[EL] Congressional apportionment under the three-fifths clause

Charles H Stewart cstewart at mit.edu
Fri Oct 2 15:32:49 PDT 2020


Michael Conlin's recent Constitutional Origins of the American Civil War has an appendix with this analysis in it, I believe.  (Alas, I don't have the book at home with me to check.)

From: Law-election <law-election-bounces at department-lists.uci.edu> On Behalf Of sean at impactpolicymanagement.com
Sent: Friday, October 2, 2020 5:52 PM
To: 'Election Law Listserv' <law-election at uci.edu>
Subject: [EL] Congressional apportionment under the three-fifths clause

Does anybody know of any solid research or analysis that shows how many congressional seats were awarded to states in the 1791 - 1861 reapportionments as a result of the three-fifths clause (meaning, if slaves had not been counted at all for Congressional representation, how many House members would they have had?). I did some very rough estimates for the 1791 apportionment and it looked like a total of 12 seats were given (5 to Virginia,  2 to Maryland, 2 to North Carolina, 2 to South Carolina, 1 to Georgia) based on the three-fifths clause, but I didn't know if anyone else had done similar calculations.

Sean Parnell
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