Article The First (also referred to as "The Congressional Apportionment Amendment") was and is the very first proposed amendment to the United States Constitution though it has not yet been ratified. It was the first of twelve amendments produced by the 1st Congress on September 25, 1789, and submitted to the state legislatures for ratification pursuant to Article V of the Constitution. Image File history File links Unbalanced_scales. ... Shortcut: WP:NPOVD Articles that have been linked to this page are the subject of an NPOV dispute (NPOV stands for Neutral Point Of View; see below). ... (Redirected from 1st Congress) Dates of Sessions 1789-1791 The first session of this Congress took place in New York City from March 4, 1789 to September 29, 1789. ... is the 268th day of the year (269th in leap years) in the Gregorian calendar. ... Year 1789 (MDCCLXXXIX) was a common year starting on Thursday (link will display the full calendar) of the Gregorian calendar (or a common year starting on Monday of the 11-day slower Julian calendar). ... Federal courts Supreme Court Chief Justice Associate Justices Elections Presidential elections Midterm elections Political Parties Democratic Republican Third parties State & Local government Governors Legislatures State Courts Counties, Cities, and Towns Other countries Politics Portal      In the United States of America, a state legislature is a generic term referring to the... Article Five of the United States Constitution describes the process whereby the Constitution may be altered. ...

Text of the amendment

Article the First reads as follows:

Article the first...After the first enumeration required by the first article of the Constitution, there shall be one Representative for every thirty thousand, until the number shall amount to one hundred, after which the proportion shall be so regulated by Congress, that there shall be not less than one hundred Representatives, nor less than one Representative for every forty thousand persons, until the number of Representatives shall amount to two hundred; after which the proportion shall be so regulated by Congress, that there shall not be less than two hundred Representatives, nor 'MORE' than one Representative for every fifty thousand persons.(emphasis added)

Purpose of the amendment

This amendment was proposed as a means to ensure a MINIMUM representation for the common people in the new government defined by United States Constitution. ^{[1] [2] [3] [4] [5] [6]} In the very first Congress, amendments properly addressing the issue were produced by both the House and the Senate, each providing for a minimum representation based on the expanding population of the nation. But a joint House Senate committee, assigned the duty of compromising between the two versions, substituted the word 'MORE' (as emphasized in the text of the Amendment above) for the word 'LESS' perhaps crippling, if not reversing the intent of the amendment after the membership of the House would have increased to a level of 200 ^[7]

Why Article the First has been renamed as "The Congressional Apportionment Amendment" is a pretty fair question in that this Amendment has nothing to do with apportionment as that term is used in The United States Constitution. Article I Section2 quite specifically defines the apportionment of the seats in the House of Representatives among the states as "Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers", and Article the First does not alter one word of it. Nor does this Amendment in any way alter the Constitutional mandate that “each state shall have at least one representative”.

What was not defined in Article I section 2 and is still undefined is a Constitutional means by which representation of the common man in the United States House representatives can be preserved so as to prevent the perfection of an oligarchy. But for the unamended “apportionment” clause, it is possible to interpret the Constitution in such a way as to say that there need be only one representative for each state for a total of fifty House members. While the current apportionment language allows a House membership of up to ten thousand representatives based on current national population, the legislature is in no way Constitutionally bound to increase the membership 'of the House in order to preserve even a modicum of representation for the common people. Article the First was not about apportionment of power among the states. It was about essential Liberty.^[8] Forms of government Part of the Politics series Politics Portal This box:      Oligarchy (Greek , Oligarkhía) is a form of government where political power effectively rests with a small, elite segment of society (whether distinguished by wealth, family or military powers). ... Liberty is generally considered a concept of political philosophy and identifies the condition in which an individual has immunity from the arbitrary exercise of authority. ...

