Reapportionment: How Often Does The Constitution Require It?

The US Constitution requires the reapportionment of Representatives among the states based on the population size of each state. Reapportionment is the allocation of a set number of districts among established units of government. The US Constitution mandates that the number of Representatives be augmented from time to time. This augmentation is done through reapportionment, which occurs following each decennial census. The Reapportionment Act of 1929, also known as the Permanent Apportionment Act of 1929, established a permanent method for apportioning a constant 435 seats in the US House of Representatives according to each census.

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The Reapportionment Act of 1929

The 1929 Act established a system where House seats would be reallocated to states based on shifts in population. It did not provide specific directions regarding congressional redistricting, allowing states flexibility in drawing districts of varying sizes and shapes. This lack of guidance had significant effects, as states could abandon districts and elect representatives at-large, which several states, including New York, Illinois, Washington, Hawaii, and New Mexico, chose to do.

The U.S. Constitution requires reapportionment of congressional seats according to population data from a decennial census. Reapportionment is the process of allocating a set number of districts among states, with each state guaranteed at least one representative and a maximum of one for every 30,000 persons. The number of representatives has increased over time due to population growth and the admission of new states to the Union.

The Fourteenth Amendment

Section 1 of the Fourteenth Amendment formally defines United States citizenship and protects various civil rights from being abridged or denied by any state law or state action. The Citizenship Clause overruled the Supreme Court's Dred Scott decision that African Americans could not become citizens. The clause constitutionalized the Civil Rights Act of 1866's grant of citizenship to all born within the United States, except the children of foreign diplomats. The Fourteenth Amendment also eliminated the three-fifths clause by stating that "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.".

Redistricting

The number of seats in the House of Representatives is fixed at 435 by the Reapportionment Act of 1929, also known as the Permanent Apportionment Act of 1929. This Act established a permanent method for apportioning the 435 seats according to each census, with each state guaranteed at least one Representative and no more than one for every 30,000 persons. The Act was passed to address the vast representational inequity that had arisen due to population growth and demographic shifts between 1910 and 1920.

The process of redistricting is carried out by the state governments, who determine the boundaries of congressional districts within their states. The primary requirement governing redistricting is that districts of a given type must have equal or nearly equal populations. This is calculated by dividing the total state population by the number of desired districts, resulting in an ideal district population.

The Huntington-Hill method of equal proportions has been used to distribute the seats among the states since the 1940 census reapportionment. This method involves creating a ranked priority list of states based on their population size and the number of additional seats they have received, with the states receiving the most additional seats being ranked higher.

Controversy often surrounds the process of reapportionment and redistricting, as political power can be significantly impacted by the allocation of seats and district boundaries. Despite this, the reapportionment process has proceeded without much controversy since the passage of the Permanent Apportionment Act of 1929.

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The US Constitution's requirements

The US Constitution requires that the US House of Representatives be reapportioned every 10 years, following the completion of a national census. The US Constitution also mandates that each state must be guaranteed at least one Representative and that there can be no more than one Representative for every 30,000 people.

The US Constitution does not specify the total number of Representatives or the method of apportionment to be used. Instead, these are determined by federal law, which is enacted prior to the census. The Reapportionment Act of 1929, also known as the Permanent Apportionment Act of 1929, established a permanent method for apportioning a constant 435 seats in the US House of Representatives according to each census. This number was temporarily increased to 437 when Alaska and Hawaii became states in 1959.

The US Constitution also requires that each state's representation in the US Electoral College be determined by the size of its total congressional delegation (House and Senate seats). This is known as the "Huntington-Hill method of equal proportions".

Reapportionment is a highly controversial process, and it has often been a source of political conflict. For example, following the 1920 census, a battle erupted between rural and urban factions, resulting in Congress's failure to reapportion the House. This failure led to vast representational inequities, with some states' districts being twice as large as others by 1929 due to population growth and demographic shifts.

To address these issues, Congress passed the Reapportionment Act of 1929, which established a procedure for automatically reapportioning House seats after every decennial census. This legislation put the reapportionment process on "autopilot", and since its passage, reapportionment has proceeded with less controversy.

The Huntington-Hill method

The US Constitution calls for reapportionment of congressional seats every ten years, according to population data from the decennial census. This process is known as "reapportionment" and ensures that each state is represented in the House of Representatives based on its population size.

• Each of the 50 states is initially given one guaranteed seat in the House of Representatives, leaving 385 seats to be distributed.
• The remaining seats are allocated one by one to the state with the highest average district population, reducing its district population with each seat assigned.
• The total population is divided by the number of representatives to determine a divisor.
• Each state's population is then divided by the divisor, resulting in quotas for each state.
• Using the Huntington-Hill method, the lower quota is found by rounding down, and the geometric mean is calculated based on these lower quotas.
• If a state's quota is less than the geometric mean, it is rounded down, and if it is more, it is rounded up, determining the number of seats allocated to each state.

It is important to note that the Huntington-Hill method differs from other methods, such as Webster's method, in its rounding approach. While Webster's method rounds at 0.5, Huntington-Hill rounds at the geometric mean. This means that if a state's quotient exceeds its geometric mean, it will be allocated an additional seat.

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