538. MEMBERSHIP OF THE HOUSE.—Since the Senate is composed of two Senators from each state, its membership has been relatively stable. For a number of years there have been 96 Senators, two for each of the forty-eight states of the Union.
The membership of the House of Representatives, on the other hand, is steadily increasing, because based upon population. The number of Representatives to which any state is entitled depends upon its population as ascertained every ten years by a Federal census. After each census Congress determines the number of Representatives of which the House shall consist. The population of the United States is then divided by this number, and the quotient is taken as the ratio of representation. The population of each state is then divided by this ratio to discover the number of Representatives to which it is entitled. As a single exception to this rule, the Constitution provides that each state shall have at least one Representative regardless of population. Thus Nevada, Arizona, Wyoming, and Delaware are entitled to one Representative, whereas according to the above rule they would now be denied representation.
The present membership of the House of Representatives is 435.
539. WHO MAY VOTE FOR REPRESENTATIVES.—The Federal Constitution provides that members of the House of Representatives shall be chosen by persons who, in their respective states, are qualified to vote for members of the more numerous branch of the state legislature. Most male and female citizens over twenty-one years of age may vote for members of this more numerous branch, and hence for Representatives to Congress. In a number of states, however, educational, property and other qualifications are imposed. Certain types of criminals, the insane, and the otherwise defective are regularly excluded. [Footnote: For a fuller discussion of the suffrage, see Chapter XXXIII.]
540. QUALIFICATIONS OF REPRESENTATIVES.—The Federal Constitution declares that a Representative must be at least twenty-five years of age. He must have been a citizen for at least seven years, and at the time of his candidacy must also be an inhabitant of the state from which he is chosen. The House itself determines whether or not these qualifications have been met. No state may add to the constitutional qualifications, but through the force of custom a Representative is almost always a resident of the district which he is chosen to represent.
541. ELECTION OF REPRESENTATIVES.—The Federal Constitution permits the legislatures of the several states to regulate the time, manner and place of elections for its Representatives to Congress.
However, the Constitution reserves to Congress the right to alter these regulations at its discretion. This right has been exercised several times. Congressional statute has provided that Representatives shall be elected on the Tuesday following the first Monday in November of even-numbered years, and that the election shall be by written or printed ballot. It is also in accordance with Congressional statute that Representatives are selected on the district plan, one Representative being chosen from each Congressional district in the state. Congress has furthermore provided that these districts shall be of as nearly equal population as possible, and that they shall be composed of "compact and contiguous territory."
542. THE CONGRESSIONAL DISTRICT.—Subject to the above limitations the legislature of each state may determine the boundaries of its Congressional districts. The state legislature finds it necessary to redistrict the state if the decennial census shows that the population of the state has increased unequally in various sections, or in case the apportionment act of Congress changes the state's representation.
In many cases states have redistricted their territory for illegitimate reasons. The Federal provision with reference to contiguous territory has been loosely interpreted: in many cases territory is held to be contiguous if it touches the district at any point. The requirement that districts shall be of nearly equal population has often been disregarded altogether. Since the state legislature is controlled by the political party having a majority, the dominant party can arrange the district lines so as to secure a party majority in the greatest possible number of districts. This is done by concentrating the opposition votes in a few districts which would be hostile under any circumstances, and so grouping the remaining votes as to insure for the dominant party a majority in numerous districts.
543. GERRYMANDERING.—The result of this illegitimate redistricting has been to create districts of great irregularity. In 1812, when Elbridge Gerry was Governor of Massachusetts, the Republican party was in control of the state legislature. In districting the state so as to win for themselves as many districts as possible, the Republicans gave one of the Congressional districts a dragon-like appearance. To the suggestion of a famous painter that this looked like a salamander, a local wit replied that it was more nearly a Gerrymander. The term "gerrymander" has since continued to be used to designate this type of illegitimate redistricting. [Footnote: For the relation of gerrymandering to the problem of minority representation, see Chapter XXXV.]