The Twenty-Third Amendment

Gerard Magliocca

Gerard N. Magliocca is the Samuel R. Rosen Professor at the Indiana University Robert H. McKinney School of Law. Professor Magliocca is the author of three books and over twenty articles on constitutional law and intellectual property. He received his undergraduate degree from Stanford, his law degree from Yale, and joined the faculty after two years as an attorney at Covington and Burling and one year as a law clerk for Judge Guido Calabresi on the United States Court of Appeals for the Second Circuit. Professor Magliocca has received the Best New Professor Award and the Black Cane (Most Outstanding Professor) from the student body, and in 2008 held the Fulbright-Dow Distinguished Research Chair of the Roosevelt Study Center in Middelburg, The Netherlands. He was elected to the American Law Institute (ALI) in 2013.

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1 Response

  1. Ira Matetsky says:

    The limitation of “but in no event more than the least populous state” was apparently contained in the draft of the amendment that was proposed by Representative Emanuel Celler of New York. The House and Senate Judiciary Committee reports on the proposed amendment (joint resolution) should contain some explanation for the limitation, and I will try to put my hands on them. If I had to speculate, I would suggest that Rep. Celler was trying to make the amendment less controversial and hence more likely to pass.

    The proposed “D.C. Amendment” of the 1970s, which would have given the District full voting representation in Congress, would also have eliminated this limitation. Of course, this amendment was not ratified.