The Equal Representation Act, or S.2205, is a proposed law that aims to change how the United States counts people for political representation. It suggests that only U.S. citizens should be counted when deciding how many seats each state gets in the House of Representatives and the Electoral College.
What This Bill Does
The Equal Representation Act would change the way the U.S. Census is conducted starting in 2030. The census is a nationwide survey that counts every person living in the United States every ten years. This bill would add a new question to the census asking whether each person is a U.S. citizen.
Once the census is completed, the government would have to publish the number of citizens and non-citizens living in each state within 120 days. This means that everyone would be able to see how many citizens and non-citizens live in each state.
The most significant change would be in how the government decides how many seats each state gets in the House of Representatives and the Electoral College. Right now, this is based on the total number of people living in each state, including non-citizens. If this bill becomes law, only U.S. citizens would be counted for this purpose.
The bill also includes a "severability" clause. This means that if a court decides one part of the bill is illegal, the rest of the bill could still become law.
Why It Matters
This bill could have a big impact on political representation in the United States. States with large numbers of non-citizens might lose seats in the House of Representatives and Electoral College votes. This could change which states have more influence in Congress and presidential elections.
For everyday Americans, this could mean changes in how much political power their state has. It could also affect how federal funds are distributed, which could impact things like school funding, healthcare, and infrastructure projects in their communities.
Key Facts
- The bill would first apply to the 2030 census and all future censuses.
- It requires the publication of citizen and non-citizen counts within 120 days after each census.
- States with high non-citizen populations could lose political representation.
- The bill is currently at the "introduced" stage in the legislative process.
- There is no official cost estimate yet, but changes to the census could increase administrative expenses.
- The bill includes a severability clause to protect parts of the law if others are struck down.
- The proposed changes could affect the distribution of federal funds based on population data.
Arguments in Support
- Supporters believe that political power should reflect the number of citizens, not just residents, to ensure fair representation.
- They argue that adding a citizenship question will provide better data for making policies and enforcing laws.
- Supporters note that asking about citizenship is common in other countries and in some U.S. surveys, so it should be manageable.
- They emphasize that the bill promotes transparency by requiring public release of citizen and non-citizen counts.
Arguments in Opposition
- Opponents worry that a citizenship question could discourage non-citizens and mixed-status households from participating in the census, leading to inaccurate counts.
- They argue that excluding non-citizens from apportionment could unfairly shift political power away from states with large immigrant populations.
- Critics warn that the bill could face legal challenges, as the Constitution currently requires counting the "whole number of persons."
- They express concern that undercounts could affect federal funding for essential services in communities with many non-citizens.