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The constitution specifically says the census is a count of all "free Persons", not only citizens. Obviously SCOTUS will weigh in now, but I think it's importan
by jimktrains2 6y ago
The constitution specifically says the census is a count of all "free Persons", not only citizens. Obviously SCOTUS will weigh in now, but I think it's important to realize the actual wording of what the census is.
- kevinmchugh 6y ago14th amendment drops the "free"
- jimktrains2 6y agoWhile also striking the 3/5 compromise, so I don't think it changes the reading.
- cafard 6y agoIt uses the term "free Persons" but the context is "their respective Numbers, which shall be determined by adding to the whole number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons". So "all other Persons", i.e. slaves, were counted.
- jimktrains2 6y agoWell, the 3/5 compromise has been removed, but even still are you arguing that immigrants aren't people or aren't free, i.e. not slaves.
- deleted 6y ago[deleted]
- Broken_Hippo 6y agoPrisoners aren't free, but they still use infrastructure and I'm pretty sure they are supposed to be counted in the census.
- jimktrains2 6y agoThey are, because they are free in that they are not slaves. Prisoners still have a plethora of constitutional rights.
- Broken_Hippo 6y agoThe amendment against slavery excludes prisoners: Sometimes, they are, indeed, slaves. And yeah, they have rights. But they don't have the right to freedom as we know it nor do they have the right not to be slaves.
- jimktrains2 6y agoYou act as though there is a single freedom, which is not the case by any means. The amendment carves out specific exemptions for prisoners for certain things, but that doesn't make them chattal slaves, nor does it remove the rest of their rights, e.g. cruel and unusual punishment, ability to have representation, or have their speech curtailed.
- Broken_Hippo 6y agoI'm not sure who would classify prisoners as free, though. Classifying prisoners as free is warping what most folks would consider free. You can have rights and not be free. POW's are supposed to have certain rights, too, but that's hardly free. You can have rights without being free. Not being chattal slaves doesn't make you free either, nor does it mean you aren't a temporary slave. In general, folks would agree that if you are in a situation where you are forced to eat at certain times, possibly only use toilets or showers at certain times, can be used as labor with little to no pay, and can never roam freely at the behest of armed guards that can shoot you, you aren't free. The main exception to some of this is military, but for now, this is something folks choose and some countries' soldiers are more free than the ones in the states.
- jimktrains2 6y ago
- CyberRabbi 6y agoYour interpretation would imply they intended non-citizen native Americans to be counted in the Census.
- jimktrains2 6y agoThe original text and the 14th amendment both excluded untaxed indians from the apportionment for the house of representatives. So, they could ask to be counted, but there is no mandate to count them.