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Stop Allowing Noncitizens to Determine Congressional and Presidential Representation

Posted on Thursday, February 8, 2024
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by Outside Contributor
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The open border has enabled the Left to amass more political power. Democratic-controlled states have gained congressional seats by welcoming and harboring illegal aliens.

As president, Donald Trump tried to halt this wrongdoing by ordering the census to exclude all noncitizens from apportionment. But one of President Joe Biden’s first acts in office was to reverse this policy as he began to open the border to millions of illegal aliens.

Barring the census from including noncitizens in apportionment is critical in making sure that American citizens—the only population who can and should vote in U.S. elections—are picking America’s leaders.

Biden’s intentional border crisis has produced unprecedented apportionment issues, distorting the representation that states have in the House, and how many electoral votes they have in presidential elections.

Congressional and Electoral College apportionment is based on the number of residents, as determined by the census. Currently, the census includes illegal aliens and other noncitizens as residents. 

Consequently, a state can gain extra congressional districts and representation in Congress thanks to the presence of a large population that isn’t legally allowed to vote. Since the number of congressional seats is limited to 435, this additional representation comes at the expense of other states.

This warped representation is carried over into the Electoral College, where each state is allocated a number of votes equal to the number of senators and representatives in its congressional delegation.

In a 2018 lawsuit against the Census Bureau within the Commerce Department, then-Rep. Mo Brooks, R-Ala., wrote:

In a state in which a large share of the population cannot vote, those who do vote count more than those who live in states where a larger share of the population is made up of American citizens. Counting large illegal alien populations in the Census appropriates voting power from Americans and bestows it on other[s].

Solving this flawed process is of paramount importance going into an election year.

First, excluding noncitizens—tens of millions of whom are illegal aliens—from apportionment would help discourage sanctuary policies. Sanctuary jurisdictions like California, Illinois, and New York have welcomed illegal immigrants, at least in part, to keep their populations high. 

During a 2021 hearing about Haitian migrants, Rep. Yvette Clarke, D-N.Y., stated that her district “can absorb a significant number of these migrants,” adding, “I need more people in my district just for redistricting purposes.”

These states need to keep their population numbers inflated with illegal aliens because Americans citizens are fleeing in droves due to their disastrous policies. Making it clear to these states and their radical governors that they won’t be able to use illegal aliens to “cook their books” to maintain disproportionate political power (and money) will go a long way toward breaking the sanctuary state trend.

Second, no longer including noncitizens in apportionment will help ensure that only American citizens will shape our political landscape and pick future leaders. Letting states include millions of aliens in their census counts is the equivalent of letting foreign countries determine the political destiny of the United States, which is unacceptable.

To address this issue and restore trust in the electoral process, Congress should pass legislation to ensure that all future apportionment determinations only include American citizens.

Senate bill to do just that was recently unveiled by Sen. Bill Hagerty, R-Tenn., and 20 of his colleagues, followed by a House companion led by Reps. Chuck Edwards, R-N.C., and Warren Davidson, R-Ohio, that is gaining steam. If passed into law, this would likely end up before the Supreme Court, but it is on firm legal footing.

The Constitution requires the counting of “persons,” who the Founding Fathers almost certainly assumed to be citizens. Regardless of history or tradition, Congress has the plenary authority to define “persons” or otherwise clarify how the census is to be conducted. 

To the extent past federal cases disagree with Congress on this point, Congress can effectively overrule case law and define “persons” as citizens and require the counting of only citizens in the census (or the non-counting of noncitizens) for apportionment.

U.S. citizenship should mean something and come with rights, such as voting in elections, as well as responsibilities, such as obeying our laws.

Congress must put an end to the electoral influence of a growing noncitizen population that is unfairly altering both representation in the House and the Electoral College. American citizens should not have their voting rights devalued or their congressional and presidential representation corrupted due to the inclusion of noncitizens in our census.

Originally published by Fox News

Reprinted with permission from The Daily Signal by Lora Ries.

