The Constitution for the United States of America

Article 1
Section 2 - Paragraph 3

Representatives and direct taxes shall be apportioned among the several States which may be included within this Union, according to their respective numbers, which shall be determined by adding the whole number of free persons, including those bound to service for a term of years, and excluding Indians not taxed, three-fifths of all other persons. 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. The number of Representatives shall not exceed one for every thirty thousand, but each State shall have at least one Representative; and until such enumeration shall be made, the State of New Hampshire shall be entitled to choose three, Massachusetts eight, Rhode Island and Providence Plantations one, Connecticut five, New York six, New Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North Carolina five, South Carolina five, and Georgia three.

The 14th Amendment, Section 2, modified this portion of this Article by changing the way the people are to be counted in determining the basis for representation. After the Emancipation Proclamation there were no more bond servants and so the method of counting changed.

Representatives and direct Taxes shall be apportioned among the several States

This provision clearly establishes the fact that the Representatives, although elected by the people, were to be State Representatives, just like the situation with the Constitutional Convention. This provision also provides that any taxes were to be paid by the State, not the people. Direct taxation of the people by the Union was prohibited.

which may be included within this Union, according to their respective Numbers,

This was to assure the people that the Representatives they appointed would each speak for approximately the same number of sovereign individuals. This way a Representative could not claim that he, or she, represented a greater number of people and should thereby have more say than another Representative. This provision provided that if a tax was imposed that it would be based on the population of the State. This would insure that every individual would pay an equal and fair share of the costs of operating the Union.

which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons.

This simply provides for the method of determining how many Representatives the people of each State were permitted to elect.

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.

This provision establishes the time frames for determining the number of Representatives so that each State made the determination on the same date, thus making the determination uniform and fair to all other States.

The Number of Representatives shall not exceed one for every thirty Thousand, but each State shall have at Least one Representative;

This sets the basis for the number of Representatives.

and until such enumeration shall be made, the State of New Hampshire shall be entitled to chuse three, Massachusetts eight, Rhode-Island and Providence Plantations one, Connecticut five, New-York six, New Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North Carolina five, South Carolina five, and Georgia three.

These are merely the initial numbers that were set prior to any enumeration of the people within a State.

This is the first specific power the legislature is granted - the power to create laws that will cause a census to be taken every ten years,

and it further defines who and how Representatives are chosen.

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