Apportionment in United States
Apportionment Definition
The division or distribution of a subject-matter in proportionate parts. Co. Litt. 147; 1 Swanst. 37, note; 1 Story, Eq. Jur. 475a. Of Contracts. The allowance, in case of the partial performance of a contract, of a proportionate part of what the party would have received as a recompense for the entire performance of the contract. Of Incumbrances. Determining the amounts which each of several parties interested in an estate shall pay towards the removal or in support of the burden of an incumbrance. Of Rent. The allotment of their shares in a rent to each of several parties owning it. The determination of the amount of rent to be paid when the tenancy is terminated at some period other than one of the regular intervals for the payment of rent. Of Corporate Shares. The distribution pro rata among the shareholders when there has been an oversubscription. Of an Annuity. Pro rata allowance for part of a year; not allowed at common law, but allowed as to some classes by 11 Geo. II. Of Representatives. The fixing of the number of representatives in congress allowed to each state, made on the basis of population as shown by each United States census. Const. U.S. art. 1, § 2.
Apportionment in Foreign Legal Encyclopedias
| Link | Description |
|---|---|
| Apportionment | Apportionment in the World Legal Encyclopedia. |
| Apportionment | Apportionment in the European Legal Encyclopedia. |
| Apportionment | Apportionment in the Asian Legal Encyclopedia. |
| Apportionment | Apportionment in the UK Legal Encyclopedia. |
| Apportionment | Apportionment in the Australian Legal Encyclopedia. |
For starting research in the law of a foreign country:
Browse the American Encyclopedia of Law for Apportionment
Scan Apportionment in the appropriate area of law:
| Link | Description |
|---|---|
| Apportionment | Apportionment in the Family Law Portal of the American Encyclopedia of Law. |
| Apportionment | Apportionment in the IP Portal of the American Encyclopedia of Law. |
| Apportionment | Apportionment in the Commercial Law Portal of the American Encyclopedia of Law. |
| Apportionment | Apportionment in the Criminal Law Portal of the American Encyclopedia of Law. |
| Apportionment | Apportionment in the Antritrust Portal of the American Encyclopedia of Law. |
| Apportionment | Apportionment in the Bankruptcy Law Portal of the American Encyclopedia of Law. |
| Apportionment | Apportionment in the Constitutional Law Portal of the American Encyclopedia of Law. |
| Apportionment | Apportionment in the Tax Law Portal of the American Encyclopedia of Law. |
| Apportionment | Apportionment in the and Finance and Banking Portal of the American Encyclopedia of Law. |
| Apportionment | Apportionment in the Employment and Labor Portal of the American Encyclopedia of Law. |
| Apportionment | Apportionment in the Personal Injury and Tort Portal of the American Encyclopedia of Law. |
| Apportionment | Apportionment in the Environmental Law Portal of the American Encyclopedia of Law. |
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|---|---|
| Apportionment in the Dictionaries | Apportionment in our legal dictionaries |
| http://lawi.us/apportionment | The URI of Apportionment (more about URIs) |
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Legal Issue for Attorneys
The division or distribution of a subject-matter in proportionate parts. Co. Litt. 147; 1 Swanst. 37, note; 1 Story, Eq. Jur. 475a. Of Contracts. The allowance, in case of the partial performance of a contract, of a proportionate part of what the party would have received as a recompense for the entire performance of the contract. Of Incumbrances. Determining the amounts which each of several parties interested in an estate shall pay towards the removal or in support of the burden of an incumbrance. Of Rent. The allotment of their shares in a rent to each of several parties owning it. The determination of the amount of rent to be paid when the tenancy is terminated at some period other than one of the regular intervals for the payment of rent. Of Corporate Shares. The distribution pro rata among the shareholders when there has been an oversubscription. Of an Annuity. Pro rata allowance for part of a year; not allowed at common law, but allowed as to some classes by 11 Geo. II. Of Representatives. The fixing of the number of representatives in congress allowed to each state, made on the basis of population as shown by each United States census. Const. U.S. art. 1, § 2.
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Notice
This definition of Apportionment Is based on the The Cyclopedic Law Dictionary . This definition needs to be proofread..
