Speaker of the House - Article 1, Section 2, Clause 5

"The House of Representatives shall chuse their Speaker and other Officers...."

Comment: This provision was generally taken from the Massachusetts Constitution of 1780. It clearly establishes the House's power to choose its own leadership. The House of Representatives elects its Speaker first before the House formally adopts its rules of procedure for the legislative term. A candidate must receive a majority of the votes cast. The Speaker is the primary legislative leader of the body - as a result, the Speaker declares and defends the agenda of the majority party. The Speaker's role has largely been shaped by traditions and customs as the Constitution does not state the duties of the Speaker. Therefore, traditionally, the Speaker does not usually debate, vote, or sit on any standing committees. The Speaker has enormous power, which includes the power to appoint members and chairmen of committees, and the power to control the timing and content of bills brought before the house.

Primary Source. The Heritage Guide to the Constitution.

Executive Writs of Elections - Article 1, Section 2, Clause 4

"When vacancies happen in the Representation from any State, the Executive Authority thereof shall issue Writs of Election to fill such Vacancies." 

Comment: The Framers did not want to see "the people" go unrepresented.  As a result, this clause provides the power to fill a vacant House seat by a special election. The Constitution vests that power with the State Executive - i.e., the State's Governor. The Governor has substantial discretion as to the timing of special elections; but, as a general rule, has affirmative duty to issue writs of election to fill vacancies unless the unexpired term were exceedingly short.


Primary Source. The Heritage Guide to the Constitution.

Allocation of Representatives - Article 1, Section 2, Clause 3

“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.”

Comment:  Remembering back to Article 1, Section 2, Clause 1, the Framers wanted the people to be represented in the House of Representatives (cf. the States were represented by the Senate). To that end, the Framers spent many hours discussing the structure of representation. Here, this provision deals with the number of Representatives to be elected from each state.  Madison wanted the initial number to be 130; however, the majority of delegations decided that 65 Representatives would be a sufficient starting point. The Framers drafted this provision with some flexibility, which allowed for increased representation as the population grew; but, the provision did not allow for more than 1 Representative for every 30,000 persons. The Anti-Federalist were very concerned about the small number of Representatives. Madison answered their objection by explaining that the number of Congressmen would increase as the population increase and that there would be sufficient amount of checks and balances against corruption within the Constitution. Madison, however, argued against any “built-in” increase to the numbers of Representatives. In the end, in 1929 Congress decided to cap the number of Representatives at 435. Since then Congress has applied five different methods of apportioning Representatives among the states.  The present “Hill Method” (a complex formula), which determines when a state may gain or lose a seat, has been used since 1940. See Federalist Paper 10 and 55.

Primary Source. The Heritage Guide to the Constitution.

Enumeration Clause - Article 1, Section 2, Clause 3

"The actual Enumeration shall be made within three Years after the first Meeting of the Congress ofthe United States, and within every subsequent Term often Years, in such Manner as they shall by law direct."

Comment: The Constitution requires that a census be taken every ten years for the purpose of apportioning the House of Representatives. The main issue is whether this provision requires an actual count of every individual or whether an estimate may be used. Those who have concluded that an "estimate" may be used argue that "actual Enumeration" means ''the most accurate possible calculation"; and when further read in conjunction with "in such manner as they shall by Law direct," they believe the Framers intended for Congress to have complete discretion over the method to use to obtain the most accurate count possible. On the other hand, those who argue that "actual Enumeration" means an actual counting of individuals argue that the words mean to count "singly," "separately," "particularly." In debates between the Colonies and England over population figures, the parties would ask that an enumeration - or actual count - be taken, not an estimate. In The Federalist No. 36, Hamilton, discussing taxation issues, stated that "an actual census or enumeration of the people must furnish the rule, a circumstance which effectively shuts the door to partiality or oppression." Also, the Census Act of 1790 (the first census), required an actual counting. However, in Utah v. Evans (2002), the Census Bureau, when it was unsure of the number of residents at an address, inferred population characteristics from its nearest similar neighbor; the Supreme Court ruled that advanced statistical methods were constitutional valid.

Primary Source. The Heritage Guide to the Constitution.