Number: RS22628
Title: Congressional Redistricting: The Constitutionality of Creating an At-Large District
Authors: L. Paige Whitaker, American Law Division 
Abstract: The District of Columbia House Voting Rights Act of 2007, H.R. 1905 (110th Congress), contains provisions that 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. 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, which would be a temporary at-large district. This report discusses only the constitutionality of the creation of an at-large congressional district. While it is not without doubt, 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. In April 2007, the House passed H.R. 1905 (110th Congress) by a vote of 241 to 177. A similar bill, S. 1257 (110th Congress), was considered by the Senate in September 2007, but a motion to invoke cloture failed by a vote of 57 to 42.
Pages: 5
Date: March 4, 2008