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The Constitution establishes the principle of equal representation. But does equal representation extend to non-citizens?
In Lepak v. City of Irving, the state of Texas had reapportioned districts by including non-citizens, thus creating some districts with many fewer eligible voters than others. This has effectively created a situation in which the votes in some districts are weighted twice as heavily as the votes in other districts (since non-citizens cannot vote).
This problem is particularly acute in border states which suffer the most from illegal immigration. In the brief, CCJ argues that the Founders set out a rule for proportional representation in the House of Representatives, but that representation was focused on citizens—members of the polity. If the Constitution requires an equal population in each city council, school, and legislative district, the relevant population is that of citizens.
Read the full brief here:
Lepak v. Irving, Amicus Brief
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