Thread: Prop. 77's immigration angle in CA

http://www.ocregister.com/ocregister/op ... 738842.php

Monday, October 31, 2005

Prop. 77's immigration angle
Illegal immigrants distort the value of voters in districts where they live

By Ken Masugi
Ken Masugi is Director of the Center for Local Government of the Claremont Institute. His latest book, co-edited with John Marini, is "The Progressive Revolution in American Politics and Political Science."

Illegal immigration is on the ballot in the Nov. 8 special election.

How so?

Because redistricting reform is the purpose of Proposition 77, and illegal immigration is most assuredly a major cause of the current corrupt formation of political districts.

The illegal-immigrant population decisively affects the way districts are drawn. Political districts, the Supreme Court told us over 40 years ago, must be drawn strictly according to population, which includes all persons, not just voters, and not just citizens.

The result is that in districts whose populations are swelled by illegal immigrants, comparatively fewer voters become responsible for electing their representatives, whether in Sacramento or Congress. An inner-city area that includes illegal immigrants can be compact, easily drivable, and, of course, ethnically homogenous. Population density enables the creation of safe districts for Democrats. Inhabitants don't need to vote to be useful to the Democrats.

Moreover, this trend may increase. Because census numbers result from a head count conducted by a census taker, and many illegal immigrants presumably try to avoid contact with anyone from the government, therefore illegal immigrants are undoubtedly undercounted. It follows that many liberal interest groups favor a different method for counting the population – one of various statistical sampling techniques that would not require an actual headcount. These methodologies may, of course, result in overcounting illegal immigrants.

Why haven't the dogs barked on this aspect of redistricting reform? In fact, both parties benefit in various ways. Population numbers in schools and local government districts buy government dollars, after all. But systematic voter fraud is the subject for a different day, as is the vile Republican assistance in the creation of majority-minority districts. (The ensuing segregation and the diminished need to campaign for Latino votes have done more to hurt Republican attempts to secure Latino votes than support of Prop. 187 more than a decade ago.)

While the Constitution initially appears to be an obstacle to reform of illegal-immigrant inflation in political districts, in fact it facilitates reform and even mandates it.

The Constitution requires that all persons be counted, and illegal immigrants are persons. The notorious illustration of this point was the great American dilemma in which "other persons" – i.e., slaves – were counted as three-fifths of persons, thus increasing the power of the slave states in the House of Representatives. (Counting them as equals of whites would, of course, have inflated the pro-slavery representation even more.) Slavery, the great injustice of American history, foreshadows the injustice of illegal immigration in the formation of political districts.

Once again, in the 21st century, Americans have preferred the wealth brought about by cheap labor, and cheaply acquired ethnic-bloc voters, to adherence to self-government. It required the Civil War for America to address its original sin in choosing wealth and tyranny over the principle of government by consent.

But we Californians today need neither a Civil War nor constitutional amendments to deal with the current injustice. Prop. 77 takes control of redistricting away from the Legislature and gives it to a panel of retired judges, who could boldly form districts to take account of the illegal-immigrant population so that the principle of equality would triumph over political opportunism. Moreover, Congress could pass legislation enforcing the 14th and 15th Amendments, to assure that equality of representation is not violated and that votes are not being diluted by unequal redistricting inflated by illegal immigration.

Illegal immigration is imposing a new three-fifths-clause blotch upon our nation. Illegal immigrants need to count, as slaves should have, as zero persons for purposes of drawing political districts. Let the politicians who defend the current arrangements justify counting illegal immigrants.

Illegal immigration undeniably contributes to the current, corrupt redistricting scheme. Outraged citizens can protest this injustice through a vote for Prop. 77.

As a stopgap measure, I'd heartily endorse Prop 77. Thinking through the implication inherent in the 14th Amendment, to its logical conclusion, it becomes clear that a congressional district now requires only ONE citizen. All the rest could be illegal aliens. I'm sure the originators of the 14th Amendment never envisioned tens of millions of illegal aliens, so many that representative elections are impacted. The ultimate solution of course is a change to the 14th Amendment limiting formation of districts based on resident legal citizens. Perhaps most here already are aware but if not, here's just the amendment that's needed, proposed by Candice Miller, Michigan 10th District Representative. What's puzzling here is this proposed amendment has languished for a long time and congress has taken absolutely no action on it. To me, it's simply the American way. It should be a slam dunk for anyone who truly wants our republic to continue.


No Congressional Representation for Illegal Aliens
Congresswoman Proposes Amendment to United States Constitution
WASHINGTON - United States Representative Candice Miller today announced a bold proposal to change the way Congressional Districts are apportioned to the various states. The Congresswoman is calling for an amendment to the United States Constitution to ensure only legal citizens of the United States are counted and considered when Congressional Districts are allocated.

"I find it absolutely outrageous that people who are not in our country legally are having such a profound impact on our political system," Miller said. "Every 10 years the census determines the number of Congressional districts allocated to each state and how those districts are drawn. If we continue to include illegal aliens in that count, we'll allow non-citizens to steal the Congressional voice of Americans. This is about fundamental fairness and the American ideal of `One Man; One Vote."

Congresswoman Miller has formally introduced the proposal on the House floor. It will now be referred to the House Judiciary committee.

Editor's Note - The United States Constitution's 14th amendment specifically requires all "persons" of a state be included. Currently, illegal aliens count as "persons" for this purpose. Congresswoman Miller is proposing to change that language to "citizens". Source