania second, approving the measure 46–23; and New Jersey third, also recording a unanimous vote. As 1788 began, Connecticut and Georgia followed Delaware's lead with almost unanimous votes, but the outcome became less certain as leaders in key states such as Virginia, New York, and Massachusetts expressed concerns over the lack of protections for people's rights. Fearing

13680-401: Was obliged to raise funds from Boston merchants to pay for a volunteer army. Congress was paralyzed. It could do nothing significant without nine states, and some legislation required all 13. When a state produced only one member in attendance, its vote was not counted. If a state's delegation was evenly divided, its vote could not be counted towards the nine-count requirement. The Congress of

13800-517: Was of similar concern to less populous states, which under the Articles had the same power as larger states. To satisfy interests in the South, particularly in Georgia and South Carolina, the delegates agreed to protect the slave trade, that is, the importation of slaves, for 20 years. Slavery was protected further by allowing states to count three-fifths of their slaves as part of their populations, for

13920-427: Was partly based on common law and on Magna Carta (1215), which had become a foundation of English liberty against arbitrary power wielded by a ruler. The idea of Separation of Powers inherent in the Constitution was largely inspired by eighteenth-century Enlightenment philosophers, such as Montesquieu and John Locke . The influence of Montesquieu, Locke, Edward Coke and William Blackstone were evident at

14040-402: Was signed between Britain and the U.S., and named each of the American states, various states proceeded to violate it. New York and South Carolina repeatedly prosecuted Loyalists for wartime activity and redistributed their lands. Individual state legislatures independently laid embargoes, negotiated directly with foreign authorities, raised armies, and made war, all violating the letter and

14160-564: Was superseded by Section 2 of the Fourteenth 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. 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

14280-403: Was the only time that Washington pronounced an opinion on any of the actual issues debated during the entire convention. Five years later, Washington was so insistent on having no more than 30,000 constituents per representative that he exercised the first presidential veto in history on a bill which allowed half states to go over the quota. In Federalist No. 55 , James Madison argued that

14400-485: 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. This unofficial adoption of Webster's method was driven by the discovery of the Alabama paradox , which created an uproar in the House. The Apportionment Act of 1911 , in addition to setting the number of U.S. representatives at 435, returned to

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