United States congressional apportionment


United States congressional apportionment 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. Each state is apportioned a number of seats which approximately corresponds to its share of the aggregate population of the 50 states. However, every state is constitutionally guaranteed at least one seat.
The number of voting seats in the House of Representatives has been 435 since 1913, capped at that number by the Reapportionment Act of 1929—except for a temporary increase to 437 when Alaska and Hawaii were admitted into the Union.
The size of a state's total congressional delegation also determines the size of its representation in the U.S. Electoral College, which elects the U.S. president.

Constitutional context

, Section 2, Clause 3 of the United States Constitution initially provided:
"Three-fifths of all other persons" refers to the inclusion of of the slaves in the population base.
Following the end of the Civil War, the first of those provisions was superseded by Section 2 of the Fourteenth Amendment:

Reapportionment

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 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.
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 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 the redistricting, the decennial census does not affect the elections that are held during that same year. For example, the electoral college apportionment during the 2000 presidential election was still based on the 1990 census results. Likewise, the congressional districts and the electoral college during the 2020 general elections will still be based on the 2010 census.

Number of members

The size of the U.S. House of Representatives refers to total number of congressional districts 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 a representative in 2008, and the U.S. Virgin Islands. Puerto Rico also elects a resident commissioner every four years.

Controversy and history

Since 1789, when the Federal Government began operating under the Constitution, the number of citizens per congressional district has risen from an average of 33,000 in 1790 to over 700,000. Prior to the 20th century, the number of representatives increased every decade as more states joined the union, and the population increased.
Starting
year
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

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 was inadequate and supported an alteration to reduce that number to 30,000. This was the only time that Washington pronounced an opinion on any of the actual issues debated during the entire convention.
In Federalist 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.
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,
Madison argued against the assumption that more is better:

Membership cap

The Apportionment Act of 1911 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 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 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 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.
Three states – Wyoming, Vermont, and North Dakota – have populations smaller than the average for a single district, although none of those states have fewer people than the least populous congressional districts. As of May 2016, there is approximately one representative for every 720,000 people in the country.

Clemons v. Department of Commerce

A 2009 lawsuit, Clemons v. Department of Commerce, sought a court order for Congress to increase the size of the House's voting membership and then reapportion the seats in accordance with the population figures of the 2010 Census. The intent of the plaintiff was to rectify the disparity of congressional district population sizes among the states that result from the present method of apportionment. Upon reaching the U.S. Supreme Court in December 2010, the holdings of the lower district and appellate courts were vacated and the case remanded to the U.S. District Court from which the case originated with instructions that the district court dismiss the case for lack of jurisdiction.

Proposed expansion

The first proposed amendment to the Constitution within the Bill of Rights attempted to set a pattern for growth of the House along with the population, but has not been ratified.
The proposed Wyoming Rule calls for expanding the House until the standard Representative-to-population ratio equals that of the smallest entitled unit. This proposal is primarily designed to address the fact that some House districts are currently nearly twice the size of others; for instance, there are just over 1 million residents in Montana's single district, compared to about 570,000 in Wyoming's. Although a larger House size will generally result in the smallest and largest districts being proportionally closer in size, this is not always the case. Therefore, in some cases, the Wyoming Rule may actually result in an increase in the ratio of the sizes of the largest and smallest districts. For instance, after the 1990 Census and with a House size of 435, the largest district had 799,065 residents, 76% larger than the smallest district. The Wyoming Rule would have given a House size of 547 in 1990. Using that size, the largest district would have had 638,800 residents, 92% larger than the smallest districts, which is larger than the 76% figure mentioned above.
Another proposed expansion rule, the Cube Root rule, calls for the membership of the legislature to be based on the cube root of the U.S. population at the last census; this can be split between the House and the Senate, if desired. For example, such a rule would call for 676 members of the legislature based on the 2010 United States Census; this could be 676 members of House, 576, or 575. An additional House member would be added each time the national population exceeds the next cube; in this case, the next House member would be added when the census population reached 308,915,777, and the one after that at 310,288,734.
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 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 111th Congress. In February 2009 the Senate adopted the measure 61–37. In April 2010, however, House leaders decided to shelve the proposal.

