14th Amendment and Apportionment; Just read the Language and Ask a Few Questions; Keep it Simple, the Constitution was written for We the People
As with the previous discussion regarding the 14th Amendment, we have another crisis in the understanding of the words written in the Constitution, the intent and the purpose of the word Apportionment. This word is the backbone of the Republic for it determines the number of representatives for each State, and thus, the total number of Electoral College delegates from each State for the determination of the President of the United States.
In other words, Apportionment determines the division of power between the various parties based on the “population” of those counted. Per the 1828 Websters Dictionary, ‘the act of apportioning is dividing into just proportions or shares; a dividing and assigning to each proprietor his just portion of an undivided right or property.’
So, what is the undivided right or property? It is our representatives in the Halls of Congress. It is the division of the 435 seats in the House of Representatives based on the population of the individual States, in proportion to the population of the 50 States as a whole. This is the basic principle of a representative Republic. And this division of seats within Congress defines the power brokers.
How is this apportionment determined? There is a national census at least every 10 years, (Constitution Art 1; Sec 2; Para 3) conducted under the supervision of the Executive branch, via the Department of Commerce. It serves as an opportunity to get data regarding the makeup of the American population – sex, religion, original nationality. Questions are asked and answers are given. Yet, there is one question that is not allowed — Are you a citizen of the United States?
President Trump issued an Executive Order that the 2020 census would record the citizenship status of everyone. Justice Roberts and the four liberal justices said no, the question could not be asked. Let’s discuss this.
As discussed in a previous article, the purpose of the Law is to create ORDER, preventing CHAOS. The Founders and Framers of this Nation understood that premise, as that premise is called Natural Law. The simple proof of this statement is that the Framers demanded that the President be a Natural Born Citizen, the basic principle of Natural Law to ensure love of Nation, with the founding caveat that since there were no Natural Born Citizens at the time of the adoption of the Constitution, the President simply had to be a citizen at the time of the adoption of the Constitution (Art 2; Sec 1; Para 5).
In the Constitution (Art 1; Sec 2; Para 3), there were specific guidelines on whom would be counted in the census for Apportionment. ‘by adding to the whole Numbers of free persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons.’ (Provision changed in the 14th Amendment)
Everyone was to be counted; everyone was assumed to be in one of those groups. The first emphasis was on free persons which makes sense. The term included those that were bound to Service, if you will, “bound to Service” was another way to say indentured servants, the historical term. This group promised labor in return for the payment of transportation to the new country, one might think of it as having a home mortgage, one has the benefit of living in their home, but it must be paid in total at some future date. “Indians not Taxed” were excluded from the count, which will be addressed in detail and further explored. Finally, there were all others who were counted as 3/5’s, who were included in the count. These were the slaves living in each Colony at the time of the Constitutional Ratification.
One would think that the census workers asked questions to ensure the count was correctly placed in the correct group.
These four distinct groups formed the basis of determining the apportionment of the seats in the House of Representatives by State. Further, the number of Congressional representatives plus two Senators from each State determined the number of Electoral Delegates for Presidential Elections. This was a true compromise which allowed the voice of the less populated States to be heard in the election of the President.
The 14th Amendment removed the 2/3’s rule, as slavery had been permanently abolished. It also removed the “bound to service” criteria. This left two categories: the whole number of persons in each State and “Indians not taxed”. Therefore, per the words of the 14th Amendment, everyone was counted in the census except “Indians not taxed”. Seems like questions needed to be asked regarding citizenship – are you an Indian not taxed, are you related to Senator Liz Warren?
Let us change course just a bit. With regards to illegal immigration and the deportations, many have asked “What about due process?” “Do not those undocumented immigrants deserve due process?” “Amendment V of the Constitution states that no person shall be held to answer for a capital, or otherwise infamous crime, … without due process of the Law.”
Due process, due process, due process! Every argument concerning illegal aliens ends with “due process”. And naturally, we want to be fair, so many say yes, they are entitled to due process. But are they?
Is there a legitimate differentiation between those living freely and legally within the United States? Yes, it is the phrase Indians not taxed! ‘Indians not taxed’ highlights a distinct legal group of people living in the United States. Yes, they were subject to the Laws, but even though they were here legally, they were not considered citizens of the United States, and therefore, they were not included in the apportionment process. And neither were ambassadors and foreign dignitaries included in the count.
Often overlooked in the discussion of the Constitution is the Preamble. Many say that it simply highlights ideas, that it has no legal standing, but it is indeed much more than that. It specifies for whom the Constitution is intended. It is intended for ‘We the People’.. It was not written for ‘We the World’! It was not written for ‘We the Illegal Immigrant’, it was written for ‘We the People’. And ‘We the People’ established ‘this Constitution for the United States of America”. It was not established for the world.
Now, the 2nd paragraph of the Declaration of Independence was written for all men, that their creator provided inalienable rights, of which there were five listed in the argument. But nowhere in the Declaration of Independence were these rights given to women, only men. Seriously, that is what the words say!!
But wait, that cannot be correct! And it is not. The term mankind includes men and women. The phrase “that all men”, includes men and women. Just like, in the Preamble, the term People means citizens. Why? When the Constitution was written, there were no citizens of the United States as formed under the Constitution. Once the Constitution was ratified, those PEOPLE were now citizens. Further, later in the Constitution, it specifies that “Indians not taxed” were not included in the Apportionment of the seats in Congress, therefor Indians not taxed were not considered citizens.
Words have meanings and most often, the meanings are in plain sight, unless one wishes to twist the meaning to achieve an outcome. And yes, that is what many do. Most often, the initial meaning of the word is the actual meaning. When one first reads the Constitution, ‘We the People’ meant the citizens, it did not mean the world, for the United States of America is the only Nation governed by the Constitution.
One might ask, were all people in the Colonies considered to be citizens when the Constitution was ratified? The answer is yes, but there were obvious people omitted; as in foreign diplomats and yes, Indians not taxed. One had to have sole allegiance to the United States to be considered a citizen of the United States. That is one of the principle arguments in the discussion regarding birthright citizenship.
Was there illegal immigration in the late 1860’s during the period that the 14th Amendment was ratified? No, there was not, for whomever got to the shores of America was looking for a new life. There was no welfare; there were no government grants; there was only assimilation into the society, wait the required period of time while demonstrating the ability to earn money; and then apply for citizenship through the federal naturalization program.
It was during the centennial period of the Nation that laws were passed to limit immigration, the first being the restriction of Chinese and with that, there was a punishment for violating the statute. Those that violated the restriction were deemed illegal and sent home.
The Preamble to the Constitution is key to understanding Birthright Citizenship and Apportionment. Only citizens can have children who are deemed citizens, and only citizens can be counted to divide the House of Representatives. And only citizens can vote.
The Constitution of the United States belongs to the citizens of the United States. We need to keep it that way.
Please contact your Congressional Representative and demand that they authorize a new census which solicits citizenship status, in such Manner as they shall by Law direct. (Constitution Art 1, Sec 2, Para 3).
Tom Weaver, PATRIOT ©8/4/25
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