Apportionment in the United States


Count and Increase

State Seat Changes in the House of Representatives

This visualization shows which states gained or lost House seats in each year and which held steady. Looking at the years preceding 1920, the Count and Increase tradition manifests itself in the sea of up-arrows and dashes (indicating increases or no change). Looking at the years after 1920, the sudden cascade of down arrows announces the capping of the House’s membership, the creation of the automated apportionment system, and the advent of the Announce and Transmit era.

Key Findings of Count and Increase:

  1. As the population of the United States increased, so too did the size of the House of Representatives. (As illustrated on the USapportionment.org home page.) This general rule held true for 10 of the first 13 censuses.
  2. Congress decided the size of the House of Representatives at each apportionment, basing that decision on a variety of factors. But over time the answers to a few questions proved particularly important decade to decade:
  3. The exceptions prove the rules.
    • In a few cases, Congress made special accommodations, adding a few seats in extraordinary circumstances. (See Anomalous Additions.)
    • The Count and Increase tradition broke down from 1840-1860 and in 1920.
  4. Even with the Count and Increase tradition, the number of people per representative tended to increase. But since the end of the Count and Increase tradition, the growth in that ratio has been staggering.

Data

Population of States and Counties of the United States: 1790 - 1990
Apportionment and Apportionment Population Based on the 1990 Census
United States Summary: 2010 Population and Housing Unit Counts
States Ranked by Population: 2000
Twelfth Census of the United States Taken in the Year 1900, Population, Part 1

Legislation

  • 1790 Census
  • Act Providing for Apportionment following the 1790 Census (April 14, 1792)
  • 1800 Census
  • An Act Providing for Apportionment following the 1800 Census (January 14, 1802)
  • 1810 Census
  • An Act Providing for Apportionment following the 1810 Census (December 21, 1811)
    An Act Apportioning Seats for Maine (April 7, 1820)
  • 1820 Census
  • An Act Providing for Apportionment following the 1820 Census (March 7, 1822)
    An Act Amending 1820 Apportionment (January 14, 1823)
  • 1830 Census
  • An Act Providing for Apportionment following the 1830 Census (May 22, 1832)
  • 1840 Census
  • An Act Providing for Apportionment following the 1840 Census (June 25, 1842)
  • 1850 Census
  • Census Act of 1850 (May 23, 1850)
    An Act Amending the Census Act of 1850 (June 30, 1852)
  • 1860 Census
  • An Act Providing for Apportionment following the 1860 Census (March 4, 1862)
  • 1870 Census
  • An Act Providing for Apportionment following the 1870 Census (February 2, 1872)
    An Act Amending 1870 Apportionment (May 30, 1872)
  • 1880 Census
  • An Act Providing for Apportionment following the 1880 Census (February 25, 1882)
  • 1890 Census
  • An Act Providing for Apportionment following the 1890 Census (February 7, 1891)
  • 1900 Census
  • An Act Providing for Apportionment following the 1900 Census (January 16, 1901)
  • 1910 Census
  • An Act Fixing the Size of the House of Representatives (August 8, 1911)
  • 1929
  • Reapportionment and Census Act of 1929 (June 18, 1929)
  • 1940 Census
  • An Act Providing for Apportionment following the 1940 Census (April 25, 1940)
    An Act Setting the Apportionment Method for Future Censuses (November 15, 1941))

    Anomalous Additions

    After the Count was completed, special methodological issues or geographic changes could cause unique arguments to boil in Congress over how apportionment would occur. Increasing the size of the House was sometimes used as an elegant tool to solve these complicated problems.

    Pre-1790 Census:
    Temporarily apportioned house seats for Kentucky and Vermont, awaiting the 1790 post-census reapportionment (Feb. 29, 1791 legislation)

    1820 Census:
    In December, 1821, Secretary of State John Quincy Adams reported the results of the 1820 census to Congress, but he had some bad news: some of the results from Alabama (which had only just become a state in 1819) were very, very late---so late that a few counties’ worth of data had to be omitted from the official state population. Congress initially passed an apportionment law (March 7, 1822) that increased the size of the House from 187 seats to 212 seats, with Alabama’s delegation growing to 2 seats. Then Congress reconsidered in 1823, bearing in mind the missing figures from Alabama, and decided to increase the House by one more seat, to 213, and to give that added seat to the uncertainty-plagued state of Alabama.