Concept of Apportionment
In the U.S., in the context of the U.S. Congress (Senate and House of Representatives), Apportionment has the following meaning: The Constitution requires that House seats be “apportioned among the several states which may be included within this union, according to their respective numbers, which shall be determined by …[an] actual Enumeration [taken every]… ten years, but each state shall have at least one Representative.” This requirement assures equal representation of the people, with the exception that each state is guaranteed one House seat, even if it doesn’t have enough population for the equalized population number in a district. The requirement for a census every decade is intended to provide a regular equalization of representation. (Source of this definition of Apportionment : University of Texas)
Apportionment
Apportionment (Remedies)
This section introduces, discusses and describes the basics of apportionment. Then, cross references and a brief overview about Remedies is provided. Finally, the subject of Collisions in relation with apportionment is examined. Note that a list of cross references, bibliography and other resources appears at the end of this entry.
Apportionment
In Legislation
Apportionment in the U.S. Code: Title 31, Subtitle II, Chapter 15, Subchapter II
The current, permanent, in-force federal laws regulating apportionment are compiled in the United States Code under Title 31, Subtitle II, Chapter 15, Subchapter II. It constitutes “prima facie” evidence of statutes relating to Finance (including apportionment) of the United States. The reader can further narrow his/her legal research of the general topic (in this case, Budget and Money and Public Finance and Accounting and Appropriations of the US Code, including apportionment) by chapter and subchapter.
Resources
See Also
- Congress
- Senate
- House of Representatives
Resources
See Also
Elections; Legislation; Representation.
Congress of the United States; Voting.
Congress, United States ; Connecticut Compromise ; Preferential Voting ; Primary, White ; Suffrage: Exclusion from the Suffrage.
Census; Congress, U.S.; Gerrymandering
Further Reading (Books)
Alker, Hayward R. JR.; and Russett, Bruce M. 1964 On Measuring Inequality. Behavioral Science 9:207_218.
Butler, David 1955 The Redistribution of Seats. Public Administration 33:125_147.
Canada, Parliament, House OF Commons 1958 British North America Act. Volume 2, pages 1088_1104 in Debates. Session 1. Ottawa (Canada).
de Grazia, Alfred 1951 Public and Republic: Political Representation in America. New York: Knopf.
Everett, Robinson O. (editor) 1962 The Electoral Process: Part II. Law and Contemporary Problems 27:327_433.
Griffith, Elmer C. 1907 The Rise and Development of the Gerrymander. Chicago: Scott, Foresman.
Kramer, Robert (editor) 1952 Legislative Reapportionment. Law and Contemporary Problems 17:253_469.
Nagel, Stuart S. 1965 Simplified Bipartisan Computer Redistricting. Stanford Law Review 17:863_899.
Peaslee, Amos Jenkins (editor) (1950) 1956 Constitutions of Nations. 3 vols., 2d ed. The Hague: Nijhoff.
Schattschneider, E. E. et al. 1962 A Symposium on Baker v. Carr. Yale Law Journal 72:7_106.
Schmeckebier, Laurence F. 1941 Congressional Apportionment. Institute for Government Research of the Brookings Institution, Studies in Administration, No. 40. Washington: The Institute.
Silva, Ruth C. 1962a Apportionment in New York. Part 1: The Legal Aspects of Reapportionment and Redistricting; Baker v. Carr. Fordham Law Review 30: 581_595.
Silva, Ruth C. 1962b Apportionment of the New York Assembly. Fordham Law Review 31:1_72.
Silva, Ruth C. 1964 Compared Values of the Single-and the Multi-member Legislative District. Western Political Quarterly 17:504_516.
Silva, Ruth C. 1964 Relation of Representation and the Party System to the Number of Seats Apportioned to a Legislative District. Western Political Quarterly 17:742_769.
Weaver, James B.; and Hess, Sidney W. 1963 A Procedure for Nonpartisan Districting: Development of Computer Techniques. Yale Law Journal 73:288_308.
Further Reading (Books 2)
Cain, Bruce E. The Reapportionment Puzzle. Berkeley: University of California Press, 1984.
Eagles, Charles W. Democracy Delayed: Congressional Reapportionment and Urban-Rural Conflict in the 1920s. Athens: University of Georgia Press, 1990.
Schwab, Larry M. The Impact of Congressional Reapportionment and Redistricting. Lanham, Md.: University Press of America, 1988.
Calvin B. T.Lee/a. g.
Prewitt, Kenneth. 2000. The US Decennial Census: Political Questions, Scientific Answers. Population and Development Review 26 (1): 1_16.
