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posted by martyb on Friday July 24 2020, @09:27AM   Printer-friendly
from the counting-is-hard-when-it-counts dept.

With No Final Say, Trump Wants To Change Who Counts For Dividing Up Congress' Seats:

President Trump released a memorandum Tuesday that calls for an unprecedented change to the constitutionally mandated count of every person living in the country — the exclusion of unauthorized immigrants from the numbers used to divide up seats in Congress among the states.

The memo instructs Commerce Secretary Wilbur Ross, who oversees the Commerce Department, to include in the legally required report of census results to the president "information permitting the President, to the extent practicable" to leave out the number of immigrants living in the U.S. without authorization from the apportionment count.

But the move by the president, who does not have final authority over the census, is more likely to spur legal challenges and political spectacle in the last months before this year's presidential election than a transformation of the once-a-decade head count, which has been disrupted by the coronavirus pandemic.

[...] Since the first U.S. census in 1790, both U.S. citizens and noncitizens — regardless of immigration status — have been included in the country's official population counts.

The fifth sentence of the Constitution specifies that "persons" residing in the states should be counted every 10 years to determine each state's share of seats in the House of Representatives. The 14th Amendment, which ended the counting of an enslaved person as "three fifths" of a free person, goes further to require the counting of the "whole number of persons in each state."

It is Congress — not the president — that Article 1, Section 2 of the country's founding document empowers to carry out the "actual enumeration" of the country's population in "such manner as they shall by law direct."

In Title 2 of the U.S. Code, Congress detailed its instructions for the president to report to lawmakers the tally of the "whole number of persons" living in each state for the reapportionment of House seats. In Title 13, Congress established additional key dates for the "tabulation of total population."


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  • (Score: 0) by Anonymous Coward on Friday July 24 2020, @05:09PM (4 children)

    by Anonymous Coward on Friday July 24 2020, @05:09PM (#1025858)

    During a civil war to free slaves. Such an ass hole. Extreme circumstances demanded extreme measures.

    >but I understand why theatre star Booth did what he did.

    Booth being butt hurt that his side lost using violence during a declared peace in an attempt to force his ideology save hell or high water. Sounds rather familiar to antifa thugs. What's even more pathetic is that the South, accepting their lose, did not herald Booth as a hero that Booth thought he was. Booth was hated for what he had done and died as a traitor to the South and the North.

    You know happened after Lincoln was assassinated? Andrew Johnson, a Democrat, assumed office and stymied the Republican effort of Reconstruction and Emancipation.

  • (Score: 0) by Anonymous Coward on Friday July 24 2020, @08:49PM (3 children)

    by Anonymous Coward on Friday July 24 2020, @08:49PM (#1025933)

    The war was not to free slaves. That was just a convenience for the side that happened to win. Not saying that freeing the slaves should not have happened, but let's at least not lie to ourselves about the motives there.

    • (Score: 0) by Anonymous Coward on Friday July 24 2020, @11:57PM (2 children)

      by Anonymous Coward on Friday July 24 2020, @11:57PM (#1026017)

      That's a lie and you know it's a lie. Read The Declaration of Causes of Seceding States numbnuts.

      • (Score: 0) by Anonymous Coward on Saturday July 25 2020, @12:25PM (1 child)

        by Anonymous Coward on Saturday July 25 2020, @12:25PM (#1026140)

        The south was fighting to keep their slaves, the north was fighting to keep the south. North didn't care about slavery except as a military and political lever.

        • (Score: 1, Insightful) by Anonymous Coward on Saturday July 25 2020, @04:25PM

          by Anonymous Coward on Saturday July 25 2020, @04:25PM (#1026185)

          And of course Missouri, Maryland, Kentucky and Delaware remained under the authority of the North, but kept slavery until the 13th Amendment was adopted. Did West Virginia too after they seceded from Virginia? If I recall correctly, the Emancipation Proclamation only applied to "states in rebellion".