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David Millikan
David Millikan
10 months ago

Excellent article. Illegal Aliens have ZERO rights and are NOT allowed legally to vote in any U.S. election.
That’s the LAW.

HFS
HFS
10 months ago

Totally agree with your article. As a matter of fact, let’s DEPORT the illegal aliens over a period of several years so we will still have a country to save.

Louis
Louis
10 months ago

Make belive the illegals don’t exist when it comes to population and voting. Deport all of them as soon as possible.

Jackie
Jackie
10 months ago

The best way to solve this problem is to deport ALL illegal and close the borders immediately!! Illegals should not have the right nor the privilege of voting in this country especially when they have assaulted police officers, fled to another state then throws up double middle fingers at us – that shows no respect for the country that allowed them to enter nor does that seem like people who want to be citizens, they are here to be irritants, to cause disruption, etc! That’s what Democrats want!!! I’m so disappointed, disgusted, frustrated and angry with this administration and Democrats in general!!!!!

Linda
Linda
10 months ago

We were told many years ago that they would take us from within. Without firing a shot! Well wake up people!!!!

rosalie
rosalie
10 months ago

non citizens should have NO SAY IN OUR COUNTRY. they are nobody. DEPORT THEM ALL IMMEDIATELY. for entertainment purposes

Dot whitley
Dot whitley
10 months ago

Support Trump, and pray for God to lead him , and protect him all the way.

kitty hogan
kitty hogan
10 months ago

why on earth would we let illegals vote? has biden made us all stupid?

Robert Zuccaro
Robert Zuccaro
10 months ago

Who plagerized me? I’ve been saying this for years! Once again the Democrat Party, proclaiming themselves to be “protectors of the people”, real motives:POWER AND THE CONTINUED POSSESSION OF POWER. That is when it’s not about MONEY…

Dan
Dan
10 months ago

Deport all migrants who illegally crossed our northern & southern border. Also, deport all of people who overstayed their work visa. None of these people should not be counted in census to determine the number of representatives each state sends to congress.

Irv C
Irv C
10 months ago

I still do t see how biden isn’t in prison for treason. Article III Sec.3 Para 1 states when anyone who is a US Citizen gives aid or comfort to an enemy, that’s TREASON. Sure some illegals are legitimate, uneducated, here only for free benefits but a good share are Cartel, Taliban, Hezzballah, and more.

Mark Flatland
Mark Flatland
10 months ago

Why not subtract the number of illegals from the number of legal citizens to determine the number of representatives each state has in the House of Representatives, and the number of electors in their respective electoral colleges. That ought to make the Dems pucker up!

Dr. Sam adams
Dr. Sam adams
10 months ago
  1. Illegal Aliens need to be removed along with this illegal, perverse government. The Government particularly needs to be arrested and charged with sedition and treason, with the death penalty applied.
  2. Ted Kennedy (the Duke of Chappaquiddick) led the US Senate in 1965 to change the immigration law, that was the beginning of this nightmare. Unlike real immigrants who came to this country, to flee persecution, not to get on welfare (there was no welfare) These people are being used to destroy the white majority by attrition by this rotten, racist corrupt regime.
JPop
JPop
10 months ago

Dear JoeBama Adminstration: Take care of the American People First, which is your duty.

Steven
Steven
10 months ago

When will the American people stand up and demand that illegal immigrants are not to be allowed to vote in our elections. They are not US citizens and are not entitled to any of our social and welfare programs. Biden and his entire administration should be impeached for violating their oaths of office to defend and protect the United States of America. We can put a stop to this disgrace right now by denying anyone to vote without a Valid Photo Voter ID Card. And you have to be a real citizen, not an illegal immigrant, to even register to vote. Anyone who does not have a valid Voter Photo ID Card will not be allowed to vote and ANY ELECTION.

howtalliss
howtalliss
10 months ago

Its like you read my mind You appear to know so much about this like you wrote the book in it or something I think that you can do with a few pics to drive the message home a little bit but instead of that this is excellent blog A fantastic read Ill certainly be back

GMA
GMA
10 months ago

Americans must stand up against having immigrants vote..get a petition to sign.