Background and history

The original drive for this amendment was aimed at controlling the size of electoral districts. It was correctly predicted that an oligarchy would form as overly large electoral districts gave too much favor to aristocrats and demagogues. The Federalists attempted and largely succeeded in diffusing the issue through their acquiescence to amendments concerning the matter beginning with the Massachusetts ratification convention. A version of Article the First was prominently among the very first of over twenty amendments that were defined by the various ratifying conventions - #Amendments Requested. And the assurance that these amendments would be addressed in the very first congress was essential to the ratification of the new Constitutional government.

"By January 9, 1788, five states of the nine necessary for ratification had approved the Constitution--Delaware, Pennsylvania, New Jersey, Georgia, and Connecticut. But the eventual outcome remained uncertain in pivotal states such as Massachusetts, New York, and Virginia. On February 6, with Federalists agreeing to recommend a list of amendments amounting to a bill of rights, Massachusetts ratified by a vote of 187 to 168

....

In the next 2 months, thanks largely to the efforts of Madison and Hamilton in their own states, Virginia and New York both ratified while adding their own amendments. The margin for the Federalists in both states, however, was extremely close. Hamilton figured that the majority of the people in New York actually opposed the Constitution, and it is probable that a majority of people in the entire country opposed it. Only the promise of amendments had ensured a Federalist victory. ^[9].

The original object of broader representation was compromised in the ratifying conventions in order to set forth a more concise request for amendment and, perhaps at the same time, to weaken it -#Amendments Requested. Article the First was requested even ahead of a demand for what ultimately became the Bill of Rights. The people were quite concerned about both the size of electoral districts and the term of office in their House of Representatives. They wanted these districts to remain small and the term of office to remain brief, to better enable them to quickly remove representatives that did not act in such a way as the people desired #Madison on Constituency Size. The people of the nation were already averse to constituencies (representative districts) as large as thirty thousand and there was much controversy over the issue during the ratification process. What would become Article the First and other amendments were called for by James Madison in the House on June 8, 1789. Madison's proposed text of the amendment was as follows: The United States Bill of Rights consists of the first 10 amendments to the United States Constitution. ...

"After the first actual enumeration, there shall be one Representative for every thirty thousand, until the number amounts to [first blank], after which the proportion shall be so regulated by Congress, that the number shall be not less than [second blank], nor more than [third blank], but each state shall after the first enumeration, have at least two representatives ^[10]."

What emerged as the final House version of the amendment was as follows:

"After the first enumeration required by the first article of the Constitution, there shall be one Representative for every thirty thousand, until the number shall amount to one hundred, after which the proportion shall be so regulated by Congress, that there shall be not less than one hundred Representatives, nor less than one Representative for every forty thousand persons, until the number of Representatives shall amount to two hundred; after which the proportion shall be so regulated by Congress, that there shall not be less than two hundred Representatives, nor 'LESS' than one Representative for every fifty thousand persons" ^[11].

Such language if interpreted as an algorithm would have created a membership in today's House of 1600 members. If interpreted as a static minimum number of representatives the language would create a House of 6000 members with today's population. That text (with the word “LESS”) stands as the official house version of the amendment before the alteration by the joint committee.

The Senate took up the measure on September 2, 1789 and were resolved as to the following:

“After the first enumeration, required by the first article of the Constitution, there shall be one Representative for every thirty thousand, until the number shall amount to one hundred, to which number one representative shall be added for every subsequent increase of forty thousand, until representatives shall amount to two hundred, to which one representative shall be added for every subsequent increase of sixty thousand"^[12]

This language would have set the membership of today's House at either 800 (if the amendment was interpreted to define and algorithm) or 5000 if the amendment was interpreted as a static minimum.

There is much speculation as to why the amendment was altered as it was when neither the House or Senate versions of the amendment had any such a limitation.^[7]

By 1791, the legislatures of a sufficient number of states had ratified the last ten of the twelve proposed amendments, which became the Bill of Rights, but not the first two. 1791 (MDCCXCI) was a common year starting on Saturday (see link for calendar) of the Gregorian calendar (or a common year starting on Tuesday of the 11-day-slower Julian calendar). ... The United States Bill of Rights consists of the first 10 amendments to the United States Constitution. ...

