, a case challenging the Trump administration’s decision to exclude undocumented immigrants from the 2020 census counts that would be used in apportioning House seats.
There are important issues on which the Constitution is vague. But not in this case. The constitutional text is clear and the Trump administration’s position is wrong.mandates that “Representatives … shall be apportioned among the several States … according to their respective Numbers, which shall be determined by adding to the whole number of free Persons, … and excluding Indians not taxed, three fifths of all other Persons.
The word “persons” is often used in the Constitution to refer to all people, as opposed to only citizens. When a constitutional provision applies only to citizens, it uses that very word, as in the Privileges and Immunities Clause, which prevents states from denying various rights to “citizens” of other states but not noncitizens.
The odious provision of the Constitution that counted an enslaved person as three-fifths of a free person for apportionment purposes gave extra representation to slave states, even though slaves were denied both citizenship and the franchise. And even today, most states deny the vote to children under 18,
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