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Repeal vs Amendment

Can’t we just repeal the statute? Yes. Repealing a statute is much easier than amendment. We could pass a statute repealing the current detailed statute and the overarching 1929 statute, and banning Frozen Apportionment. But a better statute wouldn’t be enough. Statutes have violated this clause repeatedly in our history (see An Invalid Amendment by Statute). Another statute in the future could refreeze the number of Representatives or even reduce it, or set a ratio of a million to one.

Setting a clear, positive rule in the Constitution instead will make reduction impossible without another amendment (see Statute vs Constitutional Amendment). This amendment is the only solution proposed as of 2016 that corrects frozen apportionment, returning this process to constitutionality.

Using an amendment won't prevent apportionment schemes completely. Someone will always come up with a new one. But this section sets two absolute safeguards on a vital Constitutional protection.

Number and ratio schemes are both easy and destructive. Under this section, no statute will ever reduce either the number or the ratio of Representatives again.