Mr. President. I rise to express my strong opposition to the amendment offered by the Senator from Alabama which would direct the Census Bureau to exclude undocumented persons from the total population figures used for purposes of reapportioning the U.S. House of Representativds. I oppose this amendment because it is plainly unconstitutional. and I urge mycolleagues to oppose it also. The relevant provision of the 14th amendment to the Constitution provides that: Representatives shall be apportioned among the several States according to their representative numbers. counting the whole number of persons In each state... This language Is unambiguous. Previous debates in Congress. as well as decisions rendered by the courts. have consistently interpreted this provision to require that redistricting and reapportionment are to be based on actual numbers of people or inhabitants. and not on any particular subgroup of that population such as taxpayers. citizens. or legal residents.
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undocumented