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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. The First United States Congress was a meeting of the legislative branch of the United States federal government consisting of the United States Senate and the Events 303 - On a voyage preaching the Gospel, Saint Fermin of Pamplona is beheaded in Amiens, France Year 1789 ( MDCCLXXXIX) was a Common year starting on Thursday (link will display the full calendar of the Gregorian calendar (or a Common In the United States of America, a state legislature is a generic term referring to the legislative body of any of the country's 50 states. Article Five of the United States Constitution describes the process whereby the Constitution may be altered

Contents

Text

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

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]

Background and history

The original drive for this amendment was aimed at controlling the size of electoral districts. The Federalists attempted and largely succeeded in defusing 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 - Article The First. Article the First (also referred to as the Congressional Apportionment Amendment) is the first proposed amendment to the United States Constitution though 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. [8].

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 -Article The First. Article the First (also referred to as the Congressional Apportionment Amendment) is the first proposed amendment to the United States Constitution though Article the First was requested even ahead of a demand for what ultimately became the Bill of Rights. In the United States the Bill of Rights is the name by which the first ten amendments to the United States Constitution are known 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. 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:

"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 [9]. "

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" [10].

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"[11]

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. Year 1791 ( MDCCXCI) was a Common year starting on Saturday (link will display the full calendar of the Gregorian calendar (or a Common In the United States the Bill of Rights is the name by which the first ten amendments to the United States Constitution are known

The second of the twelve amendments, which concerned Congressional compensation, was finally ratified more than two centuries later in 1992 and belatedly became the Twenty seventh Amendment. Year 1992 ( MCMXCII) was a Leap year starting on Wednesday (link will display full 1992 Gregorian calendar) The Twenty-seventh Amendment ( Amendment XXVII) is the most recent Amendment to 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. New Jersey ( is a state in the Mid-Atlantic and Northeastern regions of the United States. Events 284 - Diocletian was chosen as Roman Emperor. 762 - Bögü Khan of the Uyghurs, Year 1789 ( MDCCLXXXIX) was a Common year starting on Thursday (link will display the full calendar of the Gregorian calendar (or a Common Events 324 - Licinius abdicates his position as Roman Emperor. Year 1789 ( MDCCLXXXIX) was a Common year starting on Thursday (link will display the full calendar of the Gregorian calendar (or a Common North Carolina ( is a state located on the Atlantic Seaboard in the southeastern United States Events 1790 - The Turkish fortress of Izmail is stormed and captured by Suvorov and his Russian armies Year 1789 ( MDCCLXXXIX) was a Common year starting on Thursday (link will display the full calendar of the Gregorian calendar (or a Common South Carolina ( is a state in the southern region ( Deep South) of the United States of America. Events 1419 - Hundred Years' War: Rouen surrenders to Henry V of England completing his reconquest of Normandy. Year 1790 ( MDCCXC) was a Common year starting on Friday (link will display the full calendar of the Gregorian calendar (or a Common year New Hampshire ( is a state in the New England region of the northeastern United States of America. Events 41 - After a night of negotiation Claudius is accepted as Roman Emperor by the Senate Year 1790 ( MDCCXC) was a Common year starting on Friday (link will display the full calendar of the Gregorian calendar (or a Common year New York ( is a state in the Mid-Atlantic and Northeastern regions of the United States and is the nation's third most populous Events 196 BC - Ptolemy V ascends to the throne of Egypt. 1309 - Pope Clement V excommunicates Year 1790 ( MDCCXC) was a Common year starting on Friday (link will display the full calendar of the Gregorian calendar (or a Common year Rhode Island ( officially named the State of Rhode Island and Providence Plantations, is a state in the New England region of the United States Events 763 BC - Assyrians record a Solar eclipse that will be used to fix the Chronology of Mesopotamian history Year 1790 ( MDCCXC) was a Common year starting on Friday (link will display the full calendar of the Gregorian calendar (or a Common year The Commonwealth of Pennsylvania ( often colloquially referred to as PA (its abbreviation by natives and Northeasterners is a state located in the Northeastern Events 1217 - The Estonian tribal leader Lembitu of Lehola was killed in a battle against Teutonic Knights. Year 1791 ( MDCCXCI) was a Common year starting on Saturday (link will display the full calendar of the Gregorian calendar (or a Common Events 241 BC - First Punic War: Battle of the Aegates Islands - The Romans sink the Carthaginian fleet bringing Year 1790 ( MDCCXC) was a Common year starting on Friday (link will display the full calendar of the Gregorian calendar (or a Common year The Commonwealth of Virginia ( is an American state Events 1147 - The Portuguese, under Afonso I, and Crusaders from England and Flanders conquer Lisbon after a Year 1791 ( MDCCXCI) was a Common year starting on Saturday (link will display the full calendar of the Gregorian calendar (or a Common Events 533 - Byzantine general Belisarius defeats the Vandals, commanded by King Gelimer, at the Battle of Vermont ( is a state in the New England region of the northeastern United States of America. Events 644 - Umar ibn al-Khattab, the second Muslim Caliph, is killed by a Persian slave in Medina. Year 1791 ( MDCCXCI) was a Common year starting on Saturday (link will display the full calendar of the Gregorian calendar (or a Common The Commonwealth of Kentucky ( is a state located in the East Central United States of America. Events 972 - Battle of Cedynia, the first documented victory of Polish forces takes place Year 1792 ( MDCCXCII) was a Leap year starting on Sunday (link will display the full calendar of the Gregorian calendar (or a Leap year Delaware ( is a state located on the Atlantic Coast in the Mid-Atlantic region of the United States. Events 1077 - Walk to Canossa: The Excommunication of Henry IV Holy Roman Emperor is lifted Year 1790 ( MDCCXC) was a Common year starting on Friday (link will display the full calendar of the Gregorian calendar (or a Common year

