Congressional Redistricting: The Constitutionality of Creating an At-Large District

Publication Date: March 2007

Publisher: Library of Congress. Congressional Research Service

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Research Area: Government

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Abstract:

Among other provisions, H.R. 1433 (110th Cong.), the District of Columbia House Voting Rights Act of 2007, would expand the U.S. House of Representatives by two Members to a total of 437 Members. The first of these two new seats would be allocated to create a voting Member representing the District of Columbia, and the second seat would be assigned in accordance with 2000 census data and existing federal law, resulting in the addition of a fourth congressional seat in the state of Utah. This report is limited to discussing only the constitutionality of the creation of an at-large congressional district. Based on the authority granted to Congress under the Constitution to regulate congressional elections and relevant Supreme Court precedent, it appears that federal law establishing a temporary at-large congressional district would likely be upheld as constitutional.