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Congressman Mo Brooks

Representing the 5th District of Alabama

Brooks Fights for Equal Protection and Voting Rights for All Americans

March 28, 2019
Press Release

Washington, DC— Thursday, Congressman Mo Brooks (AL-05) testified before the House Oversight and Reform Committee  about exclusion of illegal aliens in the reapportionment of Congressional seats portion of the 2020 Census.

By way of background, Alabama is poised to lose a congressional seat, an electoral college elector, and its fair share of federal monies following the 2020 Census if illegal aliens are included in the 2020 Census reapportionment count that determines how many congressmen and electoral college votes each state has in presidential elections. Counting illegal aliens for purposes of reapportionment violates the 14th Amendment Equal Protection and “one man, one vote” rights of Alabama and American citizens. Congressman Brooks and the State of Alabama have filed litigation in the U.S. District Court for the Northern District of Alabama that challenges the Census Bureau’s practice of counting illegal aliens for purposes of reapportionment of Congressional seats and electoral college votes.

Click on the image above or HERE

for video of Congressman Brooks’ testimony

Congressman Brooks said, “The inclusion of the citizenship question on the next census is not only common sense, it is a Constitutional requirement! After the 2010 Census, illegal aliens were counted for reapportioning Congressional districts and electoral college votes. Hence, states that had fewer illegal aliens saw a shift of their political power to states that had more illegal aliens. Law-abiding states lost not only Congressional representation in Congress, they also lost electoral college votes that elect the president of the United States. I submit the citizenship power of citizens in low illegal alien count states was diluted as their Congressional seats and electoral college representation was disproportionately cut.”

Brooks concluded, “The counting of illegal aliens for reapportionment of political power purposes violates the 14th Amendment’s equal protection clause by unconstitutionally diluting the representative and political power of citizens who live in low illegal alien population states. In that vein, the United States Supreme Court has consistently upheld ‘one man, one vote’ principles that prevent the dilution of a citizen’s voting rights. It is an unconstitutional deprivation of 14th Amendment equal protection rights under ‘one man, one vote’ principles to count illegal aliens for the purposes of reapportionment of Congressional power and electoral college votes because, if illegal aliens are counted in the distribution of Congressional representation and electoral college votes, then some citizens votes are worth more, are more powerful, than votes of other citizens. That is wrong!”

Brooks concluded, “Alabama will likely lose a congressional seat and an electoral college vote if illegal aliens are included in the count for reapportionment of Congressional seats and electoral college votes. As such, the voting rights of Alabama citizens are illegally diluted and the equal protection rights of Alabama citizens, the ‘one-man, one vote’ rights of Alabama citizens, are unconstitutionally denied. In Alabama, we do dare to defend our rights. In that vein, the State of Alabama, represented by Attorney General Steve Marshall, and I, as an Alabama citizen and Member of Congress, last year filed suit in the Northern District of Alabama to challenge the counting of illegal aliens for the purposes of political power distribution. There are bills pending before this committee that relate to this issue. I urge the House Oversight and Reform committee to appropriately address them by defending the Constitution’s Equal Protection Clause and long-held ‘one man, one vote’ principles.”

 

Text of Congressman Brooks’ full testimony follows:

Chairman Cummings and Ranking Member Jordan:

Thank you for the opportunity to appear and share my insight.

I submit the inclusion of the Citizenship Question on the next Census is not only common sense, it is a Constitutionally required!

Section 2 of the 14th Amendment states: [quote] "Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed." [end quote]

Section 1 of the 14th Amendment states: [quote] “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”

This latter provision is the Equal Protection Clause.

After the 2010 Census, illegal aliens were counted for reapportioning Congressional districts and electoral college votes.  Hence, states that had fewer illegal aliens saw a shift of their political power to states that had more illegal aliens.

Law-abiding states lost not only Congressional representation in Congress, they also lost electoral college votes that elect the president of the United States.

I submit the citizenship power of citizens in low illegal alien count states was diluted as their Congressional seats and electoral college representation was disproportionately cut.

Similarly, the counting of illegal aliens for reapportionment of political power purposes violates the 14th Amendment’s equal protection clause by unconstitutionally diluting the representative and political power of citizens who live in low illegal alien population states.

In that vein, the United States Supreme Court has consistently upheld “one man, one vote” principles that prevent the dilution of a citizen’s voting rights. 

For example, you have “one man, one vote” principles applied in our own Congressional districts, wherein Congressional district populations must be as equal as possible according to the “as nearly as is practicable” standard, subject to deviation caused by “legitimate state objectives.”

Although there is no bright line test, Congressional districts that have a 1% or more deviation usually do not withstand Constitutional “one man, one vote” requirements and Congressional districts with deviations of less than 1% usually withstand Constitutional scrutiny.

Similarly, I submit it is unconstitutional deprivation of 14th Amendment equal protection rights under “one man, one vote” principles to count illegal aliens for the purposes of reapportionment of Congressional power and electoral college votes because, if illegal aliens are counted in the distribution of Congressional representation and electoral college votes, then some citizens votes are worth more, are more powerful, than votes of other citizens.

That is wrong!

Congressional districts with lower percentages of citizens (because of higher illegal alien concentrations) grant their citizens an unequal representative power when compared to citizens in districts with higher percentages of citizens and lower percentages of illegal aliens.

Alabama’s state motto is: “Audemus jura nostra defendere,” which translates into “We Dare Defend Our Rights.”

I am here today to defend the rights of Alabamians and all Americans whose voting rights diluted.

Alabama will likely lose a congressional seat and an electoral college vote if illegal aliens are included in the count for reapportionment of Congressional seats and electoral college votes. 

As such, the voting rights of Alabama citizens are illegally diluted and the equal protection rights of Alabama citizens, the “one-man, one vote” rights of Alabama citizens, will be unconstitutionally denied.

In Alabama, we do dare to defend our rights. In that vein, the State of Alabama, represented by Attorney General Steve Marshall, and I, as an Alabama citizen and Member of Congress, last year filed suit in the Northern District of Alabama to challenge the counting of illegal aliens for the purposes of political power distribution.

Also, there are bills pending before this committee that relate to this issue. I urge this committee to appropriately address them by defending the Constitution’s Equal Protection Clause and long-held “one man, one vote” principles.

I appreciate the opportunity to appear before you today.

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