Recently, some commentators and Members of Congress have called for a change in the nature of the population used to apportion seats in the U.S. House of Representatives, advocating a change from using all “persons” to using all “citizens.” Section 2 of the 14th Amendment to the U.S. Constitution states that “Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed.” Consequently, such a change would appear to necessitate a constitutional amendment.
This report examines the impact on the apportionment of seats in the House of Representatives if such a change were to occur, using an estimate of the 2013 citizen population in place of the 2010 apportionment population to determine the potential distribution of seats in the House of Representatives for the 114th Congress. In addition, the apportionment of the House of Representatives is shown using an estimate of the 2013 total apportionment population, as well.
If the apportionment of seats in the House of Representatives for the 114th Congress were to be based on the 2013 estimated citizen apportionment population rather than the 2010 total apportionment population, as required by the Constitution, it is estimated that seven seats would shift among 11 states. California would lose four seats relative to its actual distribution of seats as a result of the 2010 apportionment. Texas, Florida, and New York would each lose one seat relative to the number of seats received in the 2010 apportionment.
On the other hand, Louisiana, Missouri, Montana, North Carolina, Ohio, Oklahoma, and Virginia would each pick up a single seat, if the 2013 citizen population were used to apportion seats rather than the 2010 total apportionment population. Using citizenship status to apportion the seats in the U.S. House of Representatives tends to benefit states with smaller immigrant populations and cost states with larger immigrant populations.