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United States congressional apportionment

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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. After each state is assigned one seat in the House, most states are then apportioned a number of additional seats which roughly corresponds to its share of the aggregate population of the 50 states. Every state is constitutionally guaranteed two seats in the Senate and at least one seat in the House, regardless of population.

The U.S. House of Representatives' maximum number of seats has been limited to 435, capped at that number by the Reapportionment Act of 1929—except for a temporary (1959–1962) increase to 437 when Alaska and Hawaii were admitted into the Union. The Huntington–Hill method of equal proportions has been used to distribute the seats among the states since the 1940 census reapportionment. Federal law requires the clerk of the United States House of Representatives to notify each state government of the number of seats apportioned to the state no later than January 25 of the year immediately following each decennial census.

The size of a state's total congressional delegation (which in addition to representative(s) includes 2 senators for each state) also determines the size of its representation in the U.S. Electoral College, which elects the U.S. president.

Article One, Section 2, Clause 3 of the United States Constitution initially provided:

Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons. The Number of Representatives shall not exceed one for every thirty Thousand, but each State shall have at least one Representative;…

The phrase "all other persons" refers to slaves, a word not used in the Constitution until the Thirteenth Amendment.

Following the end of the Civil War, the first of those provisions was superseded by Section 2 of the Fourteenth Amendment:

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. But when the right to vote at any election for the choice of electors for President and Vice-President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State.

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