Despite the foreign citizenship and illegal status of the parent, the executive branch of the U. The same is true of children born to tourists and other aliens who are present in the United States in a legal but temporary status.
Apportionment and The 14th Amendment to the US Constitution Political representation in the United States is based upon creating constituencies in proportion to geographical areas.
The US House of Representatives, for example, delimits seats proportionally between states. The states, in turn, create districts in which House members run. The decennial US Census has been used since as the basis for the United States representational form of government.
As a result of growing population, the number of House members eventually quadrupled in size.
Inthe number of Representatives was therefore fixed at In principle, districts are reapportioned every ten years after the decennial US Census. The number of districts apportioned to each state is defined by Congress, in accordance with Title 2 of US Code. In practice, the two major political parties vie for control of reapportionment in order to maximize their respective constituency bases.
During the s, the Supreme Court ruled in a series of cases that congressional and state legislative districts must consist of relatively equal populations. Sanders mandated that states apportion congressional district boundaries based strictly according to population.
Malapportionment can occur in the states as a result of failures to reapportion after significant population shifts within established districts.
The resulting effect is that in a given House district, a House member can end up representing a much larger number of voters as compared with another district.
The result is that citizens in the larger district have less direct access to, and influence upon, their elected Representative - thus diluting the principle of "one man, one vote", which has been upheld by the US Supreme Court. If illegal alien non-citizens are counted in the decennial Census upon which districts are apportioned, then states with larger illegal alien populations are likely to end up with more districts and therefore more representation in the House.
This effectively dilutes the votes of citizens in states having relatively low populations of illegal aliens.
Similarly, congressional districts in those states with proportionately higher numbers of illegal aliens end up representing a large illegal alien, non-citizen, non-enfranchised population.
Illegal immigration has the same effect on presidential elections because the Electoral College is based on the size of congressional delegations. Indeed, the presence of all foreign-born persons in naturalized citizens, non-citizens, and illegal aliens redistributed 16 seats, up from 12 seats in In addition, the presence of all non-citizens in the Census redistributed a total of nine seats.
The most obvious solution to this inequity is to stop counting noncitizens for purposes of apportionment. Article 1 Section 2 of the U.
Constitution mandates that a census be conducted every 10 years expressly for the purpose of apportioning seats in the House of Representatives.
Yet the Constitution does not specify the method of apportionment, or the composition of the population to be apportioned.
Since the original apportionment, several different methods have been used, with the method of Equal Proportions being used since Precedent is established in that Article I, Section 2 of the Constitution and the 14th Amendment both explicitly exclude non-taxed Indians from apportionment. In addition, the 14th Amendment, Section 2 acknowledges that some may be denied the right to vote.
It should not require a Constitutional amendment to count only citizens for apportionment purposes, but in light of special interest groups pushing for open borders, perhaps an Amendment ultimately will be necessary.
Given the number and power of special interest groups pressing for open borders, any attempt to change apportionment methodology would meet substantial resistance in Congress.
Furthermore, the most serious obstacle to counting only citizens for apportionment purposes would remain: Ultimate Solution The ultimate solution would be to enforce existing immigration laws both along the US perimeter and within in the interior, thus preventing additional illegal aliens from entering the US, while encouraging those already living here to return home to reunite with their families.CONSTITUTIONAL RIGHTS FOUNDATION Bill of Rights in Action Spring () The 14th Amendment.
BRIA 7 4 - Home | The Stalin Purges and "Show Trials" | The 14th Amendment and the "Second Bill of Rights" Education and the 14th Amendment.
Education and the 14th Amendment. The Constitution of the United States Preamble Note. We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.
Historical Analysis of the Meaning of the 14th Amendment's First Section. By P.A. Madison Last updated on August 2, Note: The work herein is still in development stages. Apportionment and The 14th Amendment to the United States Constitution - Fourteenth Amendment - anchor babies and birthright citizenship - interpretations and misinterpretations - US Constitution, apportionment, slavery slaves citizenship vote.
In the Courts. Courtroom battles played a significant role in the civil rights movement. For many years, civil rights leaders waged hard-fought and carefully planned legal battles to overturn legal segregation and achieve equality under the law.
Michigan Law Review; Handgun Prohibition and the Original Meaning of the Second Amendment, by Don B. Kates, Jr.