For instance the general power is conferred on Congress by the Constitution as well as the duty enjoined to provide for an enumeration upon which a fair and just basis may be found to make an apportionment "among the several States of Representatives according to their respective numbers." The Constitution specifically provides that in making that enumeration that Indians not taxed shall be excluded. and further provides that when the right to vote is denied a citizen of the United States the representation of such a State or States shall be reduced accordingly. The power to do these things is expressly granted. There Is another power conferred. as well as a duty enjoined on Congress by implication at least. and that is to pass legislation that will further protect the citizens in each and every State of the Union in taking this enumeration and making this apportionment. and that is by a provision excluding all persons not naturalized when making the enumeration and apportionment. The Constitution is silent on this question. as nowhere is the word "alien" mentioned in connection with the enumeration and apportionment. and while it is contended by some that Congress can not do this constitutionally. my answer is that Congress has the power to do so by implication as heretofore stated. For illustration. the Constitution specifically authorizes Congress to pass legislation for an enumeration of the population every 10 years. but you may search the Constitution from the first to the last and nowhere can you find that Congress is given the power to make apportionment of the Representatives. but it has been doing this just as though It were a power expressly given. and why?
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naturalized