Third Party & Independents Archives

Texas TEA Party lawsuit against U.S. Census has merit

Now, I hope you’re sitting down, and brace yourself … I’m about to agree with some Tea Party members.

Three activists in the Texas ‘Tea Party’ movement have filed a federal lawsuit demanding that 2010 Census figures not be used in the state’s redistricting effort, claiming that since Census knowingly counts include illegal aliens, counting them as residents in redrawing political boundaries dilutes the voting rights of citizens and is a violation of the Voting Rights Act of 1965.

Kaaren Teuber of Van Alstyne, Texas is one of the three named plaintiffs in the lawsuit, and believes that a simple review by a court judge is not only necessary, but owed to the people of Texas and the United States. “We want a three-judge panel to take a look at it,” Teuber said.

Filed in the U.S. District Court for the Eastern District of Texas in the city of Sherman, the lawsuit names as defendants Texas Governor Rick “Secession is the only way” Perry, Lieutenant Governor David Dewhurst, the Speaker of the Texas House Joe Straus, Texas Democratic Party Chair Boyd Richie, Texas Republican Party Chair Steve Munisteri, U.S. Commerce Secretary Gary Locke and U.S. Census Bureau Director Robert Groves. The lawsuit charges them with violations of virtually every Texas election statute and voter identification law, state and federal redistricting rules, and hints at a conspiracy to commit massive statewide voter fraud.

“We want a fair process that follows all of the requirements of the law,” Teuber said.

The lawsuit claims that since the estimated number of illegal aliens differs so much from Congressional district to Congressional district that a citizen’s vote for Congress from the 23rd District, strretching across more than 600 miles along the Rio Grande and is estimated to contain hundreds of thousands of illegal aliens, has more elective power than a citizen’s vote for Congress in the state’s Fourth District, which aligns the Oklahoma border and contains a smaller number of illegal aliens.

“The Equal Protection Clause of the Fourteenth Amendment requires states to construct legislative districts that are substantially equal in total population,” the lawsuit states.As a result of the disparate number of illegal aliens in each district, “the strength of Plaintiff’s votes in the Fourth District might be diluted when compared with the citizens’ votes in the 23rd District.”

The lawsuit also claims that ‘the inclusion of undocumented aliens in the U.S. Census might have the purpose and effect of strengthening the Hispanic vote, and if so this practice could violate the equal protection and due process guarantees of the Fourteenth Amendment and Fifteenth Amendment to the United States Constitution, the Voting Rights Act, and the Texas Constitution.’

In testimony, the plaintiffs said this is literal pandering to illegals to swell vote counts in 2012, thereby creating a conspiracy to commit election fraud. They’re right. It is.

The lawsuit claims equal disparities will exist in other offices which are elected by district, including the State Legislature, the State Board of Education, and the Texas Railroad Commission — all favoring illegal aliens at the expense of legal citizens and taxpayers.

“We don’t feel that the process that was fair and we want a fair process,” Teuber said.”We want all the requirements of the law to be followed.”

The lawsuit demands that a three-judge panel be convened to declare ‘that the use of known inaccurate census data for purposes of reapportionment and redistricting in the State of Texas denies the Plaintiff’s rights as guaranteed by the United States Constitution and federal law,’ and demands an ‘adjustment’ of the 2010 census population to take into consideration the number of illegal aliens in the state.

There is no accurate count of the number of illegal aliens living in Texas, but the number is routinely estimated to be more than one million, growing by an estimated 1,750 per day. It is uncertain how the number of illegal aliens in each Congressional and state legislative district would be determined. Census collection contains no method to verify citizenship, and three attempts to include citizenship verification in the Texas Census have been defeated by Texas legislators. Similar efforts to incorporate mandatory proof of citizenship in the U.S. Census has been defeated routinely by the U.S. Congress, primarily at the hands of Republicans lawmakers, for several decades.

Constitutional lawyer and NYU law professor Samuel Issacharoff claims that the lawsuit must continue because Congressional apportionment (redistricting) isn’t the only use of the Census. Issacharoff says, “The census is done for all sorts of things, how many schools in an area, how many hospitals you need, how much police protection, fire coverage, paramedic service, libraries, etc. Issacharoff also says that people under 18 years of age, also included in the Census, don’t vote either, and therefore shouldn’t be included if the exclusion of illegal aliens succeeds.

