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Fed Court NY rules illegals

Posted on 9/11/20 at 7:35 pm
Posted by alatxtgr
The Nation of Texas
Member since Sep 2006
2285 posts
Posted on 9/11/20 at 7:35 pm
Must be counted in the census for state apportionment in Congress. Citizens are now 2nd class and not truly or fairly represented by our government. We are watered down by whatever you want to call them...

gopusa.com
Posted by Eli Goldfinger
Member since Sep 2016
32785 posts
Posted on 9/11/20 at 7:35 pm to
Will get overruled and go to scotus
Posted by The Boat
Member since Oct 2008
164137 posts
Posted on 9/11/20 at 7:37 pm to
Sure you can count them but you have to give ICE the list of names and addresses
Posted by TidenUP
Dauphin Island
Member since Apr 2011
14432 posts
Posted on 9/11/20 at 7:38 pm to
How long before pet owners want to include their pets in the Census? I mean they live within those Congressional districts too, right?
Posted by Sput
Member since Mar 2020
7934 posts
Posted on 9/11/20 at 7:40 pm to
We gonna count them as 3/5ths of a person?
Posted by timdonaghyswhistle
Member since Jul 2018
16301 posts
Posted on 9/11/20 at 7:41 pm to
NYC better start counting the rats.
Posted by PsychTiger
Member since Jul 2004
99001 posts
Posted on 9/11/20 at 7:41 pm to
My dog deserves a vote over “people” not born in this country.
Posted by udtiger
Over your left shoulder
Member since Nov 2006
98775 posts
Posted on 9/11/20 at 7:43 pm to
Of course they did.

It's time for a culling of the judicial branch.
Posted by udtiger
Over your left shoulder
Member since Nov 2006
98775 posts
Posted on 9/11/20 at 7:44 pm to
quote:

The special three-judge panel in New York unanimously approved an injunction against Trump’s July order. They didn’t rule on whether the order is unconstitutional, but said it would cause harm for the next decade, until the next census is conducted


So is not unconstitutional, but we're going to frick the nation for a minimum of 10 years because the orange man is bad.
Posted by udtiger
Over your left shoulder
Member since Nov 2006
98775 posts
Posted on 9/11/20 at 7:46 pm to
Seems odd that THIS presidential memorandum isn't being treated the same was as A FACIALLY UNCONSTITUTIONAL MEMORANDUM IN VIOLATION OF THE APA.
Posted by MintBerry Crunch
Member since Nov 2010
4852 posts
Posted on 9/11/20 at 7:57 pm to
I mean it’s literally in the constitution.

They are persons.
Posted by HeadSlash
TEAM LIVE BADASS - St. GEORGE
Member since Aug 2006
49651 posts
Posted on 9/11/20 at 8:07 pm to
quote:

My dog deserves a vote over “people” born in this country.


FIFY
Posted by TBoy
Kalamazoo
Member since Dec 2007
23707 posts
Posted on 9/11/20 at 8:07 pm to
quote:

How long before pet owners want to include their pets in the Census?

Non humans aren’t required by the constitution to be counted, but the constitution requires that all people be counted.

Cults train people to ignore truth and reality.
Posted by NC_Tigah
Carolinas
Member since Sep 2003
123908 posts
Posted on 9/11/20 at 8:12 pm to
quote:

Fed Court NY rules illegals
SCOTUS will get that case.
Posted by AggieHank86
Texas
Member since Sep 2013
42941 posts
Posted on 9/11/20 at 8:22 pm to
All citizens are persons, but not all persons are citizens.

I wish the Constitution were worded differently, because including non-citizens in the apportionment numbers is just bad policy.

But the document says what it says. Live with it or amend it. And thank the Reconstruction-era Republicans for that little but of brain-dead drafting.
This post was edited on 9/11/20 at 8:26 pm
Posted by CamdenTiger
Member since Aug 2009
62436 posts
Posted on 9/11/20 at 8:25 pm to
Illegals may be all that’s left in New York, right now....
Posted by PhDoogan
Member since Sep 2018
14947 posts
Posted on 9/11/20 at 8:52 pm to
quote:

All citizens are persons, but not all persons are citizens.

I wish the Constitution were worded differently, because including non-citizens in the apportionment numbers is just bad policy.

But the document says what it says. Live with it or amend it. And thank the Reconstruction-era Republicans for that little but of brain-dead drafting.


quote:

Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed.


