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dpb dpb is offline
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Default Light Bulbs are getting Expensive / New Tax

Jim Yanik wrote:
dpb wrote in :

Jim Yanik wrote:
...
The House grows according to population;seems proper.

The only constitutional rule relating to the size of the House says
"The Number of Representatives shall not exceed one for every thirty
Thousand."

Congress regularly increased the size of the House after the census to
account for growth but fixed the size of the House at 435 seats in
1911.


I believe you are wrong in that.

I find no Amendment near that date that modifies Article I,Section 2.3.
It was modified by the 14th Amendment(in 1868),but not in the manner you
cite.

.....

What, specifically, do you think wrong?

I didn't say there was an Amendment. AFAIK, the number has been 435
since 1911 except for a short period after the addition of AK and HI to
which it then reverted. The fix of the number was, I believe by a
legislative act. It is possible it actually is a House Rule as opposed
to Federal law, I don't recall; I'm going on what I remember from HS
Government which is almost that long ago itself, by now.

The real point I was making is that the size of the House doesn't change
after every Census, only reapportionment as necessary.

Whichever mechanism it was, it hasn't been ruled unconstitutional by the
Supreme Court which is the arbitrating authority for such questions.
One would presume in the nearly 100 years subsequent if there were much
doubt of how a ruling would come down there would have been a case filed.

From a practical matter, it's unlikely the founders considered the
possibility of 300 million in population in the calculation of any size
growth and a consequent essentially unlimited growth in the size of the
House.

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