What Issacharoff fails to grasp – or conveniently avoids – is that unless they are also illegal, those under 18 are (very wrongly, I feel) considered to be U.S. citizens and therefore entitled to representation by Congress. Adult illegal aliens have no such entitlement, according to the Constitution which is supposedly Issacharoff’s area of expertise. If a person isn’t eligible to vote, they should not be included in the formula used to determine how much power elected officials have.

The lawsuit also demands that current Congressional districts in the state be declared “unconstitutional and of no further force and effect.” As the lawsuit gains notoriety and momentum, it is gaining a commensurate level of opposition from Texas lawmakers and their federal cohorts.

Posted by Gary St. Lawrence at May 10, 2011 9:34 PM
Comments
Comment #323074

Stephen, it seems we are so used to the Constitution being abused it is the ‘new normal’ to make no comment or point it out when we see it.

The Constitution is something we might not miss much until we no longer have it.

Thanks, Stephen, for ‘commenting’ on this.

Posted by: Roy Ellis at May 10, 2011 10:11 PM
Comment #323075

You’re welcome, Phil.

Posted by: Gary St. Lawrence at May 10, 2011 10:24 PM
Comment #323077

GSL,

Excellent that you brought this topic up. Illegal immigrant should not count when determining apportionment. Now, if only we could amend the Constitution to align the Senate with the 14th amendment.

Posted by: Warped Reality at May 11, 2011 12:44 AM
Comment #323080

Too many Repubs want profits from cheap labor, and Dems want both the votes and profits from cheap labor.

It is despicable how many irresponsible incumbent politicians are pitting illegal aliens and American citizens against each other for profits and votes. But voters must like it, since re-election rates are so high for incumbent politicians who despicably pit U.S. citizens and illegal aliens against each other for profits and votes, disguised as compassion (severely misplace compassion at best).

At times, 70% of all new births (i.e. anchor babies) at Parkland Hospital in Dallas are by illegal aliens.

Despite the myths that we need illegal aliens to do jobs we will not do, illegal immigration costs an U.S. citizens and estimated $70 billion to $326.7 billion per year in net losses (not to mention the losses due to crimes that should have never happened).

At any rate, the majority of voters have the government that they elect, and re-elect, … , and re-elect, at least, possibly, until repeatedly rewarding failure, and repeatedly rewarding FOR-SALE, incompetent, arrogant, greedy, and corrupt incumbent politicians in Congress with perpetual re-election rates finally becomes too painful.

Posted by: d.a.n at May 11, 2011 9:00 AM
Comment #323081

Of course, anyone who opposes another shamnesty, like the one in 1986, which quintupled the problem, is a racist, xenophobe, and hyprocrite.

As for constitutional violations (some of the most obvious being unenforcement of illegal immigration laws and the blatant violation of Article V of the U.S. Constitution), that of course is only one of the ten major abuses on this top-ten-list that exemplify the moral and fiscal bankruptcy that is destroying the nation.

But again, the majority of voters must like it this way, since re-election rates are so high for incumbent politicians, and have been for a very long time (though they fell from 87% to 77% in the last 2010 federal election).

At any rate, the majority of voters have the government that they elect, and re-elect, … , and re-elect, at least, possibly, until repeatedly rewarding failure, and repeatedly rewarding FOR-SALE, incompetent, arrogant, greedy, and corrupt incumbent politicians in Congress with perpetual re-election rates finally becomes too painful.

Posted by: d.a.n at May 11, 2011 9:17 AM
Comment #323086

d.a.n. wrote; “Despite the myths that we need illegal aliens to do jobs we will not do, illegal immigration costs an U.S. citizens and estimated $70 billion to $326.7 billion per year in net losses (not to mention the losses due to crimes that should have never happened).”

I read parts of obama’s speech in El Paso yesterday. He appears to want more of what you describe. Surprised? NO!

