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In the lawsuit filed directly to the Supreme Court, Louisiana v. Bryson [pdf], Louisiana argues that the Census policy of counting non-citizens allows other states to gain clout "at the expense of states containing relatively few" undocumented immigrants, like Louisiana. Leave out the undocumented residents, Louisiana says, and it would still have seven Congressional seats.
Louisiana Attorney General Buddy Caldwell innocently says that "Louisiana's complaint simply asks the court to require the federal government to re-calculate the 2010 apportionment of U.S. House of Representatives seats based on legal residents."
During the last 10 years, many Southern states have seen growth -- Texas, Florida, Georgia and South Carolina have all gained Congressional seats due to population increases.
During the last 10 years, many Southern states have seen growth -- Texas, Florida, Georgia and South Carolina have all gained Congressional seats due to population increases.
The Constitution makes a clear distinction between citizens and persons. This can be seen in the second paragraph of Article I, Section 2:
Quote:
No Person shall be a Representative who shall not have attained to the Age of twenty five Years, and been seven Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State in which he shall be chosen.
Here, the Constitution clearly states that some persons are not citizens.
Moving on to Amendment XIV, Section 2, first sentence:
Quote:
2. 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.
We here see that apportionment is specifically intended to be based upon persons, not citizens.
Louisiana argues that the Census policy of counting non-citizens allows other states to gain clout "at the expense of states containing relatively few" undocumented immigrants, like Louisiana.
Louisiana argues that the Census policy of counting non-citizens allows other states to gain clout "at the expense of states containing relatively few" undocumented immigrants, like Louisiana.
The Constitution clearly mandates counting all persons -- not merely citizens but persons -- for purposes of apportionment.
The fact that Louisiana wishes this were not so is legally irrelevant.
Louisiana argues that the Census policy of counting non-citizens allows other states to gain clout "at the expense of states containing relatively few" undocumented immigrants, like Louisiana.
I am just curious as to how many illegal aliens actually fill out the census. Seems counter-intuitive.
That's just F'd up. So criminal aliens get the same representation as citizens?
Not really, they still don't get to vote. Only citizens can vote. But in a way, it givers citizens who live in areas with high numbers of illegal immigrants more representation.
I am just curious as to how many illegal aliens actually fill out the census. Seems counter-intuitive.
Probably not many. But I wonder if the door-to-door census takers pick up the slack? Though I do remember reading that many illegal immigrants do file tax returns.
The Constitution makes a clear distinction between citizens and persons. This can be seen in the second paragraph of Article I, Section 2:
Here, the Constitution clearly states that some persons are not citizens.
Moving on to Amendment XIV, Section 2, first sentence:
"2. 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."
We here see that apportionment is specifically intended to be based upon persons, not citizens.
Case closed.
Very Interesting. I had never before focused on this Section, but I wonder if this may lead to an argument that illegal aliens should not count for purposes of apportionment. Were "Indians not taxed" the equivalent of the illegal aliens of today? I think this phrase was in there because the Indians in the mid 1860's for the most part lived on reservations, mainly governed themselves, and often made treaties with the US Government for certain needs. But once they got off the reservation, they were persons (citizens?).
Were they Citizens of the US however while on the Reservation? I don't know the answer to that (But I think they were, as having been born in the US - or was being born on a reservation not considered being born in the US?). If they were not, then by analogy, Illegal Aliens today should not be counted.
Very Interesting. I had never before focused on this Section, but I wonder if this may lead to an argument that illegal aliens should not count for purposes of apportionment. Were "Indians not taxed" the equivalent of the illegal aliens of today? I think this phrase was in there because the Indians in the mid 1860's for the most part lived on reservations, mainly governed themselves, and often made treaties with the US Government for certain needs. But once they got off the reservation, they were persons (citizens?).
Were they Citizens of the US however while on the Reservation? I don't know the answer to that (But I think they were, as having been born in the US - or was being born on a reservation not considered being born in the US?). If they were not, then by analogy, Illegal Aliens today should not be counted.
Food for Thought.
Sure. All you've go to do is convince the United States Supreme Court that "Indians not taxed" actually meant "illegal immigrants".
Good luck with that...
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