You are absolutely correct with regard to the importance of our Constitution’s rule of apportionment. Not only does it determine each state’s number of representatives by a fixed rule, but also determines the much-talked-about “fair share” of a tax when a federal tax is laid directly upon the people. And that “fair share” under the rule of apportionment turns out to be an equal share for each and every taxpayer, when Congress resorts to taxing the people directly.
I might add, our Founders also intended the rule of apportionment to be used to balance the budget, when and if a shortfall was experienced in meeting Congress’ expenditures from imposts, duties and excise taxes [indirect taxation]. This is confirmed by reading a number of the State ratification, e.g., see: Ratification of the Constitution by the State of New Hampshire; June 21, 1788
Fourthly That Congress do not lay direct Taxes but when the money arising from Impost, Excise and their other resources are insufficient for the Publick Exigencies; nor then, untill Congress shall have first made a Requisition upon the States, to Assess, Levy, & pay their respective proportions, of such requisitions agreeably to the Census fixed in the said Constitution in such way & manner as the Legislature of the State shall think best and in such Case if any State shall neglect, then Congress may Assess & Levy such States proportion together with the Interest thereon at the rate of six per Cent per Annum from the Time of payment prescribed in such requisition-
So, once again all this talk about balancing the budget coming from so-called “conservative” Republicans is pure poppycock when considering they refuse to follow our founder’s solution to balancing the budget with an annual direct tax if a shortfall has been created.
And why do they refuse to follow our founder’s method to balance the annual budget? It creates a very real moment of accountability when each State’s Congressional Delegation would have to return home with a bill in hand for their state’s Governor and Legislatures to pay, and would be called upon to explain all the wasteful and unconstitutional expenditures they have engaged, which created the deficit while frolicking it up in Washington, D.C.
Yes, indeed, the rule of apportionment is very important in controlling the actions of Congress, and that may be why there is an understood agreement among our Congress critters, Republicans and Democrats, to ignore the rule and pretend it does not exist.
In any event, if the rule of apportionment were adhered to and enforced, it seems highly unlikely that communist controlled states like New York and California would be welcoming an invasion of foreign nationals in order to increase their number of Representatives in Congress, as doing so would also increase their fair share of any direct tax.