Monday, October 28, 2013

Article The First, The Never-Adopted First Amendment, Sought To Increase Federal Representation Naturally

Your Congressman doesn't even know your name? Maybe there aren't enough of them, which is to say he or she represents too many people to represent you, so that we have representation without representation.

The first first amendment, Article I., sought to prevent this:

"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 be not less than two hundred representatives, nor more than one representative for every fifty thousand persons."

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Ratified by many states but never adopted, the constitution ended up with different, open-ended language, which a later act of the Congress of the United States interfered with in the 1920s, fixing representation instead of letting it continue to grow with population:

"The Number of Representatives shall not exceed one for every thirty Thousand . . .."

On this language we should have 10,490 representatives, not a fixed 435 (one for every seven hundred twenty-three Thousand at present). But on the language of Article the First, we might have had only 6,294 representatives.

The anti-federalists, however, who insisted on a bill of rights, couldn't imagine such numbers to be at all adequate to represent the people, and some of them called for one for every fifteen Thousand, which would have meant an astounding 20,979 federal representatives today.

Contrast such levels of representation with actual total representation in state legislatures in the US today (as of March 2013): 5,411, which represents a ratio of one for every fifty-eight Thousand. Clearly state government representation today, taken overall, most clearly approximates the levels of representation called for by the un-adopted Article the First for federal representation.

That said, residents of New Hampshire, with 400 representatives, are the best represented in the nation, at a ratio of one for every 3,302!

And Californians are among the worst represented with just 80 representatives to the state legislature, a ratio of one for every 475,518.