I yield myself such time as I might use. Mr. President. the Shelby amendment is flatly unconstitutional. and therefore should not be included in this immigration bill. At an appropriate time I will offer a motion to table it. The amendment is unconstitutional because both article I. section 2 of the Constitution and the 14th amendment require apportionment to be based on "the whole number of persons." regardless of their citizenship or immigration status. The framers of the Constitution intended to count all persons. That principle is clear from the express languatge of the Constitution. It uses the word "persons" rather than "citizens" in the census provisions.
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immigration