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.
Illegals are among the whole number of free persons, like it or not. However, an argument can be made that illegals fit under the Three Fifths Rule.
For Kirk to get what he wants, the Constitution must be amended to permit it.
And, in today’s environment of fluid definitions and Humpty-Dumpty lawyers, who is meant by “freeperson”?
To have not surrendered life, liberty and property to any man or a tyrannical government could fit.
[Yes, I am a fan of Locke over Jefferson]
By that definition, illegal asylum seekers are certainly not free but dependent on the US Government (CBP) for their life, liberty and property.
By that definition, I am a freeperson while my wife is not.
“Illegals are among the whole number of free persons, like it or not.”
Wrong.
They are Indians not taxed.