The second of the twelve amendments, which concerned Congressional compensation, was finally ratified more than two centuries later in 1992 and belatedly became the 27th Amendment. Year 1992 (MCMXCII) was a leap year starting on Wednesday (link will display full 1992 Gregorian calendar). ... Page 1 of the certification of Amendment XXVII in the National Archives Page 2 of the amendments certification Page 3 of the amendments certification Amendment XXVII (the Twenty-seventh Amendment) is the most recent amendment to be incorporated into the United States Constitution, having been ratified in 1992...

Article the First, however, was ratified by the legislatures of only the following eleven states—just shy of the number required in the late 1700's.

1. New Jersey on November 20, 1789
2. Maryland on December 19, 1789
3. North Carolina on December 22, 1789
4. South Carolina on January 19, 1790
5. New Hampshire on January 25, 1790
6. New York on March 27, 1790
7. Rhode Island on June 15, 1790
8. Pennsylvania on September 21, 1791 (after rejecting it on March 10, 1790)
9. Virginia on October 25, 1791 (a few weeks prior to the date on which Virginia ratified what is today the 27th Amendment as well as those ten amendments that became the Bill of Rights on December 15 of that year)
10. Vermont on November 3, 1791 and
11. Kentucky on June 24, 1792

Although the act, on the part of state legislatures, of "rejecting" a proposed constitutional amendment has no legal recognition, such action does have political implications—the Congressional Apportionment Amendment was rejected by lawmakers in Delaware on January 28, 1790. “NJ” redirects here. ... is the 324th day of the year (325th in leap years) in the Gregorian calendar. ... Year 1789 (MDCCLXXXIX) was a common year starting on Thursday (link will display the full calendar) of the Gregorian calendar (or a common year starting on Monday of the 11-day slower Julian calendar). ... Official language(s) None (English, de facto) Capital Annapolis Largest city Baltimore Area  Ranked 42nd  - Total 12,407 sq mi (32,133 km²)  - Width 101 miles (145 km)  - Length 249 miles (400 km)  - % water 21  - Latitude 37° 53′ N to 39° 43′ N  - Longitude 75° 03′ W to 79° 29... is the 353rd day of the year (354th in leap years) in the Gregorian calendar. ... Year 1789 (MDCCLXXXIX) was a common year starting on Thursday (link will display the full calendar) of the Gregorian calendar (or a common year starting on Monday of the 11-day slower Julian calendar). ... Official language(s) English Capital Raleigh Largest City = Charlotte Largest city {{{LargestCity}}} Area  Ranked 28th  - Total 53,865 sq mi (139,509 km²)  - Width 150 miles (240 km)  - Length 560[1] miles (901 km)  - % water 9. ... December 22 is the 356th day of the year (357th in leap years) in the Gregorian calendar. ... Year 1789 (MDCCLXXXIX) was a common year starting on Thursday (link will display the full calendar) of the Gregorian calendar (or a common year starting on Monday of the 11-day slower Julian calendar). ... Official language(s) English Capital Charleston(1670-1789) Columbia(1790-present) Largest city Columbia Largest metro area Columbia Area  Ranked 40th  - Total 34,726 sq mi (82,965 km²)  - Width 200 miles (320 km)  - Length 260 miles (420 km)  - % water 6  - Latitude 32° 2′ N to 35° 13′ N  - Longitude... is the 19th day of the year in the Gregorian calendar. ... Year 1790 (MDCCXC) was a common year starting on Friday (link will display the full calendar) of the Gregorian calendar (or a common year starting on Monday of the 11-day slower Julian calendar). ... Official language(s) English Capital Concord Largest city Manchester Area  Ranked 46th  - Total 9,350 sq mi (24,217 km²)  - Width 68 miles (110 km)  - Length 190 miles (305 km)  - % water 4. ... is the 25th day of the year in the Gregorian calendar. ... Year 1790 (MDCCXC) was a common year starting on Friday (link will display the full calendar) of the Gregorian calendar (or a common year starting on Monday of the 11-day slower Julian calendar). ... This article is about the state. ... is the 86th day of the year (87th in leap years) in the Gregorian calendar. ... Year 1790 (MDCCXC) was a common year starting on Friday (link will display the full calendar) of the Gregorian calendar (or a common year starting on Monday of the 11-day slower Julian calendar). ... This article is about the U.S. State. ... is the 166th day of the year (167th in leap years) in the Gregorian calendar. ... Year 1790 (MDCCXC) was a common year starting on Friday (link will display the full calendar) of the Gregorian calendar (or a common year starting on Monday of the 11-day slower Julian calendar). ... Capital Harrisburg Largest city Philadelphia Area  Ranked 33rd  - Total 46,055 sq mi (119,283 km²)  - Width 280 miles (455 km)  - Length 160 miles (255 km)  - % water 2. ... is the 264th day of the year (265th in leap years) in the Gregorian calendar. ... 1791 (MDCCXCI) was a common year starting on Saturday (see link for calendar) of the Gregorian calendar (or a common year starting on Tuesday of the 11-day-slower Julian calendar). ... March 10 is the 69th day of the year (70th in leap years) in the Gregorian calendar. ... Year 1790 (MDCCXC) was a common year starting on Friday (link will display the full calendar) of the Gregorian calendar (or a common year starting on Monday of the 11-day slower Julian calendar). ... This article is about the U.S. state. ... is the 298th day of the year (299th in leap years) in the Gregorian calendar. ... 1791 (MDCCXCI) was a common year starting on Saturday (see link for calendar) of the Gregorian calendar (or a common year starting on Tuesday of the 11-day-slower Julian calendar). ... is the 349th day of the year (350th in leap years) in the Gregorian calendar. ... Official language(s) None Capital Montpelier Largest city Burlington Area  Ranked 45th  - Total 9,620 sq mi (24,923 km²)  - Width 80 miles (130 km)  - Length 160 miles (260 km)  - % water 3. ... is the 307th day of the year (308th in leap years) in the Gregorian calendar. ... 1791 (MDCCXCI) was a common year starting on Saturday (see link for calendar) of the Gregorian calendar (or a common year starting on Tuesday of the 11-day-slower Julian calendar). ... Official language(s) English[1] Capital Frankfort Largest city Louisville Area  Ranked 37th  - Total 40,444 sq mi (104,749 km²)  - Width 140 miles (225 km)  - Length 379 miles (610 km)  - % water 1. ... is the 175th day of the year (176th in leap years) in the Gregorian calendar. ... 1792 was a leap year starting on Sunday (see link for calendar). ... This article is about the U.S. State of Delaware. ... is the 28th day of the year in the Gregorian calendar. ... Year 1790 (MDCCXC) was a common year starting on Friday (link will display the full calendar) of the Gregorian calendar (or a common year starting on Monday of the 11-day slower Julian calendar). ...

No action is known to have occurred with regard to this particular Amendment by legislators in Connecticut, Georgia or Massachusetts. Official language(s) English Capital Hartford Largest city Bridgeport Largest metro area Hartford Area  Ranked 48th  - Total 5,543[2] sq mi (14,356 km²)  - Width 70 miles (113 km)  - Length 110 miles (177 km)  - % water 12. ... This article is about the U.S. State. ...

According to the Supreme Court's ruling in the 1939 case of Coleman v. Miller, because there is no deadline for its ratification, Article the First is technically still pending before state lawmakers. Today, with 50 states in the Union, the legislatures of 27 more states, for a total of 38, would have to ratify the Amendment in order for it to become part of the federal Constitution. Based on the current U.S. population and the traditions governing the size of the House of Representatives, it is unlikely, however, that the legislatures of any additional states will approve it. Federal courts Supreme Court Circuit Courts of Appeal District Courts Elections Presidential elections Midterm elections Political Parties Democratic Republican Third parties State & Local government Governors Legislatures (List) State Courts Local Government Other countries  Atlas  Politics Portal      The Supreme Court of the United States (sometimes colloquially referred to by the acronym... Year 1939 (MCMXXXIX) was a common year starting on Sunday (link will display the full calendar) of the Gregorian calendar. ... Coleman v. ...