Rush, Mark E., and Richard Lee Engstrom. 2001. Fair and Effective Representation?: Debating Electoral Reform and Minority Rights. Lanham, MD: Rowman and Littlefield.
Sweeting, Orville J. 1956. John Q. Tilson and the Reapportionment Act of 1929. Western Political Quarterly 9 (2): 434_453.
U.S. Census Bureau. 2001. Computing Apportionment Homepage. http://www.census.gov/population/www/censusdata/apportionment/computing.html.
U.S. General Accounting Office. 1998. Decennial Census: Overview of Historical Census Issues. Washington, DC: U.S. Government Printing Office. http://www.gao.gov/archive/1998/gg98103.pdf.
Thomas J. Scotto
Further Reading (Articles)
Apportionment apoplexy: throwback, throwout, or just throw up your hands., Tax Executive; July 1, 2005; Wilson, Margaret C.
Alternative Apportionment: Fairness Is Not the Only Factor, The Tax Adviser; March 1, 2013; Yesnowitz, Jamie C. Ridenour, Craig Kirkell, Brian
Rethinking tax nexus and apportionment: voice, exit, and the dormant commerce clause., Virginia Tax Review; June 22, 2008; Zelinsky, Edward A.
Fixing the Constitutional Absurdity of the Apportionment of Direct Tax, Constitutional Commentary; June 22, 2004; Johnson, Calvin H.
Alaska Supreme Court Holds Petroleum Company’s Business Was Unitary, Alternative Apportionment Formula Was Reasonable, Mondaq Business Briefing; December 6, 2013; Schmidt, Joe
Illinois Appellate Court Holds Trucking Company Must Include Pass-Through Miles in Apportionment Factor Numerator, Mondaq Business Briefing; October 24, 2013; D’Addio, Mike
Simplification of net worth apportionment may adversely affect some Ohio-based taxpayers., The Ohio CPA Journal; April 1, 1998; Sturni, Michael A. Igel, Peter A.
Board of Pensions Approves 1% Experience Apportionment New Funding Formula Means First Pension Adjustment since 2008, States News Service; March 11, 2013
Opportunities with non-business income and state apportionment., The Tax Adviser; October 1, 2011; Zambrano, Jose M.
Illinois Appellate Court Holds Department Improperly “Corrected” Taxpayer’s Apportionment Formula as “Mathematical Error”, Mondaq Business Briefing; March 11, 2013
Current corporate income tax developments: this two-part article discusses recent state activity in the corporate income tax area. Part II covers apportionment formulas, unitary groups/filing methods, flowthrough entities, administration, and other significant corporate state tax issues.(part 2), The Tax Adviser; April 1, 2008; Boucher, Karen J. Ponda, Shona
House Judiciary Committee Holds Hearing on State Taxation and the Role of Congress in Developing Apportionment Standards., Mondaq Business Briefing; May 21, 2010
Formulary apportionment: More simple–on balance better?, Law and Policy in International Business; July 1, 1997; Christensen, Steve
Revisiting global formulary apportionment., Virginia Tax Review; March 22, 2010; Morse, Susan C.
Workgroup Report: Workshop on Source Apportionment of Particulate Matter Health Effects-Intercomparison of Results and Implications, Environmental Health Perspectives; December 1, 2005; Thurston, George D. Ito, Kazuhiko Mar, Therese Christensen, William F. Eatough, Delbert J. Henry, Ronald C. Kim, Eugene Laden, Francine Lall, Ramona Larson, Timothy V. Liu, Hao Neas, Lucas Pinto, Joseph Stolzel, Matthias Suh, Helen Hopke, Philip K.
Illinois Appellate Decision Perpetuates the ‘Myth’ of Full-Apportionment in Illinois, Mondaq Business Briefing; January 9, 2013
Retirement Fund Benefits for Employees Who Worked Abroad: The Apportionment Rules, Mondaq Business Briefing; March 4, 2013
State Supreme Court Grants Cert. Petition in Alternative Apportionment Appeal, Mondaq Business Briefing; January 16, 2013
The Census Case: No Statistical Apportionment, The World and I; April 1, 1999; Slade, David C.
Justice Dept. Appeals Apportionment Ruling; High Court Asked to Overturn Decision Rejecting Current Method of Distributing House Seats, The Washington Post; November 28, 1991; Barbara Vobejda
Apportionment in State Statute Topics
Introduction to Apportionment
The purpose of Apportionment is to provide a broad appreciation of the Apportionment legal topic. Select from the list of U.S. legal topics for information (other than Apportionment).
