Reps. propose Constitutional amendment barring illegal immigrants from counting in states' Congressional representative allotment

Congressmen Thomas Massie (R-KY), and Warren Davidson (R-OH) have proposed an amendment to the U.S. Constitution which, if enacted, would redefine the apportionment of Congressional representation to be based upon a state's number of citizens rather than simply by "persons" as it is presently done.

The design of the bill is to rebalance the Congress to deprive California of the enormous advantage it holds due to a large population of illegal immigrants in the state contributing toward its massive Congressional delegation.

The bill, known as House Joint Resolution 37, would reduce California's Congressional representation by anywhere from five to seven members of the House according to Davidson.

He wrote in a post to X, "Congressional districts should be drawn based on the population of US citizens only. The Census should specifically count US citizens for apportionment of representation. Only US citizens are represented by the US Congress. California has 5-7 extra members of Congress because the Census uses the total population. I have legislation that would end that practice"

Congressman Massie posting the full text of the proposed amendment to X explained, "Currently, Congressional districts are apportioned to states based on the population of citizens and NONCITIZENS which gives states with numerous illegal aliens an advantage in Congress and in the Electoral College."

Responses to the proposed amendment have been mixed, with some commentators stating the view that it is an unnecessary amendment, and others suggested that the verbiage of the 14th Amendment should be challenged in the Supreme Court and that the existing phrase "persons" can be interpreted to exclusively mean American citizens.

Massie replied to that particular objection saying, "This could be changed without a Constitutional amendment, and even without a law, but then it would be challenged in the courts. The best way to put it to bed is a constitutional amendment."

Some of the commentators suggested that the question has already been partially adjudicated by the 2022 ruling against the City of New York, when it attempted to allow non-citizens to vote in municipal elections.

As reported by Fox News Richmond County Supreme Court Judge Ralph Porzio ruled, "The New York State Constitution explicitly lays the foundation for ascertaining that only proper citizens retain the right to voter privileges...It is this Court's belief that by not expressly including non-citizens in the New York State Constitution, it was the intent of the framers for non-citizens to be omitted."

Porzio concluded, "It is clear to this Court that voting is a right granted to citizens of the United States."
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