izens, this clause fixing the
apportionment of representatives has abrogated so much of * * * [Article
I, Sec. 2, cl. 3] of the * * * original Constitution as counted only
three-fifths of such persons."

"Indians Not Taxed"

Although one authority on the legal status of the American Indian
observed that this "* * * phrase [was] never * * * more explicitly
defined, but probably * * * [meant] * * * Indians resident on
reservations, that is, on land not taxed by the States,"[1218] the
United States Attorney General, in 1940, commented as follows upon the
difficulty of arriving at any satisfactory construction of these words:
"Whether the phrase 'Indians not taxed' refers (1) to Indians not
actually paying taxes or only to those who are not subject to taxation
and (2) to Indians not taxed or subject to taxation by any taxing
authority or only to those not taxed or subject to taxation by the
States in which they reside * * * [presents] questions * * * [which
have] been discussed in a number of court decisions but the issue has
never been squarely raised in any of the decided cases. Some of the
cases and some statements appearing in the debates in the Constitutional
Convention lend support to the view that since all Indians are now
subject to the Federal income-tax laws [Superintendent _v._
Commissioner, 295 U.S. 418 (1935)] there are no longer any Indians not
taxed within the meaning of the constitutional phrase. On the other
hand, other decided cases and other statements appearing in the debates
in the Convention equally support the contrary view. * * *, the answer
to * * * [these questions] is not free from doubt."[1219]

As to the latest construction which Congress has given to this phrase in
apportioning seats in the House of Representatives, it is pertinent to
note that the Apportionment Act of 1929, at last amended in 1941,[1220]
excludes "Indians not taxed" from the computation of the total
population of each State. However, in reliance on the above-mentioned
decision that all Indians are now subject to federal income taxation,
the Director of the Census included all Indians in the 1940 tabulation
of total population in each State, and Congress took no action to alter
the effects which such inclusion had upon the number of seats
distributed to the several States.[1221]

Right to Vote

The right to vote intended to be protected refers to the right to vote
as established by the laws and constitution of the Sta