New Bill of Rights

Rejected category · Weak floor; statutory

Expanding the House of Representatives

Increasing the size of the House drew 23% of Republicans and 35% of Democrats (Pew Research Center, 2023), and 11% of Republicans when the costs were named (2006); the size of the House has been a statute since 1929.

Rejected 2026-08-18. A rejection is not a judgment that the issue doesn't matter — it is a judgment that the category cannot pass the full-spectrum test today. The evidence, the test, and the path back are below.

The proposal

The Constitution caps district size at one representative per 30,000 people and guarantees each state one seat; the rest is statute. The House grew after nearly every census until 1911 and was fixed at 435 by the Permanent Apportionment Act of 1929.1 The amendment as commonly framed would entrench a formula: a fixed ratio; the Wyoming Rule, sizing the average district to the least-populous state (about 574 seats); or the cube-root rule (about 692 seats).2 A fourth variant is a pedigree argument — “Article the First,” the unratified 1789 apportionment article, whose formula read literally today would require more than 6,000 representatives; the one pending bill naming it would extinguish it with a 2026 deadline.34 The leading institutional proposal, 150 more seats, is statutory: “a vote of Congress is all that is needed.”5

The evidence

Only one independent pollster has asked about House size with a party breakdown in the modern record. Asked in July 2023 whether the House should be increased, decreased, or kept the same, 29% chose increase and 53% keep the same — 23% of Republicans and Republican leaners and 35% of Democrats and Democratic leaners favored an increase, and “larger shares in both parties favor keeping the House at its current size” (Pew Research Center, 2023).6

Democrats: 35% 35% Dem Republicans: 23% 23% Rep bipartisan floor · 23% (Republicans)
The size of the House of Representatives should be increased, rather than decreased or kept the same — Pew Research Center, 2023

The same question five years earlier drew 28% — 21% of Republicans and 34% of Democrats (Pew Research Center, 2018). Told that the first Congress had 65 members at roughly 60,000 people each against 435 at roughly 700,000 now, Democrats rose to 44%; Pew reported no differences among Republicans.7

An earlier academic survey is the only one that named the costs. Given both sides — closer representation against greater expense and a less efficient legislature — 18.9% chose an increase and 61.9% the current size: 11.3% of Republicans, 23.7% of Democrats, and 22.7% of independents and others (Knowledge Networks, fielded for an academic study, 2006).8

The newest number is advocacy-commissioned: 54% support and 27% oppose adding 150 members (Verasight for Fix Our House and New America, both advocates of the reform, 2026; no party breakdown published for the item).9 Its two-way form has no “keep it the same” option, its stem carries the growth argument inside the question, and 18.6% answered “not sure,” so it is not comparable with Pew’s three-way form. There is no roll-call vote and no ballot measure; the last statutory enlargement bill drew two cosponsors, both from one party, and died in committee.10 No independent-tier pollster has asked since 2023.11

The test it failed

The bipartisan floor is 23% of Republicans (Pew, 2023): Weak. Neither party has recorded majority support in an independent poll, and three independent readings twenty, eight, and three years apart place the Republican number between 11% and 23%. Two tests carry the decision.

  • Weak floor. There is no high topline concealing a partisan split; the 29% overall is itself the finding, and the Democratic figure is also below the bar.
  • Why an amendment — weak. House size has been statutory since 1911 and 1929, and Article I leaves the number to Congress within a ceiling and a floor. Congress can enlarge the House by ordinary legislation, which is what the leading institutional proposal recommends. Amendments lock in agreement the country has already reached; here the statute has never been passed.

Three further findings support the decision. Depth was tested once and failed: the only costs-named reading put the floor at 11.3% of Republicans (Knowledge Networks, 2006). Framing dependency is unresolved, because Pew’s three-way and Verasight’s two-way forms differ in sponsorship, format, and content at once. Staleness is a risk: the party-split data end in 2023.

The category was not closed on symmetry, which it passes. In 10,000 simulations at each size from 435 to 700 seats, Republicans’ probability of control rises roughly 2–3 points below 525 seats and Democrats’ by no more than roughly 2.7 points above it, with “no partisan impact” on the Electoral College (American Academy of Arts and Sciences, an advocate of enlargement that publishes its method).12 Whether the ratio itself threatens the country’s future is unsettled: roughly 60,000 constituents per member in the first Congress, 761,169 today.13

Framings we tested

None clears the bar. Of the two rationale framings tested in 2006, keeping states from losing seats after reapportionment drew 26.2% of Republicans and 39.2% of Democrats; more opportunities for women and racial minorities to be elected ran highest and most divided at 33.9% of Republicans and 59.7% of Democrats, and the study concluded a proposal built on that rationale “would not garner a bipartisan consensus.”14 The Wyoming Rule, the cube-root rule, a constitutional formula, and “Article the First” have never been polled by name or description, so the rejection does not claim they were measured and failed — it records that the best case has not been made in twenty years of asking. Any future poll would need to test the formula, not the slogan: a constitutional ratio, Article the First’s approach, produces a chamber of thousands.

The path back

Two conditions, in order. A statutory enlargement must be tried — passage of a bill enlarging the House, or a serious cross-party floor vote on one — which would answer the why-an-amendment test. Then an independent pollster, with published party crosstabs, must test the mechanism rather than the direction: a Wyoming-Rule or cube-root formula described in full, with a follow-up naming the added members, salaries, and offices. A Republican floor of 45% or better would reopen the category. Until a statute has been tried, a strong poll would answer the floor question but not the why-an-amendment one.

Sources

  1. Article I: “The Number of Representatives shall not exceed one for every thirty Thousand, but each State shall have at Least one Representative.” The House grew after nearly every census until the 1910 census fixed it at 435; after the 1920 census the House failed to reapportion, and the Permanent Apportionment Act of 1929 (House passed June 11, 1929; signed June 18, 1929) capped membership at the 1910 level and automated reapportionment after each census — U.S. House of Representatives, Office of the Historian.

