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Monday, 30th November, the case Trump v. New York will be argued before the Supreme Court.
The Court's decision in the case may or may not affect the 2020 elections. The Trump administration will be arguing that "undocumented immigrants" (illegal aliens) should not be considered "persons" for the purpose of congressional representation numbers. Trump has said, on more than one occasion that some states are over-represented in Congress due to the number of illegals in those states.
The 14th Amendment, Section 2 would appear to contradict Trump while supporting the idea that all humans/persons should be counted during the national census that takes place every 10 years. Although the Amendment does state that "Indians not taxed" were not to be counted. Native Americans did not become American citizens until the passage of the Indian Citizenship Act of 1924, even after the passage of that Act some states refused to call Indians "citizens' if they lived on a designated reservation, until 1957.
The Court's decision in the case may or may not affect the 2020 elections. The Trump administration will be arguing that "undocumented immigrants" (illegal aliens) should not be considered "persons" for the purpose of congressional representation numbers. Trump has said, on more than one occasion that some states are over-represented in Congress due to the number of illegals in those states.
Issues: (1) Whether a group of states and local governments have standing under Article III of the Constitution to challenge a July 21, 2020, memorandum by President Donald Trump instructing the secretary of commerce to include in his report on the 2020 census information enabling the president to exclude non-citizens from the base population number for purposes of apportioning seats in the House of Representatives; and (2) whether the memorandum is a permissible exercise of the president’s discretion under the provisions of law governing congressional apportionment.
The 14th Amendment, Section 2 would appear to contradict Trump while supporting the idea that all humans/persons should be counted during the national census that takes place every 10 years. Although the Amendment does state that "Indians not taxed" were not to be counted. Native Americans did not become American citizens until the passage of the Indian Citizenship Act of 1924, even after the passage of that Act some states refused to call Indians "citizens' if they lived on a designated reservation, until 1957.
Section 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. But when the right to vote at any election for the choice of electors for President and Vice President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State.