California is taking the Trump administration to court

We knew this was coming.

Breitbart reports that California officials are legally challenging President Donald Trump’s memorandum to stop illegal aliens from being counted for the purposes of congressional apportionment. 

A lot is on the line, and no one is hiding it

California is one of those states that has a lot to lose if the president’s memorandum goes into effect.

According to Breitbart, California has the largest illegal alien population in the country at 2.2 million, which is enough to give the state at least one more congressional seat than it deserves. And, Breitbart reports that “all of California’s foreign-born population and their minor children give the state 11 congressional seats that it would otherwise not have.”

Given these facts, it is no surprise that California is the state to challenge the president’s memorandum. What is surprising though is that, in court documents, attornies for the state made no attempt to hide the fact that California gets extra congressional representation from its illegal population.

“The Memorandum and the exclusion of undocumented immigrants from the census apportionment count will likely cause Plaintiffs to lose one or more seats in the U.S. House of Representatives and, consequently, one or more electors in the Electoral College,” the court filing reads.

A preview

What the case will come down to is whether or not Trump as president has the power to define who is and who is not counted for the purposes of determining congressional apportionment.

That is what the memo does: it clarifies that only American citizens are to be counted on the ten-year census. Clarification is needed because, although the Constitution requires a determination of each states’ population for the purposes of apportionment, the Constitution does not state who is to be counted.

Right now, everybody is counted, including illegal immigrants, which means that Americans in those states that have large illegal immigrant populations – such as California or Florida – are overrepresented.

Looking to the future

There are various possible reasons why the Founders left this part of the Constitution vague. But, the fact is, as California demonstrates, this vagueness, in today’s America, has resulted in the inaccurate representation of Americans.

Breitbart has reported that “excluding all non-citizens, including illegal aliens — in congressional apportionment, would shift political power away from coastal states to middle America.”

That would be a massive shift in political power, which is why California’s legal challenge is so important. If the judicial system allows the president’s memorandum to stand, then we are looking at an entirely different House of Representatives and an entirely different Electoral College. We welcome this change, and along with it the better representation of Americans.

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