Drudge Retort: The Other Side of the News
Saturday, March 16, 2019

The U.S. Supreme Court announced Friday that it is expanding the scope of the case against the Trump administration's decision to add a citizenship question to the 2020 census, agreeing to decide whether the move violated the Constitution.

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The census is to compile statistics not to generate them.

#1 | Posted by LesWit at 2019-03-17 01:35 PM | Reply

Interesting, this could be one of the first tests to see how "partisan" the Supreme Court is with the additions of Gorsuch and Kavanaugh.

The "Enumeration clause" is found in Article I, 1, § 2, cl. 3 of Constitution. After taking into account the removal and additions that have occurred with later amendments, it reads as follows: "Representatives ... shall be apportioned among the several States ... according to their respective Numbers ... . The actual Enumeration shall be made within three Years after the first Meeting of the Congress of the United States, and within every subsequent Term of ten Years, in such Manner as they shall by Law direct." The Enumeration Clause has to be read in conjunction with Section 2 of the Fourteenth Amendment, which states that "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."

The Constitution uses the word "numbers" or "persons" -- not "citizens," or "legal residents," or "those lawfully present", which is the argument that the lower courts relied on in rejecting the addition of the citizenship question to the upcoming Census. Complicating matters is the fact that the Constitution wholly and explicitly empowers Congress to sort out the details of the Census.

Notably, the strict constructionists on the Court will have to ignore the plain text of the Constitution and cite enabling legislation if they want to uphold the addition of the citizenship question to the Census, in effect accepting an argument that the name of first census act used the word "inhabitant" and that the contemporaneous definition of that word were persons entitled to the privileges conferred by the state, which would exclude unlawful residents. The word "inhabitant," is not used in the Constitution's Enumeration clause, but is instead used when describing qualifications of Representatives and Senators (the "Qualification Clause"). To get to the result that the Administration wants, the Court will have to read the Enumeration Clause as inclusive of the definitions of the Qualification Clause.

What this effectively means is that the roles of the Court will be most likely reversed here, with the strict constructionists needing to adopt a more expansive reading of the Enumeration Clause to add the question and the loose constructionists demanding a narrower reading of the Enumeration Clause to eliminate it.

#2 | Posted by Rightocenter at 2019-03-17 02:11 PM | Reply | Newsworthy 1

The census is to compile statistics not to generate them.

#1 | Posted by LesWit

Im guess you realize now you are talking in circles.

#3 | Posted by Sniper at 2019-03-17 07:32 PM | Reply

Im guess you realize now you are talking in circles.

#3 | Posted by Sniper

And you, sir, talk nothing but nonsense.

My Thoughts and Prayers are for Locking Them Up! Especially Wilber and Humpy.

The evil mastermind and his Minion. But the know the minion has to go first. Wilbur Ross broke law, violated Constitution in his census decision. I am not exaggerating or making it up. A judge has ruled it... so? Why isn't Wilber Ross under arrest? Or at least being escorted from the building in disgrace? As I recall...and correct me if I am wrong!! ...one of the Presidents major duties in Life is To Enforce the Law.

So, I will be happy with seeing Wilber put behind bars...where he belongs... For now. We can wait til Humpy loses his imagined "Presidential Protections" from the Law in 2020. Not worth fighting about any more. We suffered through his Insanity for this long. And somehow survived!

I think we can make it to 2020 now!

And many thanks go to our Dear Leader Humpy for making us Strong again!

#4 | Posted by donnerboy at 2019-03-17 08:13 PM | Reply

#4 | Posted by donnerboy The congress in their constitutional powers decide what questions are on the census. The Executive branch does the collection and computation. The big loosers in the next census will be in the North East, especially New York. They will loose Seats, as will California, the Rust Belt, and other liberal enclaves. The left is loosing the battle of ideals. News outlets for the left are shrinking, bleeding money and employees. News outlets for the right are expanding. The book sales, programing share and ratings are bad news for the left.

#5 | Posted by docnjo at 2019-03-18 10:55 AM | Reply

#2 That is a good analysis of where this stands. I'd only point out that the "strict constructionists" on the Court regularly abdicate that role to meet their political ends, and it would not at all surprise me to see some or all of them do that here.

#6 | Posted by JOE at 2019-03-18 11:09 AM | Reply

#7

The same can be said for the "living constitution" contingent, which is what makes this fascinating to me in that if this breaks upon pure "party" lines than most of the justices will be voting contrary to their prior positions on constitutional construction.

#7 | Posted by Rightocenter at 2019-03-18 02:53 PM | Reply

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