The relevant law is:
Section 2 of the
14th Amendment amended Article I, Section 2 to include that the "respective Numbers" of the "several States" will be determined by "counting the whole number of persons in each State, excluding Indians not taxed.”
https://en.wikipedia.org/wiki/United_States_Census
So the constitution says "persons in each state" which is the same as people; however the Constitution also says ".. the rights of the people to keep and bare arms shall not be infringed" and many still argue over whether "people" in this case is referring to the militia or individuals. The law currently interprets "people" in the 2nd amendment to mean citizens as we don't allow non-citizens to buy legal guns, so the wording "people" isn't foolproof.
If I were to to put my Judge hat on, I think it comes down to one major point. Slaves were included in the original census, although "The Federal Constitution stipulated that a slave-counted as three-fifths of a person for purposes of taxation and apportionment of the House of Representatives." Since slaves were not counted as citizens (and wouldn't be until 1866), but still included in the census, it could and should be argued that non-citizens today should also be counted.
but I suspect the decision will be 5-4 along party lines as they all seem to be.
Read and share the complete text of the United States Constitution.
constitutioncenter.org
Constitution list 3 groups.
Persons, people, citizens
Person is the easy one.
Constitution makes a clear distinction that citizen is different than person. Person is accepted as "Human"
Every single human on the planet is a "Person"
If a Canadian decides to cross the border and setup shop selling pancakes, the constitution considers him a "Person".
A tourist who is hanging out at McDonalds is classified as a "Person".
People is a class of Person that identify as part of our natural identity. Historically, you could look at this as reflecting the time when we did not think about trying to keep people out. The laws themselves basically laid it out. Prior to the 14th amendment, Mr Canadian who setup shop in selling Pancakes decides to buy some land next to his shop in upstate New York. In the early days of the US All he has to do to become a citizen is live in that house for 2 years. As time went on they'd up the residency requirement a bit but in a nutshell,
"The People" are residents of US territory.
Citizen is basically
a type of person who was either Born here or Naturalized though whatever process is available at the time.
Now review the Amendments and take special note on the language used and when.
First Amendment -
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; - >All persons
or abridging the freedom of speech, or of the press; - >All persons
or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. - > All residents of the US
Second Amendment
A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed. - >Applies to Residents of the US.
A Person has no right to cross the border to go gun shopping.
A Resident does therefor all Citizens enjoy that right
Third Amendment
No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.
-> All persons. If French McFuancy owns a vacation home in South Dakota because Covid chicks put out, the Army cvan't hijack his house.
Fourth Amendment
The right of the
people to be secure in their
persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the
persons or things to be seized.
Notice the mixed use here. Right of US residents to be secure in their own humanity and "stuff"
Fifth Amendment
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
-> All Persons. EVERYONE has this right.
Special note on the 17th as it basically adds in that who
17th Amendment
The Senate of the United States shall be composed of two Senators from each State,
elected by the people thereof, for six years; and each Senator shall have one vote. The electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State legislatures.
When vacancies happen in the representation of any State in the Senate,
the executive authority of such State shall issue writs of election to fill such vacancies: Provided, That the legislature of any State may empower the executive thereof to make temporary appointments until the people fill the vacancies by election as the legislature may direct.
This amendment shall not be so construed as to affect the election or term of any Senator chosen before it becomes valid as part of the Constitution.
That one get wacky since it state People (resident) instead of Citizen selecting a Senator. Rewason being is that at the time a state laws may not have required Governors to be citizens. Therefore, if wacky Canadians cousin crossed the border, built a house next door to his cousins pancake shop and on a whim tossed his name into the Governors races and won, he being a resident could pick a senator incase an existing Senator got stabbed with a meteorite.
Going back to Census
Original
Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to 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. The Number of Representatives shall not exceed one for every thirty Thousand, but each State shall have at least one Representative;…
Amended
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.
[4]
Then you get to the fun part
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 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. -> This is basically saying the Blacks males can vote too and don't screw around or else
26th Amendment
Section 1
The right of citizens of the United States, who are eighteen years of age or older, to vote shall not be denied or abridged by the United States or by any State on account of age.
Section 2
The Congress shall have power to enforce this article by appropriate legislation.
www.cnn.com
