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All Americans who claim to care about voting rights should be cheering the Trump administration’s new policy on congressional apportionment, which would help restore representative government by transferring political power from illegal immigrants back into the hands of citizens.
That our political class granted power to those unlawfully in America ought to outrage anyone who cares about the sanctity of the ballot and the rule of law. Yet this fact has persisted for decades under administrations both Democratic and Republican. The Trump administration, on behalf of forgotten Americans, has been uniquely willing to challenge a convention that had long gone unquestioned.
Prior to the release of the president’s new “Memorandum on Excluding Illegal Aliens From the Apportionment Base Following the 2020 Census,” the federal government distributed congressional seats based on the total number of people residing in an area, including illegal aliens, rather than on the number of people legitimately represented, namely citizens.
Should the president’s memorandum hold, the United States will now exclude illegal immigrants from the population counts used to apportion House seats. This is right as a matter of law, fairness, and common sense.
Voting Rights Belong to Citizens
The president’s memorandum lays out the executive’s authority by statute and precedent to determine who constitutes the “whole number of persons in each state,” and to “settle the apportionment of representatives” among the states. More fundamentally, although neither the courts nor Congress has settled the issue, it is legally dubious that illegal aliens should be considered “persons” to be counted in the census, which is used for apportionment, pursuant to the relevant portions of the Constitution.
As constitutional scholar Dr. John Eastman notes, the Constitution begins, “We the people of the United States,” not “[We] the people of the world,” or “[We] any foreign nationals who happen to be in the United States when a census is taken.”