Stephen Russell
Stephen Russell
10 months ago

Here in LA CA we count Homeless day & night.

Barrett T Smith
Barrett T Smith
10 months ago

In pre-Civil War days, democrats imported blacks to pick cotton. Now they import them for political gain and keep them under their thumb by promising reparations and other free goodies. It is still a form of slavery. Vote for The Massa if you want to get free housing and food.

Stephen C
Stephen C
10 months ago

Hope both these companion bills ultimately pass both chambers and become law. Can’t happen fast enough, especially in regards to the “open borders’ policies of the current administration in DC!!

Thinking
Thinking
10 months ago

What will happen next the dems will make everyone register at their local city hall. Like in Jesus’s time. Like they do in Europe. After you move you have to let the city you are moving from, know, you are leaving and where to, your new address. And register in the city you move to as well. That is the only way the dems can keep power and control. Ole Joe won’t remember he started this mandate. Like he doesn’t remember when he was VP or who president of Mexico is. Total control they want over the people especially MAGA people. The country is being run into the ground by ole Joe but he remembers only that this guy Trump was a bad dude just like corn pop. And boy can he get mad at him on his campaign trail. But about closing the border he knows nothing. He has the power to close it any time. But won’t, it is so much better to blame the reps for his debacle. Re-apportionment the same. He is not for saving America only for the dems to have ultimate power. Freedom is not Free.

PapaYEC
PapaYEC
10 months ago

Illegal aliens need to be deported the moment they are discovered. PERIOD.

Susan
Susan
10 months ago

Illegal aliens should not be counted for anything!

Randall L. Beatty
Randall L. Beatty
10 months ago

Illegals do not have the same right as citizens in this country do. The Dems in Washington are trying to pull a fast one to stay in power they let all those people in they are not citizens they do not care to become citizens here as long as the Dems give them everything for nothing at hard working citizens they will raise taxes just wait and see they will lie there way through this to come out on top.

Gail
Gail
10 months ago

So what are we going to do about it? The election is in November!

Wayne Peterkin
Wayne Peterkin
10 months ago

I have been arguing for many years that non-citizens MUST be identified on the census and excluded from congressional apportionment for the very reason stated in the article.Our votes are being diluted by illegal immigration as well as legal non-citizens, and it makes no sense and never has.How can anyone argue that someone not allowed to vote can influence our elections? Just as bad, a lot of apportioning of federal money as well as representation is made based on the population of a state/location including those ineligible to vote! It’s madness, and it hurts every eligible voter in our nation. It needs to stop.

BillBoy Baggins
BillBoy Baggins
10 months ago

Totally agree. However, we still need to know how many illegals are in the country, as well as the number of non-citizens, lawfully herein.

Sidney whaples
Sidney whaples
10 months ago

No one has a rignt too vote but the people born hear or came here legal

Barbara
Barbara
10 months ago

The insane regulations spewing forth from our congressional representatives, Supreme Court, and faux Biden Administration must end. Prayers work! Hopefully enough people will pray for this insanity to end and the illegals are gone.

Tim Toroian
Tim Toroian
10 months ago

Illegals should be counted as ca ca.

Chris
Chris
10 months ago

Excellent article. BUT there is one major problem. You are not politically correct. This is America now. Illegal aliens and Undocumented aliens is a insult to them. I think the politically correct term is, Predocumeted Future Democrats. Please reply to this post quickly before it is CENSORED. CHRIS B GRODHAUS

Dr. Sam adams
Dr. Sam adams
10 months ago

Why were my comments placed under, awaiting approval? Does Amac have a board of censors?

Jorge L Rios
Jorge L Rios
10 months ago

This entire matter in reminicent of the 3/5ths compromise which was a way of making corrections to the Democrats atempts to get their way in a very similar situation back in the 1800s. It looks like you really can’t change a leopards spots no matter how hard you try.

