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The 14th Amendment Remedy for Illegal Immigration.

Updated: Aug 14


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The problems beset upon us conservatives seem insurmountable at times. We are flooded with tens of millions of illegal immigrants, they are supported and encouraged by the democrat states to vote, to work, to receive welfare and federal and state services. Our constitution seems to work against us as it proscribes 'persons' to be counted in our census and count towards presidential electors and in the creation of congressional districts. There are big decisions coming soon from our Supreme court, (SCOTUS) that will clarify whether these illegals bodies in our nation are indeed citizens and whether they are indeed person to be counted in the creation of congressional districts and to influence presidential electoral votes as well.

But here in this piece I want to point out there is already a remedy available in the 14th amendment that directly targets this question, and offers a simple and plain remedy to the abridgment of our voting rights. The violation of our voting rights that stem from illegal immigration. Maybe we try a big constitutional remedy for the huge problem of illegals diluting the voting power of US citizens.

14th Amendment provides a remedy for correcting this problem.


Comment on apportionment. The rules for congressional apportionment are stated in Section 2 of the 14th Amendment. The full text of Section 2 is:


"Section 2: 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.

But when the right to vote at any election for the choice of electors for President and Vice President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States, or (is) in any way abridged,

except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State. "


1) WHAT THE 14TH APPLIED TO -

Let's take a look at the above phrases from the 14th Amd, section 2 and break them down. The 'qualifier' indicates what elections the right to vote applies to. Here it says the 14th Amd. applies to elections...


"for the choice of electors for President and Vice President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof,

This describes what elections the 14th Amd applies to. Election for President, VP, Congress, State officers and State Legislatures. The purpose was to ensure the southern democrat former slave states, who were just defeated in the Civil War, (1860-1865 / 700,000 dead) would not violate the voting rights of the newly freed enslaved African/Americans.


The US Government as in the 1868 congress, intended to make sure the defeated southern democrat states would now allow newly freed black males of age to vote in federal and state elections. And indeed the US government had to invade southern states and station federal troops and agents for many decades after to enforce the 1868 14th Amd upon those states. Not too dissimilar to using federal troops to protect DC today. One difference is back then President Lincoln had just been eliminated and this was the 1868 congress acting to protect the constitutional voting rights of citizens. Now by the grace convenance our President has escaped Lincoln's fate and is leading the charge to protect our voting rights.


Note: SCOTUS has signaled they will soon strictly apply the 14th amendment to the drawing congressional districts. They intend to remove race as a consideration in any redistricting maps., as the 14th demands no race discrimination in voting rights. I will write more about this in late August 2025.


2) WHO THE 14TH APPLIED TO -

And here is to whom the 14th Amendment applies:

..to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States..

So according to the 14th Amd. any male inhabitant of a state, that is 21 years or older, and a citizen of the united states is protected by the14th Amd. That's it. Not people who were born here of alien parents, not imported workers, not the children of foreign diplomats, not non citizens who pop in to deliver a child. And because women were not voting at this time, not white women, not black women, but that group was included by the 14th Amd. to be counted in the census as 'persons'. Which meant the women of America were counted for the purpose of census, and apportionment which meant the number of congresspeople, the number of presidential electors, the number of counties. So American girls and ladies got some respect and were nevertheless counted.


4) How Does the Electoral College Vote Work In Relation to Illegal Immigration

Each state is allocated a number of electors equal to its total congressional representation (the sum of its U.S. Representatives plus its two Senators). The District of Columbia also has electors (equal to the smallest state’s allocation, currently 3).

There are 538 total electors nationwide (435 Representatives + 100 Senators + 3 for D.C.), and a candidate needs a majority (at least 270) to win the presidency. (Grok)


And so if California floods in 10 million Illegals, that increases the the number of 'persons' according to the 14th Amd. and that 10 million becomes 11.7 new congressional seats in CA. And because CA is a winner take all electoral state that number of illegals increases CA electoral votes by 11 to a total of 54. 11 of those presidential electoral votes are based on illegal immigration. Thus our voting rights are being abridged and diluted by 22 %.


3) WHAT IS THE REMEDY FROM THE 14TH?

Here is the Remedy straight from the 14th Amd.

"But when the right to vote at any election (qualifiers)  is denied to any of the inhabitants of such State or in any way abridged - the basis of representation therein shall be reduced in the proportion which the number of such (male) citizens shall bear to the whole number of (male) citizens twenty-one years of age in such State.


The 14th says: 'But.. when the right to vote is denied, or in any way abridged'.

Our point here is, when 50 million non citizens, illegal alien, foreign nationals invade our borders, the are abridging our voting rights. These alien invaders distort and sque the apportionment for congressional power. That is abridging our right to choose congressional representatives because these non citizen bodies in blue states and blue districts illegally add blue congresses members, and illegally add presidential electors.

The Amendment says only males who are 21 and are citizens of the United States may vote, and that if any state in any way abridged our voting rights there is a remedy.


States that allow, encourage, finance, support and harbor illegal aliens are violating the 14th Amd. because these illegals are abridging the voting rights of citizens




4) Cole’s proposal and remedy to illegals:


Here I propose a constitutional remedy to the democrat scheme of flooding in, supporting, and harboring 50 million illegals immigrants to the USA. These immigrants are diluting and abridging the voting power of citizens. Not only are illegals voting in massive numbers, with the aid of democrat election machinery, but are adding 50-70 democrat seats in congress and the presidential electors are also being skewed in favor of democrat cities, districts and states. This runs afoul of Section 2 of the 14th amendment which states… “when the right to vote at any election…is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, the basis of representation therein shall be reduced in the proportion…in such State.”


5) Implementation

A member of congress may introduce a bill to further enforce this existing provision of the 14th Amd. Claiming the importation of million of illegal aliens is 'Abridging' the voting rights of US citizens. Against the specific prohibition of the 14th. And that the remedy is to

Or an official of a particular state may bring a Federal suit to enforce the 14th Amendment claiming their voting rights are being 'Abridged' in violation of the 14th. And the remedy proscribed in the14th Amd. Section (2) is: ...those states "shall have the basis of their representation reduced", and according to the 14th Amd, ... "shall be reduced in the proportion in such state"

Thus in CA for instance, the state would lose 11 Congressional districts and also lose 11 presidential electors. And these congressional seats and electors would primarily be democrat.

6) Conclusion

And so the remedy already exists,  in the 14th amendment. Since illegals are adding 60 congressional seats to congress, those states to paraphrase the 14th, "...Shall have their apportionment votes reduced by the same number of illegal residents". Done.


Of course the democrats will decry the loss as racists, as fascist, even Hiltarian, and we can point out it's the 14th amendment. The southern slave state democrats didn't like the 14th when it was passed in 1868, and they still do not like it.


The drafters of the 14th Amendment were the winning side of the Civil War. That conflict accomplished the following:

a) The end of slavery in north America.

b) Ended the dissolution of our nation. The Union was preserved .

c) The line of descent from our US Constitution was preserved.

d) The southern democrat slave states were brought by force, back into the Union of States.

f) Federal supremacy was enforced over the states.

The congress of 1868 crafted the 14th to support voting rights for all 'citizens' including the enslaved peoples of the democrat south. The actual drafter of the 14th, Senator Howard stated clearly in his notes on the 14th .. "the 14th of course shall not apply to foreigners", and only to those citizens...." subject to the jurisdiction (of the US) thereof".

And so the congress of 1868 provided a legal remedy for violations of the 14th Amendment. We can utilize it now, to again save our nation.

 
 
 

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Thomas Cole JD
Montecito, CA 

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