    1850 Census:
    After the 1850 census, the first returns made it back to census headquarters in August, 1850. But the returns from California took until February 1852 to arrive, and when they got to D.C., they were incomplete: a fire in California had burned some substantial number of the census records and the census had no records for San Francisco, Santa Clara, and Contra Costa Counties. Congress only had a rough estimate of California’s population to go on. The 1850 census mostly represented a break [link to break section] from the Count and Increase tradition---the size of the House had been set ahead of time at 233 seats (so as to neither increase nor decrease the size) and was supposed to be apportioned automatically. But in response to the California data disasters, Congress interfered in its planned automatic system and added one extra seat for California (so that it had 2), increasing the House to 234 seats (June 30, 1852 legislation).

    1870 Census
    The 1870 census count took place in the shadow of the Civil War. Its returns drew immediate criticism from all over. It was, in the description of historian Margo Anderson, “plagued with undercounts, local demands for recounts, and poor responses to questions.” Congress initially passed an apportionment that increased the size of the House by 40 members to 283 seats---at that size, only New Hampshire and Vermont would lose a seat. (Virginia appears to have lost a seat in our visualization, but that is another anomaly caused by the creation of West Virginia.) This increase would have been entirely ordinary within the Count and Increase tradition. But Congress reconsidered in May 1872, adding another 9 seats, which was necessary to ensure that no states lost a seat, and possibly also necessary to get enough votes to pass the bill. (Because of the Constitutional requirement for proportionality, saving a seat for a small state like NH or VT could sometimes mean handing out extra seats to many other states too.) A very large increase in the size of the House helped make do after a very controversial census.

    1950 Census:
    By 1950, the Count and Increase tradition had ended. The House was effectively capped at 435 seats. That is why the temporary increase of the House to 437 seats on the eve of the 1960 census looks like an anomaly. Hawaii and Alaska were admitted to the union and each was given one temporary seat until the next census. After the 1960 count, the reapportionment was conducted again to distribute the number of house seats back to 435.


    Expansionary Expansions

    As States were added to the expanding country, the size of the House was also increased to provide new states with appropriate representation.

    Year Admitted State Seats Granted
    1796 Tennessee +1
    1803 Ohio +1
    1812 Louisiana +1
    1816 Indiana +1
    1817 Mississippi +1
    1818 Illinois +1
    1819 Alabama +1
    1820 Maine ___
    1821 Missouri +1
    1836 Arkansas +1
    1837 Michigan +1
    1845 Florida +1
    1845 Texas +2
    1846 Iowa +2
    1848 Wisconsin +2
    1850 California +2
    1858 Minnesota +2
    1859 Oregon +1
    1861 Kansas +1
    1863 West Virginia +3 (breaking from VA)
    1864 Nevada +1
    1867 Nebraska +1
    1876 Colorado +1
    1889 North Dakota +1
    1889 South Dakota +2
    1889 Montana +1
    1889 Washington +1
    1890 Idaho +1
    1890 Wyoming +1
    1896 Utah +1
    1907 Oklahoma +5
    1912 New Mexico +2
    1912 Arizona +1
    1959 Alaska +1
    1959 Hawaii +1

    Breakdowns in the Count and Increase Tradition

    1840-1860:
    The three censuses leading up to the Civil War constitute a series of exceptions to the Count and Increase tradition. In 1840, Congress---after long debates that contemplated larger Houses---settled on a smaller House for the first time. It would have been the last time too, had the Civil War not caused a very drastic decrease in the size of the House as the entire South seceded. After the Civil War, though, the Count and Increase tradition took hold once again.

    1920:
    Congress failed to reapportion itself repeatedly in the 1920s. That failure owes to many intersecting causes, but the most significant was this: the House leadership and many of its members decided to keep the size of the House steady, at 435 seats. Bills for larger Houses at 460 and 483 seats nearly made it through, but were resisted by those intent on capping the House. In 1929, Congress finally succeeded in passing a bill---for the 1930 census apportionment. Originally pitched as an insurance policy, in case Congress failed again to apportion itself, the new automatic apportionment law (revised in 1940 and 1941) became the default option, removing any expectation of Congressional action apportionment, and ensuring the House would stay at 435 seats. The Count and Increase tradition gave way to the era of Announce and Transmit.