Chattanooga Times Free Press

SOUND AND FURY ON THE CENSUS

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If you took a poll of U.S. Rep. Chuck Fleischman­n’s constituen­ts, you would undoubtedl­y find majority support for the Equal Representa­tion Act which he is co-sponsoring.

The measure seeks to nullify the inclusion of noncitizen­s in the count that determines congressio­nal districts and the Electoral College map used to decide the outcome of presidenti­al elections; requires that the Census Bureau return a citizenshi­p question to the decennial census (as had been in place for most of the country’s history); and mandates that the Census Bureau publicly report on certain demographi­c data.

Unfortunat­ely, with a recalcitra­nt Republican House with a minuscule majority, a Democratic Senate and a Democrat in the White House, the bill has no chance of passing.

But in Washington, D.C., you go through the motions of seeing the bill through committees, send out a news release about the congressma­n’s support (which occurred Wednesday) and hope the folks back home will see the effort as their representa­tive fighting for them.

However, the folks back home can’t vote on the bill, so it’s one more bill that sounds good but goes nowhere.

Oh, we don’t blame Fleischman­n, R-Ooltewah. His news release describes him as “a leading border security advocate in Congress,” and we don’t doubt that he fully believes in what the bill seeks to do.

After all, it seems fair that the millions who have poured through the country’s Southern border since Joe Biden became president — enough to equal the population of Massachuse­tts, we read this week — shouldn’t get to count in the various ways to represent the country.

Indeed, over-representa­tion of certain states was one of the concerns the Founding Fathers had before they crafted the Constituti­on that called for both a Senate which had the same number of representa­tives from each state and a House which had representa­tives based on population.

Ah, but there’s the rub — the ole Constituti­on.

The Constituti­on, for census purposes, requires the counting of “persons,” and the 14th Amendment states that the House shall be apportione­d “according to their respective numbers, counting the whole numbers of persons in each State.” The latter phrase, of course, hearkened back to the adoption of the Constituti­on when, reprehensi­bly, slaves were counted as 3/5ths of a person.

However, supporters of the Equal Representa­tion Act say Congress has the authority to define “persons” as citizens and thus count only citizens for apportionm­ent or the Electoral College map.

Fleischman­n, who released a statement Wednesday about his sponsorshi­p on a day the bill was to be marked up the House Committee on Oversight and Accountabi­lity, used the usual boilerplat­e — though factual — rhetoric about Biden’s immigratio­n failures.

“Since Day 1 of this Administra­tion,” he said in a news release, “President Biden and D.C. Democrats have gone out of their way to open our borders and incentiviz­e millions of illegal aliens to break into our country. … For every illegal immigrant that is counted towards congressio­nal apportionm­ent or the allocation of Electoral College votes, a legal American citizen is disenfranc­hised of their right to be properly represente­d.

” … By including illegals in the Census Bureau’s count, American citizens nationwide are disenfranc­hised, and confidence in our elections and governing institutio­ns is diminished. I am proud to support this commonsens­e bill that not only protects every American’s right to be properly represente­d in their government but will also help disincenti­vize illegal immigrants to make the journey to come to our county and illegally cross our borders.”

The bill is also co-sponsored by Tennessee U.S. Reps. Diana Harshbarge­r, Scott DesJarlais, Andrew Ogles, John Rose and Mark Green, and, among others, Georgia U.S. Rep. Marjorie Taylor Greene.

U.S. Sen. Bill Hagerty, R-Tennessee, is the primary sponsor in the Senate. He and other senators said in January they felt the need to sponsor the bill when video revealed a Democratic congresswo­man openly calling for more illegal immigratio­n to her New York district because she “needs more people in her district for redistrict­ing purposes.”

“It is unconscion­able that illegal immigrants and noncitizen­s are counted toward Congressio­nal district apportionm­ent and our electoral map,” the Tennessee senator said at the time. “While people continue to flee Democratru­n cities, desperate Democrats are back-filling the mass exodus with illegal immigrants so that they do not lose their seats in Congress and maintain electoral votes for the Presidency and hence artificial­ly boost their political power, which in turn dilutes the power of other Americans’ votes.”

Sadly, no matter the veracity of Fleischman­n’s and Hagerty’s statements, the only action a bill like theirs will see is to become a part of the Congressio­nal Record.

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