  2. Wyoming Rule modeled at 574 seats averaging 572,000 constituents on 2020 data; cube-root rule at 692 seats; the United States “has one of the largest gaps between chamber size and the cube root of its population” among democracies — American Academy of Arts and Sciences, The Case for Enlarging the House of Representatives, §5.

  3. Sent to the states September 25, 1789; ratified by eleven states, the last Kentucky on June 27, 1792, one short of the twelve then required; no ratification deadline; would today need 38 states; a last-minute change of “less” to “more” left the formula inoperable across part of its range, and read literally against a 331-million population it would require more than 6,000 representatives — Congressional Apportionment Amendment, ratification record.

  4. H.J.Res. 186, Congressional Apportionment Amendment Deadline Act, 119th Congress, introduced May 14, 2026 and referred to the Judiciary Committee; the amendment would be valid “only if it is ratified … not later than December 31, 2026,” with any later ratification “not … valid” — govinfo, full text.

  5. Our Common Purpose, Recommendation 1.1: “substantially enlarge the House of Representatives through federal legislation”; FAQ: “The size of the House is set by statute, so a vote of Congress is all that is needed”; companion report proposes adding 150 seats for a House of 585 — American Academy of Arts and Sciences, Enlarging the House of Representatives.

  6. Size of the House: 29% increase / 53% stay the same / 15% decrease; 23% of Republicans and Republican leaners and 35% of Democrats and Democratic leaners favor an increase; Republican-leaning independents 30%, Republican partisans 19%; adults under 30 44% vs. 65 and older 17%; congressional term limits 87%, age limit for elected officials 79%, age limit for justices 74%; American Trends Panel Wave 130, July 10–16, 2023, n=8,480 adults, ±1.5 points — Pew Research Center, How Americans View Proposals to Change the Political System; methodology.

  7. Asked cold: 28% increase / 51% same / 18% decrease — Republicans 21% / 55% / 22%, Democrats 34% / 49% / 14%; with historical context (65 members at roughly 60,000 people each in the first Congress vs. 435 at roughly 700,000 now): 34% increase / 44% same / 21% decrease, Democrats 44%, no differences among Republicans; American Trends Panel, January 29–February 13, 2018, n=4,656, ±2.4 points — Pew Research Center, The Electoral College, Congress and representation; methodology.

  8. Costs-named item: the stem recites that the House began with 65 members at roughly 30,000 people per district and now has 435 at roughly 640,000, then gives both arguments — closer representation for an increase, greater cost and a less efficient legislative process against it: 18.9% increase / 61.9% keep at the current size / 19.3% decrease; Republicans 11.3%, Democrats 23.7%, independents and others 22.7%; every subgroup reported gave majority support to keeping the House at its present size; Knowledge Networks probability panel fielded September 13–19, 2006, n=1,020 of 1,425 invited (71.6% completion) — Brian Frederick, “The People’s Perspective on the Size of the People’s House,” PS: Political Science & Politics 41(2), April 2008, open-access full text.

  9. Verbatim item: “The U.S. House of Representatives has had 435 members since 1911. Since then, the U.S. population has more than tripled. Would you support or oppose adding 150 new members to the House so that each representative serves a smaller number of constituents?” — 18.3% strongly support, 36.0% somewhat support, 15.3% somewhat oppose, 11.8% strongly oppose, 18.6% not sure (54% support / 27% oppose); no party breakdown or crosstabs published for this item; June 30–July 7, 2026, n=1,000, ±3.2 points; both sponsors advocate the reform — Fix Our House; New America; Newsweek, Aug. 10, 2026.

  10. Restoring Equal and Accountable Legislators in the House (REAL House) Act, H.R. 622, 118th Congress, introduced January 30, 2023; would have raised the House from 435 to 585 members beginning with the apportionment after the 2030 census, with an automatic mechanism thereafter; two cosponsors, both Democrats; no committee action or floor vote; expired with the 118th Congress — Congress.gov; GovTrack cosponsors; Democracy Docket, Feb. 1, 2023; American Redistricting Project.

  11. Cato Institute / Morning Consult constitutional-amendment battery of eight ideas, fieldwork June 25–26, 2026, n=2,253; no House-size item — Newsweek.

  12. 10,000 simulations at each House size from 435 to 700 seats on 2020 results, with national and state-level vote shocks: Republicans gain roughly 2–3 points in probability of control between 436 and 524 seats; Democrats’ odds rise above 525 seats but “never by more than roughly 2.7 percent”; “changing the size of the House would not generate a strong partisan shift in either control of the House or the outcome of the Electoral College,” with Electoral College effects favoring larger states but showing “no partisan impact” — American Academy of Arts and Sciences, The Case for Enlarging the House of Representatives, §6.

  13. 2020 apportionment population 331,108,434 across 435 seats, 761,169 people per representative; the first Congress had 65 members at roughly 60,000 people each — U.S. Census Bureau, Congressional Apportionment: 2020 Census Brief; Pew Research Center.

  14. Same survey: enlarging the House to stop states losing seats after reapportionment, 33.6% support / 66.4% oppose — Republicans 26.2%, Democrats 39.2%, independents and others 33.4%; enlarging the House to create more opportunities for women and racial minorities to be elected, 48.6% supportive (15.5% very, 33.1% somewhat) against 51.4% opposed — Republicans 33.9% supportive (8.2% very, 25.7% somewhat), Democrats 59.7%; the study concludes a proposal built on that rationale “would not garner a bipartisan consensus” — Brian Frederick, PS: Political Science & Politics 41(2), April 2008, open-access full text.

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