Mr. President. the Shelby amendment is flatly unconstitutional as a matter of law. totally unworkable as a matter of practice. and completely inappropriate for inclusion in this important appropriations bill. The amendment is unconstitutional because both article I. section 2 and the 14th amendment require apportionment to be based on "the whole number of persons" regardless of their citizenship or immigration status.. That the framers intended to count all persons is clear from the express language of the Constitution. It uses the word "persons" rather than "citizens" in the census provisions. Elsewhere in the Constitution. the framers used the word "citizens" where that was Intended.
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immigration