There is a lot of discussion these days about redistricting and creating congressional seats to help/hurt the current political parties. While the fighting continues, it is worth taking a look back at what the founding fathers thought about how representation should look like.

The First Congress of the United States proposed 12 amendments to the Constitution in 1789. Ten of those 12 amendments were ratified by three-fourths of the state legislatures on December 15, 1791. The ratified Articles (Articles 3–12) made up the first 10 amendments of the Constitution (commonly known as the U.S. Bill of Rights). In 1992, 203 years after it was proposed, Article 2 was ratified as the 27th Amendment to the Constitution and prevents any changes to the salaries of Congress members from taking effect until after the next election of representatives has occurred.

Article 1 was never ratified.

That article called “The Congressional Apportionment Amendment” was proposed by Congress and addressed the number of seats in the House of Representatives, 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.

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 (The average number of people according to the 2020 census data per congressional district is 761,169).

In 2020, the U.S. census recorded a population of 331.4 million. If the amendment were ratified today, it would result in a House of Representatives with at least 1,700 members (under the terms of the final version of the amendment adopted by Congress).

Because the House wanted a manageable number of members, Congress twice set the size of the House at 435 voting members. President William H. Taft signed legislation increasing the membership of the House from 391 to 433 in 1911 (two more members were added when New Mexico and Arizona became states).

Currently seven states (Alaska, Wyoming, Montana, North Dakota, South Dakota, Vermont, and Delaware) have a single Representative. Were this amendment pass, these states would certainly gain greater representation.

Many will say by expanding the House, representatives would be closer to their constituents and more in tune with their needs. This could increase trust and political engagement among the public. It would also result in an increase to the size of the Electoral College. This could help reduce the disproportionate voting power of smaller states and prevent a candidate from winning the presidency without winning the popular vote.

One of the questions raised is “could this plan help/hinder either party”? The Case for Enlarging the House of Representatives study ran 10,000 simulations of the 2020 election at various House sizes. Neither party gained more than a 3 percent advantage in their odds of controlling the chamber and many House sizes saw no change at all.

The downside to expanding the House would be that a larger and more diverse legislative body could make it more difficult to achieve consensus and pass legislation. When more parties or factions are introduced, collective action problems and coordination problems may increase. It would also lead to higher costs to cover the expense of expansion.

Others will argue Congress has more responsibilities than ever before, leading to some representatives becoming overburdened and overscheduled. Many Americans including veterans and small business owners and employees require regular assistance from congressional offices, which can be inundated with requests from massive constituencies and thus not able to serve them in timely manner.

To amend the U.S. Constitution, ratification is required by three-fourths of the states, which currently means 38 out of 50 states must approve it. This approval can be given either by the legislatures of three-fourths of the states or by ratifying conventions in three-fourths of the states, depending on the method chosen by Congress. 

I think we’re a long way off for something like this to take place, but it should certainly be in the discussion to help keep America moving forward.