Constitutional history -- United States -- Sources; Constitutional law -- United States
The remaining charge against the House of Representatives, which I am
to examine, is grounded on a supposition that the number of members
will not be augmented from time to time, as the progress of population
may demand. It has been admitted, that this objection, if well
supported, would have great weight. The following observations will
show that, like most other objections against the Constitution, it can
only proceed from a partial view of the subject, or from a jealousy
which discolors and disfigures every object which is beheld. 1. Those
who urge the objection seem not to have recollected that the federal
Constitution will not suffer by a comparison with the State
constitutions, in the security provided for a gradual augmentation of
the number of representatives. The number which is to prevail in the
first instance is declared to be temporary. Its duration is limited to
the short term of three years. Within every successive term of ten
years a census of inhabitants is to be repeated. The unequivocal
objects of these regulations are, first, to readjust, from time to
time, the apportionment of representatives to the number of
inhabitants, under the single exception that each State shall have one
representative at least; secondly, to augment the number of
representatives at the same periods, under the sole limitation that the
whole number shall not exceed one for every thirty thousand
inhabitants. If we review the constitutions of the several States, we
shall find that some of them contain no determinate regulations on this
subject, that others correspond pretty much on this point with the
federal Constitution, and that the most effectual security in any of
them is resolvable into a mere directory provision. 2. As far as
experience has taken place on this subject, a gradual increase of
representatives under the State constitutions has at least kept pace
with that of the constituents, and it appears that the former have been
as ready to concur in such measures as the latter have been to call for
them. 3. There is a peculiarity in the federal Constitution which
insures a watchful attention in a majority both of the people and of
their representatives to a constitutional augmentation of the latter.
The peculiarity lies in this, that one branch of the legislature is a
representation of citizens, the other of the States: in the former,
consequently, the larger States will have most weight; in the latter,
the advantage will be in favor of the smaller States. From this
circumstance it may with certainty be inferred that the larger States
will be strenuous advocates for increasing the number and weight of
that part of the legislature in which their influence predominates. And
it so happens that four only of the largest will have a majority of the
whole votes in the House of Representatives. Should the representatives
or people, therefore, of the smaller States oppose at any time a
reasonable addition of members, a coalition of a very few States will
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