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What legal hurdles could block Trump's census plans?
Legal experts say Trump's plan to exclude undocumented immigrants from the census faces significant constitutional and statutory challenges. The US Constitution mandates counting all residents, regardless of immigration status, for apportionment purposes. Courts have previously blocked attempts to add citizenship questions, citing the requirement to count everyone. Any effort to exclude certain groups could be challenged as unconstitutional and illegal.
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How does the constitution mandate counting residents?
The US Constitution, specifically Article I, Section 2, requires an actual enumeration of 'the whole number of persons' in each state. This means every person living in the US must be counted, regardless of their citizenship or immigration status. The purpose is to ensure fair representation in Congress and equitable distribution of federal funds. Excluding certain groups would conflict with this constitutional requirement.
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What are the arguments for and against excluding undocumented immigrants?
Supporters argue that excluding undocumented immigrants could protect the political power of citizens and prevent non-citizens from influencing representation. Opponents contend that it violates constitutional mandates and undermines the integrity of the census. They also warn it could lead to undercounting urban areas with high immigrant populations, skewing political representation and federal funding.
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How might this change affect future elections?
If such a census were legally conducted and used for apportionment, it could significantly alter the political landscape. States with large immigrant populations might see their congressional seats reduced, shifting power to states with fewer immigrants. This could impact electoral outcomes, redistricting, and the allocation of federal resources, potentially favoring certain political parties.
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Can the government legally exclude undocumented immigrants from the census?
Currently, the US government is legally required to count all residents, including undocumented immigrants. Any attempt to exclude them would require a constitutional amendment or a legal ruling overturning existing laws. Courts have historically upheld the requirement to count everyone, making exclusion legally very challenging.
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What are the potential legal consequences of trying to exclude undocumented immigrants?
Attempting to exclude undocumented immigrants could lead to lawsuits, court injunctions, and possible rulings that such actions violate constitutional protections. It could also result in political backlash and undermine the legitimacy of the census process, which is a foundational element of American democracy.