May the House refuse to admit a person duly elected and possessing
the necessary qualifications? This question arose in the 56th
Congress, in the case of Brigham Roberts of Utah. He was finally
excluded.
Present System of Apportioning Representatives.--Section 2 of
Amendment XIV contains the rule of apportionment that is now in
operation. This became a part of the Constitution, July 28, 1868.
_Representatives shall be apportioned among the several States
according to their respective numbers, counting the whole number of
persons in each State, excluding Indians not taxed. But when the right
to vote at any election for the choice of electors for President and
Vice-President of the United States, representatives in Congress, the
executive and judicial officers of a State, or the members of the
legislature thereof, is denied to any of the male inhabitants of such
State, being twenty-one years of age, and citizens of the United States,
or in any way abridged, except for participation in rebellion or other
crime, the basis of representation therein shall be reduced in the
proportion which the number of such male citizens shall bear to the
whole number of male citizens twenty-one years of age in such State_.
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