|
From findlaw:
Clause 3. Apportionment of Seats in the House
The Census Requirement
While Sec. 2 expressly provides for an enumeration of persons, Congress has repeatedly directed an enumeration not only of the free persons in the States, but also of those in the territories, and has required all persons over eighteen years of age to answer an ever- lengthening list of inquiries concerning their personal and economic affairs. This extended scope of the census has received the implied approval of the Supreme Court; 314 it is one of the methods whereby the national legislature exercises its inherent power to obtain the information necessary for intelligent legislative action. Although taking an enlarged view of its power in making the enumeration of persons called for by this section, Congress has not always complied with its positive mandate to reapportion representatives among the States after the census is taken. 315 It failed to make such a reapportionment after the census of 1920, being unable to reach agreement for allotting representation without further increasing the size of the House. Ultimately, by the act of June 18, 1929, 316 it provided that the membership of the House of Representatives should henceforth be restricted to 435 members, to be distributed among the States by the so-called ''method of major fractions,'' which had been earlier employed in the apportionment of 1911 and which has now been replaced with the ''method of equal proportions.'' Following the 1990 census, a State that had lost a House seat as a result of the use of this formula sued, alleging a violation of the ''one person, one vote'' rule. Exhibiting considerable deference to Congress and a stated appreciation of the difficulties in achieving interstate equalities, the Supreme Court upheld the formula and the resultant apportionment.
|