Executive Order: House Representative Appointments

Politics
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United States Constitution, Amendment 14, 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.

So the census determines the numbers of people in the US population, and the Constitution says that the apportionment of Representative is to be based on those respective numbers.
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Does President Trump have the power to issue an Executive Order (remember when those were bad things) to over-ride the plan language of the Constitution?
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.WW, PSHS

2

Short answer: No.

This is another example of him wiping his ass with the Constitution. And he will lose this one handily I suspect.

4 Likes
3

Have to see what The Final Arbiters say, they’re the ones who decide what the Constitution says.

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I agree with a minor nit.

The Constitution clearly says apportionment is based on the number of people counted (excluding non-taxed indians), not the number of citizens counted - that’s in black and white.

You are correct though that it will take the SCOTUS to over-rule the EO or for President Biden to rescind it.
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.WW, PSHS

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Considering the court had a problem with the citizenship question on the census, this should be a quick verdict against his EO.

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The Final Arbiters decide black. And white. And everything else.

I used to know the difference between a penalty and a tax or what “shall not be infringed” means.

I was wrong apparently.

2 Likes
7

Must be humbling.

I of course have never reached to point of being proven wrong so it’s hard to empathize.
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.WW, PSHS

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8

Apparently.

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Can one president rescind what another ordered??

Interesting.

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10

When done properly? Sure.

Takes following proper procedures though.
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.WW, PSHS

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11

Are we to count tourists from abroad in the census and give them representation?

No, its the residents of the states that are to be counted.

And if you are here illegally, you should not be considered a resident. You hold no more status than a legal tourist.

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12

Which, ironically enough given Trump’s utter failure in this regard, is not all that complicated either. But when you’re surrounded by a bunch of D-listers, inevitably competency suffers and failure abounds.

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There is a basic assumption when this is being declared…and that is…all immigration laws are being enforced. That’s not the case and therefore, this is being implemented. Is the President’s order legal? Why would “we” not all be united in asking that all laws be enforced…equally…to us all?

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How are they going to determine is citizens if there was no questionnaire on the census pertaining to citizenship? Is this for the 2030 census?

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Excellent question. From a practical standpoint, how is this going to be accomplished?

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It’s not.

It’s all theater.

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17

This makes the most sense. More fodder for the base. Better to pretend to govern than to do the hard work of governing. The MO of this administration.

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A simple algorithm will work.
Go by last name.
Rodriguez, Gonzales…names like that.

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19

Not counting Senator Cruz (R-TX) would be a hoot.
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.WW, PSHS

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20

Of course subject to the whims and fancies of a clown who interprets laws as he pleases from his chief perch.