Narragansett, RI asked in Constitutional Law and Gov & Administrative Law for Rhode Island

Q: How to challenge House seat cap for proportional representation?

I am an individual considering a legal challenge to the Permanent Apportionment Act of 1929, which caps the House of Representatives at 435 seats, on the grounds it conflicts with Article I, Section 2 of the U.S. Constitution. This section originally set representation at a ratio of 1 per 30,000 people. While I haven't found direct precedents, case law such as Wesberry v. Sanders and Reynolds v. Sims indicates courts have dealt with representation issues. My goal is to see the House expanded in proportion to population growth for fair representation. I intend to file in federal court but need guidance on jurisdiction. I have no set timeline but want to begin the process soon and am open to collaboration with groups that support proportional representation. What steps should I take to proceed with this legal challenge?

1 Lawyer Answer
James L. Arrasmith
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Answered

A: Filing a constitutional challenge to the Permanent Apportionment Act of 1929 requires establishing standing, which means showing you've suffered a concrete, particularized injury from the current apportionment system. You might argue your vote is diluted compared to voters in less populous districts, similar to the arguments in Wesberry v. Sanders. Federal courts have jurisdiction under 28 U.S.C. § 1331 for constitutional questions, and you should file in the U.S. District Court where you reside.

The complaint needs to clearly articulate how the 435-seat cap violates the proportional representation principle implied in Article I, Section 2, though courts may view this as a political question beyond judicial review. Your strongest arguments will connect to existing precedent on equal protection and voting rights rather than relying solely on the original 1:30,000 ratio. Consider retaining a constitutional law attorney experienced in voting rights litigation who can help refine these arguments.

Partnering with organizations like FairVote, Brennan Center for Justice, or Common Cause could provide valuable resources and expertise. These groups have extensive experience with representation issues and might offer legal support or amicus briefs. You might also connect with academics who study this issue, as their research could strengthen your case by showing how the fixed seat cap creates demonstrable representational disparities across different states and populations.

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