Apportionment methods

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. No fair apportionment method was devised until recently with five distinct apportionment methods having been used since the adoption of the Constitution, with none of them producing fully proportional apportionment among the states.
The first apportionment was contained in. After the first Census in 1790, Congress passed the Apportionment Act of 1792 and adopted the Jefferson method to apportion U.S. Representatives to 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. The Hamilton/Vinton method was used from 1850 until 1900. The Vinton or Hamilton method was shown to be susceptible to an apportionment paradox. The Apportionment 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. 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 method of equal proportions

The apportionment methodology currently used is the method of equal proportions, so called because it guarantees that no additional transfer of a seat will reduce the ratio between the numbers of persons per representative in any two states. The method of equal proportions minimizes the percentage differences in the populations of the congressional districts.
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. The priority number is determined by a formula that is mathematically computed to be the ratio of the state population to the geometric mean of the number of seats it currently holds in the assignment process, n, and the number of seats it would hold if the seat were assigned to it, n+1.
The formula for determining the priority of a state to be apportioned the next available seat defined by the method of equal proportions is
where P is the population of the state, and n is the number of seats it currently holds before the possible allocation of the next seat. An equivalent, recursive definition is
where n is still the number of seats the state has before allocation of the next, and for n = 1, the initial A1 is explicitly defined as
Consider the reapportionment following the 2010 U.S. Census: beginning with all states initially being allocated one seat, the largest value of A1 corresponds to the largest state, California, which is allocated seat 51. After being allocated its 2nd seat, its priority value decreases to its A2 value, which is reordered to a position back in line. The 52nd seat goes to Texas, the 2nd largest state, because its A1 priority value is larger than the An of any other state. However, the 53rd seat goes back to California because its A2 priority value is larger than the An of any other state. The 54th seat goes to New York because its A1 priority value is larger than the An of any other state at this point. This process continues until all 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 Census 2010 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 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.

Past apportionments

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.
Statehood
order
Census1st2nd3rd4th5th6th7th8th9th10th11th12th13th15th16th17th18th19th20th21st22nd23rd
Statehood
order
Year17891790180018101820183018401850186018701880189019001910193019401950196019701980199020002010
Statehood
order
Effected17891793180318131823183318431853186318731883189319031913193319431953196319731983199320032013
Statehood
order
Size65105142182213240223234241292325356386435435435435435435435435435435
22AL35776889910999877777
49AK111111
48AZ1122345689
25AR12345677776444444
31CA23467811202330384345525353
38CO1234444456677
5CT57776644444455666666655
1DE11121111111111111111111
27FL1122234568121519232527
4GA324679887910111112101010101010111314
50HI222222
43ID112222222222
21IL1379141920222527272625242422201918
19IN3710111113131313131211111111101099
29IA26911111111988766554
34KS137888766555444
15KY26101213101091011111111998777666
18LA13344566678888888776
23ME7876554444333222222
7MD68999866566666667888888
6MA81417201312101110111213141615141412121110109
26MI346911121213171718191918161514
32MN2357910999888888
20MS1245567788776555544
24MO12579131415161613131110109998
41MT112222222111
37NE13666544333333
36NV11111111112234
9NH34566543332222222222222
3NJ4566665557781012141414151514131312
47NM1122223333
11NY610172734403433313334343743454543413934312927
12NC510121313139878991010111212111111121313
39ND123222211111
17OH1614192121192021212122242323242321191816
46OK8986666655
33OR111223344445555
2PA813182326282425242728303236343330272523211918
13RI12222222222223222222222
8SC56899976457777666666667
40SD223222221111
16TN369131110810101010109109989999
28TX24611131618212122232427303236
45UT12222223334
14VT2465543332222111111111
10VA1019222322211513119101010109910101010111111
42WA2356677789910
35WV34456666544333
30WI36891011111010101099988
44WY111111111111

