The Reapportionment Act, which fixed the number of House representatives at 435, ... directs the President to transmit to Congress a “statement showing the whole number of persons in each State . . . as ascertained under the . . . decennial census of the population” using the “method of equal proportions.”
President Trump, acting by way of an Executive Order, has told the Census Bureau to ignore the statement found in the law enacted by Congress. Instead, the president has directed the Census Bureau not to include undocumented immigrants in the count. Undocumented immigrants, says the president, should not be considered "persons" as far as the census is concerned. Count everybody. That's what the law says. Count every person. But President Trump says that we're not going to consider undocumented immigrants to be "persons." We're not going to count them!
Amendment VNo 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 (emphasis added).
Persons mean persons, lower courts held. But as Justice Antonin Scalia once wrote, “The good textualist is not a literalist.”