Troy R.
Troy R.
10 months ago

We are witnessing the end of conservatism and the Republican Party as we know it. These illegals are going to eventually have voting rights. They’re surely not going to vote for the party that’s about accountability and personal freedoms. They’re voting for free stuff! As per the article, the more people in a congressional district, the more representation that is needed for those people. That means more democratic representation to sway the vote in their favor. Pray for our nation. Evil underhandedness seems to be the norm today.

Victoria
Victoria
10 months ago

Not a LEGAL American Citizen? = NO VOTE…PERIOD…That’s a no brainer…duh…

Robin Walter Boyd
Robin Walter Boyd
10 months ago

As American citizens leave Progressive run states such as California, reducing the representatives for that state, California is replacing American citizens with illegal aliens who not only allow California to have more representation in Congress but guarantees that representation will be Democrats who support illegal aliens. It’s a very dangerous way for Democrats to increase their voting power.

cam
cam
10 months ago

How can federal and states leaders apportion millions to non-citizens, illegal migrants at the expense of citizens and legal residents. If anyone thinks people are using loopholes to vote in States, municipalities, and boards elections than we are either ignorant or just not paying attention to the relaxed politics surrounding these states apportionments. If illegals can get driver licenses, state ids without restrictions, what could not be feasible!

Karen Elliott
Karen Elliott
10 months ago

My mom was a “War Bride.” She married an American soldier in England during WW 2. She and her baby son came over on the Queen Mary with many other brides at the end of the war. She was not allowed to vote at that time. Several years as latter, she decided she wanted to become an American citizen. She studied about American history and our government. Then she took a requiered test over what she had learned about our country. She passed and then was granted citizen ship! She was able to vote! That’s the way it should be done now!

Rollin Bird
Rollin Bird
10 months ago

Yes, completely against illegal aliens being included in the census.

uncleferd
uncleferd
10 months ago

The people who were illegally imported by the Democrats to violate the voting rights of Democrat opposition have no right to cast votes at our polling places. The even larger issue is the lack of legitimacy of the Democrat party in general.
During President Trump’s first (2016) campaign, he and his campaign were illegally surveilled under an illegitimate FISA court warrant that was fraudulently requested by the FBI as a “favor to the Clinton Campaign” (as quoted in recovered FBI correspondence) to falsely portray Trump as having engaged in “collusion” with Russia. He carried this false accusation for years, until Judicial Watch sued the DOJ for (and obtained) all of the FBI correspondence that proved the falseness of their claim.
President Trump’s 2020 campaign was successfully derailed by the Democrat-led scheme to illegitamitely flood the vote count with paper ballots on election night, while accepting many of those ballots with no polling place oversight. President Trump was “unable to prove” the illegitimacy of this phony process, though, in fact, the Democrats could likewise not “prove” their “victory” without any valid chain of custody for those counterfeit ballots.
NOW, TODAY, we have roughly 10 million illegal, Democrat-imported immigrants who are in our country because those very same Democrats want to disenfranchise all who oppose them with even more invalid votes from the non-citizens they illegally allowed into our country.
If anyone should be disqualified from appearing on a ballot and being a candidate for political office in OUR UNITED STATES, it should be EVERY ONE OF THOSE DEMOCRAT LAW- MAKERS WHO KNOWINGLY SUPPORTED DEMOCRAT-LED ELECTION FRAUD AND ASSOCIATED MISCONDUCT.
EVERY LAST ONE OF THESE DEMOCRAT LAWMAKERS SHOULD BE INVESTIGATED.

David
David
10 months ago

Long, long overdue.

Amend the Constitution to remove this relic of pioneer days, and NO ONE will play the “Sanctuary City” games, ignoring the Constitution’s obligations placed on American states.

Pissed
Pissed
10 months ago

Who believes we’ll make it to November I don’t!

Victoria
Victoria
10 months ago

Not a LEGAL American Citizen? = NO VOTE…that’s a no brainer…duh.

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