# Three fifths clause still valid?

**URL:** <https://boards.straightdope.com/t/three-fifths-clause-still-valid/480583>\
**Category:** Factual Questions\
**Created:** [January 9, 2009, 8:37pm UTC](https://boards.straightdope.com/t/three-fifths-clause-still-valid/480583 "2009-01-09T20:37:45Z")\
**Posts on this page:** 4\
**Page:** 1

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**Author:** ![Hari\_Seldon](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/hari_seldon/32/5173_2.png) [@Hari\_Seldon](https://boards.straightdope.com/u/Hari_Seldon)\
**Post date:** [January 9, 2009, 8:37pm UTC](https://boards.straightdope.com/t/three-fifths-clause-still-valid/480583/1 "2009-01-09T20:37:45Z")

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Do states still get to count “3/5 of all other persons”, presumably including non-citizens residents, illegal aliens, etc. in determining their congressional quotas?

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**Author:** ![silenus](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/silenus/32/166_2.png) [@silenus](https://boards.straightdope.com/u/silenus)\
**Post date:** [January 9, 2009, 8:42pm UTC](https://boards.straightdope.com/t/three-fifths-clause-still-valid/480583/2 "2009-01-09T20:42:49Z")

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No. It was superseded by Article 2 of the 14th Amendment, which states _“Representatives shall be apportioned …counting the whole number of persons in each State, excluding Indians not taxed…”_.

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**Author:** ![friedo](https://avatars.discourse-cdn.com/v4/letter/f/8edcca/32.png) [@friedo](https://boards.straightdope.com/u/friedo)\
**Post date:** [January 9, 2009, 8:43pm UTC](https://boards.straightdope.com/t/three-fifths-clause-still-valid/480583/3 "2009-01-09T20:43:21Z")

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The 3/5 Compromise only applied to federal census-takings for the purpose of figuring the number of Representatives. (ETA: And direct taxation.) It was superseded by the 14th Amendment which provided that:

> [@](#):
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> 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.**

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**Author:** ![Freddy\_the\_Pig](https://avatars.discourse-cdn.com/v4/letter/f/a587f6/32.png) [@Freddy\_the\_Pig](https://boards.straightdope.com/u/Freddy_the_Pig)\
**Post date:** [January 9, 2009, 9:12pm UTC](https://boards.straightdope.com/t/three-fifths-clause-still-valid/480583/4 "2009-01-09T21:12:46Z")

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> [@Hari\_Seldon](#):
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> Do states still get to count “3/5 of all other persons”, presumably including non-citizens residents, illegal aliens, etc. in determining their congressional quotas?

Your question reflects a misconception about the 3/5 clause. The distinction between full persons and 3/5 persons was between _free persons_ and all other persons, not between _citizens_ and all other persons.

Non-enslaved resident aliens, then and now, counted as full persons for purposes of census enumeration.