Congressional Apportionment Amendment

The Congressional Apportionment Amendment (originally titled Article the First) is a proposed amendment to the United States Constitution that addresses the number of seats in the House of Representatives. It was proposed by Congress on September 25, 1789, but was never ratified by the requisite number of state legislatures. As Congress did not set a time limit for its ratification, the Congressional Apportionment Amendment is still pending before the states. As of 2025, it is one of six unratified amendments.

In the 1st United States Congress, James Madison put together a package of constitutional amendments designed to address the concerns of Anti-Federalists, who were suspicious of federal power under the new constitution. The Congressional Apportionment Amendment is the only one of the twelve amendments passed by Congress which was never ratified; ten amendments were ratified by 1791 as the Bill of Rights, while the other amendment (Article the Second) was later ratified as the Twenty-seventh Amendment in 1992. A majority of the states did ratify the Congressional Apportion Amendment and, by the end of 1791, the amendment was just one state short of adoption. However, no state has ratified the amendment since 1792.

The amendment lays out a mathematical formula for determining the number of seats in the House of Representatives. It would initially have required one representative for every 30,000 constituents, with that number eventually climbing to one representative for every 50,000 constituents. However, there is some agreement that the last line contains a scrivener's error (see Mathematical discrepancies). As the amendment was never passed, Congress has set the size of the House of Representatives by statute. Congress regularly increased the size of the House to account for population growth throughout the 19th century until it fixed the number of voting House members at 435 in 1911, where aside from a temporary increase to 437 members from 1959 through 1962 after Alaska and Hawaii were admitted to the Union, it has remained.

The 2020 United States census recorded a population of 331.4 million; consequently, if the amendment were ratified today, it would result in a House of Representatives with at least 6,629 Representatives being required under the terms of the original House version of the amendment, more than twice the size of China's National People's Congress, the largest legislative body in the world.

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.

The "ideal" number of seats in the House of Representatives has been a contentious issue since the country's founding. Initially, delegates to the 1787 Constitutional Convention set the representation ratio at one representative for every 40,000 people. Upon the suggestion of George Washington, the ratio was changed to one representative for every 30,000 people. This was the only time Washington voiced an opinion on any of the actual issues debated during the 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.

...first, that so small a number of representatives will be an unsafe depositary of the public interests; secondly, that they will not possess a proper knowledge of the local circumstances of their numerous constituents; thirdly, that they will be taken from that class of citizens which will sympathize least with the feelings of the mass of the people, and be most likely to aim at a permanent elevation of the few on the depression of the many;...