Fact Check: The 14th Amendment allows excluding noncitizens from census apportionment counts.

Fact Check: "The 14th Amendment allows excluding noncitizens from census apportionment counts."

What We Know

The claim that the 14th Amendment allows for the exclusion of noncitizens from census apportionment counts is rooted in ongoing political debates. The 14th Amendment states that congressional representation should be based on the "whole number of persons in each state" (NPR) and has historically included both citizens and noncitizens in apportionment counts. This principle has been upheld in various Supreme Court rulings, including the unanimous decision in Evenwel v. Abbott, which confirmed that apportionment must be based on total population, not just eligible voters (NPR).

Recent legislative efforts by Republican lawmakers have sought to change this interpretation, proposing measures to exclude noncitizens from the census counts used for apportionment. These proposals have faced significant opposition, with critics arguing that they violate the explicit language of the 14th Amendment (NPR, AP News). The historical context shows that since the first census in 1790, all residents, regardless of citizenship status, have been counted for apportionment purposes (NPR).

Analysis

The reliability of the sources discussing this claim is generally high, as they include reputable news organizations and legal analyses. For instance, NPR provides a detailed overview of the legislative proposals and the constitutional arguments against them, highlighting the bipartisan concerns regarding the implications of excluding noncitizens (NPR). The AP News article further supports this by explaining that the 14th Amendment explicitly requires counting all persons for apportionment, reinforcing the legal precedent that has been established over centuries (AP News).

Critically, while some Republican lawmakers argue that excluding noncitizens would ensure fair representation for citizens, studies indicate that the impact of including noncitizens in the census has been negligible in terms of shifting congressional seats or electoral votes (AP News). This suggests that the push to exclude noncitizens may be more politically motivated than based on substantial demographic changes.

Moreover, the historical interpretation of the 14th Amendment has consistently included noncitizens, and any attempt to redefine this would likely face significant legal challenges. The Supreme Court's previous rulings indicate a strong precedent for counting all residents, which would undermine the claims made by proponents of exclusion (NPR, AP News).

Conclusion

Verdict: False
The assertion that the 14th Amendment allows for the exclusion of noncitizens from census apportionment counts is incorrect. The language of the 14th Amendment clearly mandates the inclusion of the "whole number of persons" in apportionment counts, which has been upheld by historical precedent and Supreme Court rulings. Legislative efforts to change this interpretation face significant constitutional challenges and lack substantial support from demographic studies.

Fact Check: The 14th Amendment allows excluding noncitizens from census apportionment counts.