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

Changes following the 2010 censuses

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

List of apportionments

The size of the U.S. House of Representatives has increased and decreased as follows
Effective dateSizeChangeLegal provisionReason and/or comments
March 4, 178959n/aSeats apportioned by the Constitution
November 21, 178964 5North Carolina ratified the Constitution with the seats apportioned by the Constitution
May 29, 179065 1Rhode Island ratified the Constitution with the seat apportioned by the Constitution
March 4, 179167 2Vermont admitted
June 1, 179269 2Kentucky admitted
March 4, 1793105 36 Apportionment following the First Census
June 1, 1796106 1Tennessee admitted
March 1, 1803107 1Ohio admitted.
March 4, 1803142 35Apportionment following the Second Census.
April 30, 1812143 1Louisiana admitted.
March 4, 1813182 39Apportionment following the Third Census.
December 11, 1816183 1Indiana admitted.
December 10, 1817184 1Mississippi admitted.
December 3, 1818185 1Illinois admitted.
December 14, 1819186 1Alabama admitted.
March 15, 1820186Maine admitted, 7 seats transferred from Massachusetts
August 10, 1821187 1Missouri admitted
March 4, 1823213 26Apportionment following the Fourth Census
March 4, 1833240 27Apportionment following the Fifth Census
June 15, 1836241 1Arkansas admitted
January 26, 1837242 1Michigan admitted
March 4, 1843223 19Apportionment following the Sixth Census, the only time the size of the House was reduced, except for the minor readjustments in 1863 and 1963.
March 3, 1845224 1Florida admitted.
December 29, 1845226 2Texas annexed and admitted.
December 28, 1846228 2
Iowa admitted.
May 29, 1848230 2
Wisconsin admitted.
March 4, 1849231 1Additional seat apportioned to Wisconsin.
September 9, 1850233 2California admitted.
March 4, 1853233Apportionment following the Seventh Census.
March 4, 1853234 1Additional seat apportioned to California
May 11, 1858236 2Minnesota admitted.
February 14, 1859237 1Oregon admitted.
January 29, 1861238 1Kansas admitted
June 2, 1862239 1California apportioned an extra seat
March 4, 1863233 6Apportionment following the Eighth Census, in accordance with the 1850 act, which provided for an apportionment of 233 seats
March 4, 1863241 8Supplemental apportionment of 8 seats, for an overall increase of 2 seats in the 38th Congress
June 20, 1863241West Virginia admitted, three seats transferred from Virginia
October 31, 1864242 1Nevada admitted
March 1, 1867243 1Nebraska admitted
March 4, 1873283 40Apportionment following the Ninth Census, replacing the 1850 act
March 4, 1873292 9Supplemental apportionment added one seat each for nine states
August 1, 1876293 1Colorado admitted
March 4, 1883325 32Apportionment following the Tenth Census.
November 2, 1889328 3North and South Dakota admitted, with one and two seats respectively.
November 8, 1889329 1Montana admitted.
November 11, 1889330 1Washington admitted.
July 3, 1890331 1Idaho admitted.
July 10, 1890332 1Wyoming admitted.
March 4, 1893356 24Apportionment following the Eleventh Census.
January 4, 1896357 1Utah admitted.
March 4, 1903386 29Apportionment following the Twelfth Census
November 16, 1907391 5Oklahoma admitted
January 6, 1912393 2, incorporating New Mexico admitted
February 14, 1912394 1, incorporating Arizona admitted
March 4, 1913435 41 Apportionment following the Thirteenth Census
March 4, 1933435 Apportionment following the Fifteenth Census
January 3, 1943435
Apportionment following the Sixteenth Census
January 3, 1953435Apportionment following the Seventeenth Census
January 3, 1959436 1Alaska admitted
August 21, 1959437 1, §8Hawaii admitted
January 3, 1963435 2

Apportionment following the Eighteenth Census
January 3, 1973435Apportionment following the Nineteenth Census
January 3, 1983435Apportionment following the Twentieth Census
January 3, 1993435Apportionment following the Twenty-First Census
January 3, 2003435Apportionment following the Twenty-Second Census
January 3, 2013435Apportionment following the Twenty-Third Census