<P> Since enactment of the Reapportionment Act of 1929, a constant 435 House seats have been apportioned among the states according to each census, and determining the size of the House is not presently part of the apportionment process . With one exception, the apportionment of 1842, the House of Representatives had been enlarged by various degrees from sixty - five members in 1788 to 435 members by 1913 . The determination of size was made based on the aggregate national population, so long as the size of the House did not exceed 1 member for every 30,000 of the country's total population nor the size of any state's delegation exceed 1 for every 30,000 of that state's population . With the size of the House still fixed at 435, the current ratio, as of the 2010 Census, is around 1 Representative: 700,000 Citizens . </P> <P> Although the first sentence in this clause originally concerned apportionment of both House seats and taxes among the several states, the Fourteenth Amendment sentence that replaced it in 1868 mentioned only the apportionment of House seats . Even so, the constraint placed upon Congress's taxation power remained, as the restriction was reiterated in Article 1 Section 9 Clause 4 . The amount of direct taxes that could be collected by the federal government from the people in any State would still be tied directly to that state's share of the national population . </P> <P> Due to this restriction, application of the income tax to income derived from real estate and specifically income in the form of dividends from personal property ownership such as stock shares was found to be unconstitutional because it was not apportioned among the states; that is to say, there was no guarantee that a State with 10% of the country's population paid 10% of those income taxes collected, because Congress had not fixed an amount of money to be raised and apportioned it between the States according to their respective shares of the national population . To permit the levying of such an income tax, Congress proposed and the states ratified the Sixteenth Amendment, which removed the restriction by specifically providing that Congress could levy a tax on income "from whatever source derived" without it being apportioned among the States or otherwise based on a State's share of the national population . </P> <P> When vacancies happen in the Representation from any State, the Executive Authority thereof shall issue Writs of Election to fill such Vacancies . </P>

The us constitution article 1 section 1 created the office for the us president