No action is known to have occurred with regard to this particular Amendment by legislators in Connecticut, Georgia or Massachusetts. Connecticut ( is a state located in the New England region of the northeastern United States of America. The State of Georgia ( is a state in the United States and was one of the original Thirteen Colonies that revolted against British rule The Commonwealth of Massachusetts ( is a state located in the New England region of the northeastern United States.

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. The Supreme Court of the United States is the highest judicial body in the United States and leads the federal judiciary. Year 1939 ( MCMXXXIX) was a Common year starting on Sunday (link will display the full calendar of the Gregorian calendar. Coleman v Miller, is a landmark decision of the United States Supreme Court which clarified that if the Congress of the United States &mdashwhen proposing 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.

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 size of the United States House of Representatives refers to total number of congressional districts (or seats into which the land area of the United States proper has been divided A Delegate to Congress is a non-voting member of the United States House of Representatives who is elected from a U Washington DC ( formally the District of Columbia and commonly referred to as Washington, the District, or simply D 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 present statutes would comply with the article's final language so long as there are at least 50,000 people in each Congressional district; as apportioned after the 2000 census, even the smallest district (the lone district of Wyoming) far exceeds this number. This is a complete list of congressional districts for representation in the United States House of Representatives. The State of Wyoming ( is a sparsely populated state in the western region of the United States. Therefore, ratification of this article today would have no impact on the present Congressional apportionment process, though it could impact future changes to the process. United States congressional apportionment is the redistribution of the 435 seats in the United States House of Representatives among the 50 states in consequence

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"[12].

See also

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. ^ National Government Archives - history - July 2, 1788
  9. ^ Confederation & Constitution: Bill of Rights: James Madison Proposal: Speech
  10. ^ The Founders Constitution
  11. ^ Journal of the Senate of the United States of America, Volume 1, Page 69
  12. ^ Ralph Ketcham, The Antifederalist Papers and the Constitutional Convention Debates, page 155

External links

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