Posted by: Royal Flush at May 11, 2011 2:14 PM
Comment #323090

Good reason for the TEA Party to bring suit. Corpocracy on the move.
GOP Kingmakers Wipe Tea Party Seats Off Map

Royal Flush, same with Bush, Clinton, Bush, …. Regan and so forth.

Otherwise - -

Posted by: Roy Ellis at May 11, 2011 6:15 PM
Comment #323091


Dan mentioned what the Democrats want and what the Republicans want, but he didn’t mention the power brokers and what they want.

This is an attempt to treat a symptom rather than the disease. Illegal immigration and all that it in tells is merely a symptom.

The disease is corpocracy. Undue influence, by wealth, on our government which causes it to defy the will of the people.

Posted by: jlw at May 11, 2011 7:17 PM
Comment #323094

Yes, it’s become which lies do you want to believe. A Boston Consulting Group study says that China is running short on labor thus wages are going to spike making the US (manufacturing but not jobs) competitive with China. One hss to question how/why China, with 300B could run short on labor. And/or, why wouldn’t unemployed Americans jump on China Air and take those jobs that apparently the Chinese are refusing to do.

Then, President Obama and hoardes of talking heads are saying that the US needs more workers and embraces illegal immigration to fill that ‘need’. The idea is that, even with 20-25% un-underemployed, there are so many Americans that won’t work for minimum wage we must have illegal immigrants that will take those jobs.

Soooo! Just how do we define the ‘free market’ concept in all this? Does the gov’t (Corpocracy) need to interfere, to the point of violating the law, the Constitution, to prevent free market forces from working? If there were no immigrants would not wages rise to a level where Americans would gladly take those jobs? If a shortage of workers is causing wages to rise in China would not the same be so in this country?

Which lies do you want to believe.

Otherwise, we have the Corpocracy we deserve.

Posted by: Roy Ellis at May 11, 2011 9:26 PM
Comment #323097

jlw, You’re right to a large degree. There are a LOT of symptoms.

Illegal immigration is only one of the symptoms of the worsening moral and fiscal bankruptcy of the nation.

Yes, the Government FOR-SALE, and that too that symptom is also on this top-ten-list-of-worst-abuses that destroying the nation.

But, if you really want to get down to the most basic, fundamental, root causes of most of our problems, they are as follows:

    Again, the problem is rooted in some very basic human flaws (with some overlap):
  • apathy, complacency, sense of futility, negligence, ignorance, and laziness;
  • greed, selfishness, gluttony, lust for power and control, envy, pride, and exploitation of others and things (e.g. lawlessness, wealth, usury, wars, taxation, etc.);
  • irrational fear, fear mongering, anger, intolerance, hatred, prejudice of others and things (e.g. prejudice of religion, race, gender, color, ethnicity, etc.);
  • delusion (deception and self deception), misplaced loyalties, partisan-warfare, misplaced compassion, misplaced priorities;

The worsening moral and fiscal bankruptcy is evidence of that deterioration from within.

The problem is that the majority of people do not get it, and do not understand that they are culpable too, since::

