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Index/Topics/Apportionment Based on Citizenship

Apportionment Based on Citizenship

The topic revolves around whether apportionment should be based on the number of citizens or the total number of persons in a state, including the historical and legal context, court decisions, and potential implications for representation.

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Jan 16, 2026
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What have courts said about citizen‑only apportionment and the constitutionality of excluding non‑citizens?

Federal courts and legal scholarship have consistently treated apportionment as tied to counting “persons” rather than citizens, grounding that rule in the Constitution’s enumeration and the long hist...