Currently, there are 435 members of the House of Representatives and six non-voting Delegates from the District of Columbia and the Territories that do not possess statehood status. The 435 figure is set by statute (2 U.S.C. 2a & 2b) and the allocation of seats among the 50 states is calculated by using "method of equal proportions." The United States House of Representatives has 435 voting members elected for two-year terms from each of the states. ... A Delegate to Congress is a non-voting member of the United States House of Representatives who is elected from a U.S. territory or from the District of Columbia. ... ...

Amendments Requested

Ratification - North Carolina Massachusetts Ratifying Convention Ratification in New York

Madison on Constituency Size

" Should Experience or public opinion require an equal and universal suffrage for each branch of the Government such as prevails generally in the U.S., (then) a resource favorable to the rights of landed and other property, when its possessors become the Minority, may be found in the enlargement of the Election Districts for ONE branch of the Legislature and a prolongation of its period of service. Large districts are manifestly favorable to the election of persons of general respectability, and of probable attachment to the rights of property, over competitors depending on the personal solicitations practicable on a contracted theater. And although an ambitious candidate, of personal distinction, might occasionally recommend himself to popular choice by espousing a popular though unjust object, it might rarely happen to many districts at the same time. The tendency of a longer period of service would be, to render the Body more stable in its policy, and more capable of stemming popular currents taking a wrong direction, till reason and justice could regain their ascendancy. Should even such a modification as the last be deemed inadmissible, and universal suffrage and very short periods of elections within contracted spheres be required for each branch of the Government, the security for the holders of property when the minority, can only be derived from the ordinary influence possessed by property, and the superior information incident to its holders; from the popular sense of justice enlarged and by a diffusive education; and from the difficulty of combining and effectuating unjust purposes throughout an extensive country; a difficulty essentially distinguishing the U.S. and even most of the individual States, from the small communities where a mistaken interest or contagious passion, could readily unite a majority of the whole under a factious leader in trampling on the rights of the Minor party"^[13].

See also

• List of amendments to the United States Constitution
• List of proposed amendments to the United States Constitution
• Unsuccessful attempts to amend the U.S. Constitution

The first ten amendments to the United States Constitution are known as the Bill of Rights. This is a complete list of all ratified and unratified amendments to the United States Constitution which have received the approval of the Congress. ... This is an incomplete list of proposed amendments to the United States Constitution, in reverse chronological order. ... The United States Constitution has been amended on 18 occasions—with a total of 27 individual successful amendments—since the Constitution was completed in 1787. ...

References

1. ^ "Brutus III"
2. ^ "Brutus IV "
3. ^ "Representation I"
4. ^ "Representation II"
5. ^ "Representation III"
6. ^ "Representation IV"
7. ^ ^{a b} "Journal of the House of Representatives Section I page 121"
8. ^ "Article the first of the Bill of Rights -- Bryan W. Bricker ISBN 978-1-84728-951-3
9. ^ National Government Archives - history - July 2, 1788
10. ^ [http://www.jmu.edu/madison/center/main_pages/madison_archives/constit_confed/rights/jmproposal/jmspeech.htm
11. ^ The Founders Constitution
12. ^ Journal of the Senate of the United States of America, Volume 1, Page 69
13. ^ Ralph Ketcham, The Antifederalist Papers and the Constitutional Convention Debates, page 155

• Congressional Research Service. (1992). Proposed amendments not ratified by the states. In The Constitution of the United States of America: Analysis and Interpretation. (Senate Document No. 103–6). (Johnny H. Killian and George A. Costello, Eds.). Washington, DC: U.S. Government Printing Office.

External links

[[1]]

• The Constitution of the United States of America: Analysis and Interpretation is available at:
  • GPO Access - Official version of the document at the U.S. Government Printing Office.
  • FindLaw – FindLaw's version of the official document; incorporates 1996 and 1998 supplements into text, but does not include prefatory material included in official version.