Rep. Warren Davidson of Ohio has once again pushed for a bill that would determine how many representatives a state may have based on the state’s population of US citizens. Currently, the number of seats each state has is determined by the decennial Census, which counts total population.
Davidson’s argument
On Jan 2, Davidson wrote that “congressional districts should be drawn based on the population of US citizens only. The Census should specifically count US citizens for apportionment of representation.”
Dodgy claim
“California,” Davidson claimed, “has 5-7 extra members of Congress because the Census uses total population. I have legislation that would end that practice.”
Lack of evidence
Per the 2020 census, 26.5% of California’s population is “foreign-born.” That means “anyone who is not a US citizen at birth,” and thus includes individuals who have become naturalized citizens.
Tried before
In February 2021, Davidson attempted to enact similar legislation, but it failed. Because the bill would change the US constitution, it would require a two-thirds majority in the House and Senate, and approval from at least three-quarters of the 50 states.
Current procedure
Currently, a federal census conducted every decade produces the population figures used to calculate how many representatives should be allotted to each state. This process, called “reapportionment,” is often controversial.
Attempted change
Former President Donald Trump attempted multiple times to have noncitizens excluded from the US Census. The attempts were repeatedly dismissed by judges as unconstitutional.
Surprising history
While noncitizens are not currently allowed to vote in any US state, for centuries the US did allow them to participate directly in state and federal politics. According to an essay in Time Magazine, nearly all the original 13 states allowed new immigrants to vote. Almost 80% of all 50 states have, at some point, extended the right to vote to noncitizens.
Relatively new
The restriction of voting rights to just citizens only fully took hold in 1926, the year “noncitizen voting in America ceased completely,” per Time. “Congress didn’t officially ban noncitizen voting for federal offices until 1996. ‘Friends’ has been around longer than that.”
The Constitution
Interestingly, the US Constitution does not actually forbid immigrants from voting, according to the Time article. However, the prospect of once again extending the vote to noncitizens is “highly unlikely,” considering Republican and moderate opposition to such an idea.
Fierce debate
“Only US citizens are represented by the US Congress,” Davidson claimed in his post. However, per Newsweek, his critics have argued that lawmakers actually represent everyone in their district, including noncitizens.
Contributions
A 1992 analysis by the LA Times concluded that immigrants contribute “mightily to the economy, by paying billions in annual taxes, by filling low-wage jobs that keep domestic industry competitive, and by spurring investment and job-creation, revitalizing once-decaying communities. Many social scientists conclude that the newcomers, rather than drain government treasuries, contribute overall far more than they utilize in services.” Even illegal immigrants, the Time article notes, pay more than $10 billion in taxes every year.
Dodgy connections
Davidson wrote his comments in response to a post asking, “What issue are you considered the most “far-right” on?” The account, “End Wokeness,” has itself been described as “far-right” by Mother Jones, which noted that it “has a pinned tweet that is a thinly veiled racist claim about crime statistics.”
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