What's Happening?
U.S. Rep. Andrew Clyde, R-Ga., introduced H.R. 10377, the Make Apportionment Great Again (MAGA) Act, on September 15, with 42 Republican co-sponsors. This legislation proposes a significant change to how congressional seats are allocated among states
by excluding non-U.S. citizens from the population count used for apportionment. The bill has been referred to the House Judiciary Committee and the House Committee on Oversight and Government Reform. Under the proposed act, the U.S. Department of Commerce would utilize existing 2020 Census data and government records to generate revised state population totals that only include U.S. citizens. This recalculation would not necessitate a new census. The current method for congressional apportionment, as outlined by the Census Bureau, includes all residents, both citizens and non-citizens, in a state's total population, asserting that voting eligibility is not a prerequisite for inclusion in this count. Clyde argues that U.S. elections and representation should exclusively benefit American citizens.
Why It's Important?
This legislation carries substantial implications for the distribution of political power and representation across the United States. By altering the basis of congressional apportionment to exclude non-citizens, states with larger non-citizen populations could see a reduction in their number of U.S. House seats and, consequently, their Electoral College votes. This shift could disproportionately affect states with significant immigrant communities, potentially leading to a reallocation of political influence towards states with higher citizen-only populations. The debate also touches upon the interpretation of the 14th Amendment, which states that representatives are apportioned based on the 'whole number of persons in each State.' Clyde's proposal challenges this long-standing interpretation, arguing for a citizen-centric approach to representation. The outcome of this legislative effort could redefine the demographic basis of American democracy and impact future federal elections.
What's Next?
The MAGA Act, H.R. 10377, has been referred to the House Judiciary Committee and the House Committee on Oversight and Government Reform for consideration. If passed, the bill would require the Secretary of Commerce to complete the revised citizen-only population count by January 31, 2027, with a possible extension until March 31, 2027. Following this, the President would submit a revised allocation of U.S. House seats to Congress, intended to take effect before the 2028 elections. The legislation also mandates that the 2030 Census and subsequent decennial censuses include questions to identify the citizenship status of each household member, with state-level totals made public. The bill anticipates potential legal challenges by establishing an expedited review process, where cases would be heard by a three-judge federal district court panel, with direct appeal to the U.S. Supreme Court. The bill had not received a House vote as of September 23.
Beyond the Headlines
The 'Make Apportionment Great Again Act' delves into fundamental questions about national identity, citizenship, and the principles of representation in a diverse society. Beyond the immediate political and demographic shifts, the legislation could ignite a broader societal discussion on who constitutes 'the people' in a representative democracy and whose voices are counted in the allocation of political power. The proposed changes could also exacerbate existing political polarization, particularly concerning immigration policies and the rights of non-citizens. Furthermore, the bill's requirement for future censuses to collect detailed citizenship data could raise privacy concerns and potentially impact participation rates among immigrant communities, regardless of their legal status. The legal challenges anticipated by the bill itself highlight the deep constitutional questions surrounding the interpretation of 'persons' in the 14th Amendment, potentially leading to a landmark Supreme Court decision that could reshape the future of U.S. electoral politics.
