The Congressional Apportionment Amendment was, and remains, a proposed amendment to the United States Constitution. It was the first of twelve amendments offered by the 1st Congress on September 25, 1789, to the state legislatures for ratification pursuant to Article V of the Constitution. It pertains to the division of seats among the states in the United States House of Representatives following each decennial census. Page I of the Constitution of the United States of America Page II of the United States Constitution Page III of the United States Constitution Page IV of the United States Constitution The Syng inkstand, with which the Constitution was signed The Constitution of the United States is the supreme... (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. ... September 25 is the 268th day of the year (269th in leap years). ... 1789 was a common year starting on Thursday (see link for calendar). ... State legislatures are the lawmaking bodies of the 50 states in the United States of America. ... ... Seal of the House of Representatives The United States House of Representatives is one of the two houses of the Congress of the United States, the other being the Senate. ... The U.S. Census is mandated by the United States Constitution. ...

Text and purpose of the amendment

The Congressional Apportionment Amendment 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.

The Amendment seeks to make certain that seats in the House of Representatives are reapportioned according to population every ten years, but given the current population of the United States, the algorithm that it sets forth would now place very few restrictions on the size of the House. Were this amendment to be ratified today, it would allow anywhere between 200 and nearly 6,000 Representatives. Presently, there are 435 members of the House of Representatives and a handful of non-voting Delegates from places 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 what is called the "method of equal proportions." Flowcharts are often used to represent algorithms. ... 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 representative of a U.S. territory in the United States House of Representatives. ...

Background and history

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 was a common year starting on Saturday (see link for calendar). ... United States Bill of Rights The Bill of Rights is the name given to the first ten amendments of 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. 1992 was a leap year starting on Wednesday. ... Amendment XXVII (the Twenty-seventh Amendment) to the United States Constitution reads: // History & background This amendment to the United States Constitution provides that any change in the salary of members of Congress may only take effect after the next general election. ...

The Congressional Apportionment Amendment, however, was ratified by the legislatures of only the following eleven states—just shy of the thirteen required during the late 1700s: Events and trends The Bonneville Slide blocks the Columbia River near the site of present-day Cascade Locks, Oregon with a land bridge 200 feet (60 m) high. ...

• New Jersey on November 20, 1789
• Maryland on December 19, 1789
• North Carolina on December 22, 1789
• South Carolina on January 19, 1790
• New Hampshire on January 25, 1790
• New York on March 27, 1790
• Rhode Island on June 15, 1790
• Pennsylvania on September 21, 1791 (after rejecting it on March 10, 1790)
• 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)
• Vermont on November 3, 1791 and
• Kentucky on June 24, 1792

