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Index/Topics/Fourteenth Amendment Apportionment

Fourteenth Amendment Apportionment

The Fourteenth Amendment’s apportionment provision and its implications on representation and electoral votes

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Jan 28, 2026

What legal arguments and court decisions govern who must be counted for congressional apportionment under the 14th Amendment?

The ’s apportionment provision requires Representatives to be apportioned “according to their respective numbers, counting the whole number of persons in each State” (with the historical caveat “exclu...

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