When did the House of Representatives fix its number at 435 and how did it do it without amendment?

If you look at Article 1, Section 2 of the Constitution, the mechanism is in place to increase the size of the House, however, the number has been the same for a long time. Someone said that it was fixed back in 1913, however, there is no amendment to the Constitution allowing that. Therefore, when did it happen and how?

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  • gary L
    Lv 4
    1 decade ago
    Favorite Answer

    Section 2 : ... "The actual Enumeration shall be made within three Years after the first Meeting of the Congress of the United States, and within every subsequent Term of ten Years, in such Manner as they shall by Law direct. ..."

    http://www.usconstitution.net/const.html

    House of Representatives determines how many people in the House.

    Reapportionment Act of 1929

    June 18, 1929, ch. 28, 46 Stat. 21

    Upheld by WOOD v. BROOM, 287 U.S. 1 (1932)

    http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?c...

  • Anonymous
    1 decade ago

    Setting the number at 435 did indeed occur in roughly 1912 - 1913 or so. It was set in a law. Congress passed a law saying that the number would no longer increase every ten years unless some kind of new legislation is passed. Is this a violation of the Constitution? I don't know. I haven't studied it. If it is unconstitutional, how did Congress "get away with" doing it? Again, I don't know. Perhaps there was a case before the Supreme Court and the Justices somehow came up with an excuse for not taking seriously what the Constitution says.

    But besides all that, can you imagine how many seats there would be in the House now if they hadn't "capped" the number? If it is unconstitutional for Congress to pass a law capping the number, amending the Constitution anyway would have been very appropriate.

  • John S
    Lv 6
    1 decade ago

    There is a formula to determine how many representatives there are from each state. This formula is applied every 10 years, after the census has been taken.

  • Anonymous
    1 decade ago

    every 10 years census is taken in each state. the number of people in a state determines the number of reps for that state.

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  • 1 decade ago

    every 10 years census is taken in each state. the number of people in a state determines the number of reps for that state.

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