  • too many voters repeatedly reward FOR-SALE, incompetent, arrogant, greedy, and corrupt incumbent politicians in Do-Nothing Congress with re-election.
  • too many voters evidently love their party more than their country, or their own welfare, since too many voters lazily and blindly pull the party-lever, without even knowing all of the candidates on the ballot, much less the politicians’ voting records.
  • too many voters (about 45% of all 200 million eligible voters) don’t care enough to bother to vote at all.
  • too many voters do not know who their senators and representatives are, much less those incumbent politicians’ voting records.
  • too many voters are unaware that 99.7% of all 200 million eligible voters are vastly out-spent by a tiny 0.3% of the wealthiest voters who make a whopping 83% of all federal campaign donations of $200 or more.
  • too many voters elect 90% of the politicians who spend the most money (which are usually the incumbent politicians, who have many unfair incumbent advantages).
  • too many voters prefer to lazily engage in the blame game, and wallow in the blind, circular, divisive, distracting partisan-warfare, rather than admit that there is no important differences between the IN-Party and the OUT-Party, who sabotage each other merely for political gains, instead of what is best for the nation.
  • too many voters are delusional, and lazily believe that THEIR incumbent politician and THEIR political party is better than the OTHER party, when the only differences are unimportant.
  • too many voters think the problem is only with the OTHER party and fail to see the disturbing problems within THEIR own party.
  • too many voters find it easier to blame the OTHER party, rather than see the lack of any important differences between the OTHER party and THEIR own party.
  • too many voters whine and complain, and give Congress dismally low approval ratings (as low as 11%), but repeatedly re-elect and reward THEIR incumbent politicians in THEIR party with re-election (87% in the 2008 election; 77% in 2010);
  • too many voters are unaware of countless lies by the government and that many economic statistics have most likely, for a long time, been worse than what is being reported (source: www.ShadowStats.com/alternate_data ; One-Simple-Idea.com/USD_Falling.htm ; One-Simple-Idea.com/DebtUntenable1.htm ; One-Simple-Idea.com/Abuses.htm);
  • too many voters fail to understand that the incumbent politicians have cleverly rigged the system to increase incumbency rates by eliminating other choices in THEIR own party, and since many voters are unwilling to vote for anyone in the OTHER party, they repeatedly reward the incumbents with 85%-to-90% re-election rates.
  • too few voters (if any) can name 10, 20, 50, 100, 200, or even 268 (half of 535) in Congress that are responsible and accountable, but the majority of voters continue to reward incumbent politicians in Congress with re-election.
  • too many voters fail to see the insanity of doing the same thing over and over and over and over, while expecting a different result. Too many voters fail to understand that rewarding failure and corruption merely creates more failure and corruption, which creates more pain and misery for the majority of voters.
  • too many voters are too easily bribed with their own tax dollars. Too many voters have fallen for the myth that we can somehow all live at the expense of everyone else. Too many voters want a free ride, or want to be coddled and cared for from cradle-to-grave, or want to wallow in every manifestation of unchecked greed.
  • too many voters fail to see how they are puppets of clever puppeteers who cleverly tap-into the voters own selfishness; ironically, many people become cheer-leaders for the very cheaters and parasites that use and abuse others for their own self-gain and other nefarious purposes.
  • too many voters simply don’t care … at least, until (possibly) some day, the consequences of the majority of voters’ own negligence and short-sighted selfishness finally becomes too painful.

Until enough voters learn that they are culpable too, they will suffer the painful consequences of their own making.

Royal Flush,
You are right too.
More lies and broken promises is not at all surprising.

Obama wants another shamnesty, and all that empty talk about FIRST paying back-taxes, fines, learning English, etc., is all part of another scam, because pro-shamnesty people know, as many others already know, that none of those conditions will ever be monitored and/or enforced any more than it was for the first shamnesty of 1986 (during Ronald Reagan’s 2nd term), which quintupled the problem by increasing the numbers of illegal aliens from 2-to-3 million to 12+ million today.

But, the majority of voters must be OK with it, since they continue to reward their incumbent politicians with high re-election rates (both Repubs and Dems).

At any rate, the majority of voters have the government that they elect, and re-elect, … , and re-elect, at least, possibly, until repeatedly rewarding failure, and repeatedly rewarding FOR-SALE, incompetent, arrogant, greedy, and corrupt incumbent politicians in Congress with perpetual re-election rates finally becomes too painful.

Posted by: d.a.n at May 11, 2011 10:00 PM
Comment #323099

The Problem and the Solution

At any rate, the majority of voters have the government that they elect, and re-elect, … , and re-elect, at least, possibly, until repeatedly rewarding failure, and repeatedly rewarding FOR-SALE, incompetent, arrogant, greedy, and corrupt incumbent politicians in Congress with perpetual re-election rates finally becomes too painful.

Posted by: d.a.n at May 11, 2011 10:04 PM
Comment #323124

Agree Dan, politicians (Corpocracy) delivered us to this position and they should be held accountable for their actions. Best we can do in that regard is vote incumbents from office in large numbers.

We’ve been waiting some 30 years, since Regans amnesty and broken promise to secure the border, for a proper resolution to immigration.
It’s time for a 3rd party to rout the Corpocracy, deliver real reform and restore the Republic.
Otherwise - - -

Posted by: Roy Ellis at May 12, 2011 7:31 PM
Post a comment