Not a constitutional census scholar, and not spending this time on Friday night looking into this further than I have, but it seems that if non-taxed Indians was the basis for exempting Indians from the census, valid argument could be made for exempting illegal aliens. Plus, it seems extending a census count to illegals for representative purposes (to states that are illegally harboring them, as we have seen in modern times) is a far cry to extending due process rights to "persons" present in this country.

From the best of my understanding and recollection, none of the census cases have been decided on constitutional grounds but on chickenshit technical grounds, such as lack of explanation/justification under the Administrative Procedures Act.
This post was edited on 9/11/20 at 8:54 pm
Posted by ImaObserver
Member since Aug 2019
2286 posts
Posted on 9/11/20 at 9:45 pm to
U.S. Constitution › 14th Amendment

Section 2.
Representatives shall be apportioned among the several states according to their respective numbers, counting the whole number of persons in each state, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice President of the United States, Representatives in Congress, the executive and judicial officers of a state, or the members of the legislature thereof, is denied to any of the male inhabitants of such state, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such state.

Please note the exception of "Indians not taxed". This is because "Indians not taxed" were not considered as being citizens of the United States or of the States wherein they resided. Such was ruled by the Supreme Court in Elk v Wilkins.

In Elk v. Wilkins, the Supreme Court stated:

(Indians born within the territorial limits of the United States, members of, and owing immediate allegiance to, one of the Indian tribes (an alien though dependent power), although in a geographical sense born in the United States, are no more ‘born in the United States and subject to the jurisdiction thereof,’ within the meaning of the first section of the fourteenth amendment, than the children of subjects of any foreign government born within the domain of that government, or the children born within the United States, of ambassadors or other public ministers of foreign nations.)

The 14th Amendment was correctly interpreted as such for decades. Hence the need for additional acts to give citizenship to Native Americans and the native inhabitants of territories like Puerto Rico and Guam.

The court having thus decided, it seems quite obvious that the intent of the second section of the Fourteenth Amendment was to exclude all NON CITIZENS from the number of residents counted to determine the apportionment of representatives in Congress. Also note that the second sentence refers specifically to "male inhabitants of such state, being twenty-one years of age, and citizens of the United States"
Why are non-citizens being counted today and why do some states such as California and Florida have such a great number of representatives in Congress and votes in the Electoral College ILLEGALLY?

The census results are essential for determining how U.S. House seats, presidential electors, and intrastate seats are apportioned, as well as how hundreds of billions of dollars in federal funds are allocated. Counting non-citizens, who tend to reside in heavily Liberal communities, means that a disproportionate political representation and a disproportionate amount of federal funds are allocated to those areas.
Posted by Sidicous
Middle of Nowhere
Member since Aug 2015
17166 posts
Posted on 9/11/20 at 9:58 pm to
quote:

excluding Indians not taxed.
Time to play the semantics DemProgFilth game. Simple solution is to count every illegal under the label "Indian". If they want to show up to a court to dispute the label have them arrested and deported immediately for being illegally in the nation.
Posted by DocSavage
New Orleans
Member since Nov 2005
324 posts
Posted on 9/11/20 at 10:45 pm to
This is from Title 13:The law that governs the census.

Page 25: LINK

Pub. L. 96–369, §118, Oct. 1, 1980, 94 Stat. 1357, provided
that: ‘‘Notwithstanding any other provision of law,
when the President determines that a State, county, or
local unit of general purpose government is significantly affected by a major population change due to a large number of legal immigrants within six months of
a regular decennial census date, he may order a special
census, pursuant to section 196 of title XIII of the
United States Code [this section], or other method of
obtaining a revised estimate of the population, of such
jurisdiction or subsections of that jurisdiction in which
the immigrants are concentrated. If the President decides to conduct a special census, it may be conducted
solely at Federal expense.’’

Logic states that if a large number of immigrants were suddenly received by a state just after the census was completed they would want to count them and receive the representation and funding that that additional population deserves.

This section accomplishes that. However, there is that one pesky term that interferes with an interpretation of the constitution that would allow everyone to be counted.
Only Legal immigrants are to be added to the census if a large enough group comes in after the census is completed. Legal immigrants, not border jumpers, not undocumented refugees, only legal immigrants. You see only legal immigrants are qualified to become citizens. Illegal immigrants are criminals and disqualified to pursue citizenship. They don't count in the Census. If they did this provision would include them in cases of mass migration.

The constitution is not the Law. Congress passes the laws and the Supreme Court uses the constitution to judge those laws when challenged.

I am not a lawyer but this is what the law says.
Prove me wrong.
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