H.J.Res.37 - Proposing an amendment to the Constitution of the United States to provide that Representatives shall be apportioned among the several States according to their respective numbers, counting the number of persons in each State who are citizens of the United States. (119th Congress)
Summary
H.J.Res.37 proposes a constitutional amendment to change how representatives are apportioned among states. Currently, apportionment is based on the total number of persons in each state. This resolution seeks to change that to only count the number of citizens in each state.
If ratified, this amendment would alter the composition of the House of Representatives. States with large non-citizen populations could lose representation, while states with primarily citizens could gain representation.
The resolution requires a two-thirds vote in both the House and Senate and ratification by three-fourths of the state legislatures within seven years to become effective.
Expected Effects
The primary effect of this amendment, if ratified, would be a shift in political power among the states. States with large non-citizen populations (legal or otherwise) would likely lose seats in the House of Representatives.
Conversely, states with a higher proportion of citizens would likely gain seats. This could lead to significant changes in federal policy and resource allocation.
This shift could also affect presidential elections, as the number of representatives each state has also impacts the number of electors in the electoral college.
Potential Benefits
- Potentially strengthens the representation of citizens' interests in the House of Representatives.
- May incentivize states to encourage citizenship.
- Could lead to a more accurate reflection of the citizen population in federal policy.
- May reduce the influence of non-citizens on federal elections and policy decisions.
- Could address concerns about the impact of illegal immigration on political representation.
Potential Disadvantages
- Could disenfranchise non-citizens who contribute to the economy and society.
- May lead to underrepresentation of states with large immigrant populations.
- Could create administrative challenges in accurately counting citizens.
- May face legal challenges based on equal protection arguments.
- Could exacerbate political divisions and tensions related to immigration.
Most Disadvantaged Areas:
Constitutional Alignment
The proposed amendment touches on Article I, Section 2 of the Constitution, which deals with the composition and apportionment of the House of Representatives. The 14th Amendment, Section 2, also addresses apportionment, reducing representation for states that deny the right to vote to any male inhabitants (except for participation in rebellion or other crime).
The proposed amendment does not directly contradict any existing constitutional provision. However, its potential impact on equal protection and representation could raise constitutional questions.
Whether it aligns with the spirit of the Constitution is debatable, as the original intent was to represent all inhabitants of a state, not just citizens.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).