The Congressional Apportionment Amendment was rejected by lawmakers in Delaware on January 28, 1790. No action is known to have occurred with regard to this particular Amendment by legislators in Connecticut, Georgia or Massachusetts. State nickname: The Garden State Other U.S. States Capital Trenton Largest city Newark Governor Richard Codey (D) Acting Senators Jon Corzine (D) Frank Lautenberg (D) Official languages None defined Area 22,608 km² (47th)  - Land 19,231 km²  - Water 3,378 km² (14. ... November 20 is the 324th day of the year (325th in leap years) in the Gregorian Calendar. ... 1789 was a common year starting on Thursday (see link for calendar). ... State nickname: Old Line State; Free State Other U.S. States Capital Annapolis Largest city Baltimore Governor Robert L. Ehrlich (R) Senators Paul Sarbanes (D) Barbara Mikulski (D) Official languages English Area 32,160 km² (42nd)  - Land 25,338 km²  - Water 6,968 km² (21%) Population (2000)  - Population 5,296... December 19 is the 353rd day of the year (354th in leap years) in the Gregorian calendar. ... State nickname: Tar Heel State Other U.S. States Capital Raleigh Largest city Charlotte Governor Michael Easley (D) Senators Elizabeth Dole (R) Richard Burr (R) Official languages English Area 139,509 km² (28th)  - Land 126,256 km²  - Water 13,227 km² (9. ... December 22 is the 356th day of the year (357th in leap years) in the Gregorian Calendar. ... State nickname: Palmetto State Other U.S. States Capital Columbia Largest city Columbia Governor Mark Sanford (R) Senators Lindsey Graham (R) Jim DeMint (R) Official languages English Area 82,965 km² (40th)  - Land 78,051 km²  - Water 4,915 km² (6%) Population (2000)  - Population {{{2000Pop}}} (26th)  - Density 51. ... January 19 is the 19th day of the year in the Gregorian Calendar. ... 1790 was a common year starting on Friday (see link for calendar). ... State nickname: The Granite State Other U.S. States Capital Concord Largest city Manchester Governor John Lynch (D) Senators {{{Senators}}} Official languages English Area 24,239 km² (46th)  - Land 23,249 km²  - Water 814 km² (3. ... January 25 is the 25th day of the year in the Gregorian Calendar. ... State nickname: Empire State Other U.S. States Capital Albany Largest city New York City Governor George Pataki (R) Senators Charles Schumer (D) Hillary Rodham Clinton (D) Official languages None (English is de facto) Area 141,205 km² (27th)  - Land 122,409 km²  - Water 18,795 km² (13. ... March 27 is the 86th day of the year in the Gregorian Calendar (87th in Leap years). ... State nickname: The Ocean State, Little Rhody Other U.S. States Capital Providence Largest city Providence Governor Donald Carcieri (R) Senators Jack Reed (D) Lincoln Chafee (R) Official languages None Area 4,005 km² (50th)  - Land 2,709 km²  - Water 1,296 km² (32. ... June 15 is the 166th day of the year in the Gregorian calendar (167th in leap years), with 199 days remaining. ... State nickname: The Keystone State Other U.S. States Capital Harrisburg Largest city Philadelphia Governor Ed Rendell (D) Senators Arlen Specter (R) Rick Santorum (R) Official languages None Area 119,283 km² (33rd)  - Land 116,074 km²  - Water 3,208 km² (2. ... September 21 is the 264th day of the year (265th in leap years). ... 1791 was a common year starting on Saturday (see link for calendar). ... March 10 is the 69th day of the year in the Gregorian Calendar (70th in Leap years). ... State nickname: Old Dominion Other U.S. States Capital Richmond Largest city Virginia Beach Governor Mark R. Warner (D) Senators John Warner (R) George Allen (R) Official languages English Area 110,862 km² (35th)  - Land 102,642 km²  - Water 8,220 km² (7. ... October 25 is the 298th day of the year (299th in leap years) in the Gregorian Calendar, with 67 days remaining. ... State nickname: The Green Mountain State Other U.S. States Capital Montpelier Largest city Burlington Governor Jim Douglas (R) Senators Patrick Leahy (D) Jim Jeffords (I) Official languages None Area 24,923 km² (43th)  - Land 23,974 km²  - Water 949 km² (3. ... November 3 is the 307th day of the year (308th in leap years) in the Gregorian Calendar, with 58 days remaining. ... State nickname: Bluegrass State Other U.S. States Capital Frankfort Largest city Louisville Governor Ernie Fletcher (R) Official languages English Area 104,749 km² (37th)  - Land 102,989 km²  - Water 1,760 km² (1. ... June 24 is the 175th day of the year (176th in leap years) in the Gregorian Calendar, with 190 days remaining. ... 1792 was a leap year starting on Sunday (see link for calendar). ... State nickname: The First State Other U.S. States Capital Dover Largest city Wilmington Governor Ruth Ann Minner (D) Senators Joe Biden (D) Thomas Carper (D) Official languages None Area 6,452 km² (49th)  - Land 5,068 km²  - Water 1,387 km² (21. ... January 28 is the 28th day of the year in the Gregorian Calendar. ... State nickname: The Constitution State Other U.S. States Capital Hartford Largest city Bridgeport Governor M. Jodi Rell (R) Senators Chris Dodd (D) Joe Lieberman (D) Official languages English Area 14,371 km² (48th)  - Land 12,559 km²  - Water 1,809 km² (12. ... State nickname: Bay State Other U.S. States Capital Boston Largest city Boston Governor Mitt Romney (R) Senators Edward Kennedy (D) John Kerry (D) Official languages English Area 27,360 km² (44th)  - Land 20,317 km²  - Water 7,043 km² (25. ...

According to the Supreme Court's ruling in the 1939 case of Coleman v. Miller, because there is no deadline for its ratification, the Congressional Apportionment Amendment 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. It is doubtful, however, that the legislatures of any additional states will approve it. Seal of the Supreme Court The Supreme Court of the United States, the highest court in the United States of America, is the head of the Judicial Branch of the Federal Government. ... 1939 was a common year starting on Sunday (link will take you to calendar). ... Coleman v. ...

See also

• Unsuccessful attempts to amend the U.S. Constitution

The United States Constitution has been changed only 27 times since it was completed in 1787. ...

References

• 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

• 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.