Concept of Apportionment
In the U.S., in the context of the U.S. Congress (Senate and House of Representatives), Apportionment has the following meaning: The Constitution requires that House seats be “apportioned among the several states which may be included within this union, according to their respective numbers, which shall be determined by …[an] actual Enumeration [taken every]… ten years, but each state shall have at least one Representative.” This requirement assures equal representation of the people, with the exception that each state is guaranteed one House seat, even if it doesn’t have enough population for the equalized population number in a district. The requirement for a census every decade is intended to provide a regular equalization of representation. (Source of this definition of Apportionment : University of Texas)
Apportionment
Resources
See Also
- Congress
- Senate
- House of Representatives
Resources
Further Reading
- Information about Apportionment in the Gale Encyclopedia of American Law.
Apportionment in the Federal Budget Process
Meaning of Apportionment in the congressional and executive budget processes (GAO source): The action by which the Office of Management and Budget (OMB) distributes amounts available for obligation, including budgetary reserves established pursuant to law, in an appropriation or fund account. An apportionment divides amounts available for obligation by specific time periods (usually quarters), activities, projects, objects, or a combination thereof. The amounts so apportioned limit the amount of obligations that may be incurred. An apportionment may be further subdivided by an agency into allotments, suballotments, and allocations. In apportioning any account, some funds may be reserved to provide for contingencies or to effect savings made possible pursuant to the Antideficiency Act. Funds apportioned to establish a reserve must be proposed for deferral or rescission pursuant to the Impoundment Control Act of 1974 (2 U.S.C. §§ 681–688).
The apportionment process is intended to (1) prevent the obligation of amounts available within an appropriation or fund account in a manner that would require deficiency or supplemental appropriations and (2) achieve the most effective and economical use of amounts made available for obligation. (See also Administrative Division or Subdivision of Funds; Allotment; Antideficiency Act; Appropriated Entitlement; Budgetary Reserves; Deferral of Budget Authority; Deficiency Apportionment; Deficiency Appropriation; Limitation; Reapportionment; Rescission; Supplemental Appropriation.)
Concept of Apportionment
In the U.S., in the context of the U.S. Congress (Senate and House of Representatives), Apportionment has the following meaning: The Constitution requires that House seats be “apportioned among the several states which may be included within this union, according to their respective numbers, which shall be determined by …[an] actual Enumeration [taken every]… ten years, but each state shall have at least one Representative.” This requirement assures equal representation of the people, with the exception that each state is guaranteed one House seat, even if it doesn’t have enough population for the equalized population number in a district. The requirement for a census every decade is intended to provide a regular equalization of representation. (Source of this definition of Apportionment : University of Texas)
Apportionment
Resources
See Also
- Congress
- Senate
- House of Representatives
Resources
See Also
- Federal Appropriations
- Entries about the United States Budget Process in the Encyclopedia (including Apportionment)
- Public Debt
Further Reading
- Legislatures and the budget process: the myth of fiscal control
(J Wehner, 2010)
- Reconcilable Differences?: Congress, the Budget Process, and the Deficit (JB Gilmour, 1990)
- Fiscal institutions and fiscal performance
(JM Poterba, J von Hagen, 2008)
Apportionment Definition in the Legislative Process
The following is a definition of Apportionment, by the National Conference of State Legislatures (NCSL): Establishment of the legislative districts from which members are elected.
Concept of Apportionment
In the U.S., in the context of the U.S. Congress (Senate and House of Representatives), Apportionment has the following meaning: The Constitution requires that House seats be “apportioned among the several states which may be included within this union, according to their respective numbers, which shall be determined by …[an] actual Enumeration [taken every]… ten years, but each state shall have at least one Representative.” This requirement assures equal representation of the people, with the exception that each state is guaranteed one House seat, even if it doesn’t have enough population for the equalized population number in a district. The requirement for a census every decade is intended to provide a regular equalization of representation. (Source of this definition of Apportionment : University of Texas)
Apportionment
Resources
See Also
- Congress
- Senate
- House of Representatives
Resources
See Also
- Legislative Power
- Legislative History
- Legislative Ethics
- Legislative Session
- Legislature
- Legal Aid
- Legislative Commissions
- Legislative Branch
- Legislation
- Executive Branch
- Legislative Function
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See Also
- Reapportionment
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