Unratified Amendment Twelve to the United States Constitution

Originally proposed in 1789, this amendment to the United States Constitution failed to pass. It is theoretically still pending, but unlikely to ever pass (it deals with setting the size of Congress).

After the first enumeration required by the first Article of the Constitution, there shall be one Representative for every thirty thousand, until the number shall amount to one hundred, after which the proportion shall be so regulated by Congress, that there shall be not less than one hundred Representatives, nor less than one Representative for every forty thousand persons, until the number of Representatives shall amount to two hundred; after which the proportion shall be so regulated by Congress, that there shall not be less than two hundred Representatives, nor more than one Representative for every fifty thousand persons.

The amendment seeks to make certain that seats in the House of Representatives are apportioned according to population, but given the current population of the United States, the algorithm it sets forth would now place very few restrictions on the size of the House. Were this amendment to pass today, it would allow anywhere between two hundred and nearly six thousand Representatives. The present number of 435 fits comfortably within this range.

See also : United States Constitution