Not unrelated to the issue of whether the people of Washington D.C. should have a voting representative in the House is the issue of how the size of the House is set. Few people probably even consider that the number of representatives in the House is set by Congress and fewer still are aware that when the first Congress drafted the proposed bill of rights that Article the First, the first of their proposed amendments, was designed to answer the needs of an expected growth in population and that along with the second of their proposed amendments (later adopted as the 27th amendment) this proposed amendment was not ratified with the original bill of rights.
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.
When James Madison wrote the first draft of this three months before the final proposed Bill of Rights was adopted by Congress he included two changes to his proposal that I would include in any current discussion of the issue. First, he left the numbers blank besides that which had already been specified in the Constitution – thus allowing for the framework to be discussed and the final numbers to be arrived at by consensus. Second, he specified that after the first census each state should have a minimum of two Representatives. I would also add that with our population filled out to over 300 Million we may not need a multi-tiered approach anymore. We might be able to safely skip to the final proportion of the amendment. With those changes the proposed amendment would look like this:
The proportion of voters for each representative shall be so regulated by Congress that there shall not be less than [First Blank] Representatives, nor less than one Representative for every [Second Blank] persons, but each State shall have at least two Representatives.
One of the major changes that this would produce would be that Congress could no longer directly regulate the number of members of Congress – they could only regulate the proportion so that as the population grew (or even shrunk in some extraordinary circumstance) the size of Congress would automatically adjust accordingly.
In my previous writings on this topic I have suggested that the second blank could be 200,000 (a number I adopted from the Daily Kos) but I am more concerned with the principle that Congress be limited to regulating the proportion than with any particular number.
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