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Thursday, July 11, 2019

Census citizenship question

image credit: wprl.org

The Trump administration’s proposed question asks, “Is this person a citizen of the United States?” That’s it. 
It’s an important question. In his report “The Census Should Ask About Citizenship to Keep House Representation of Citizens Fair,” Bryan Preston at PJ Media concludes:
The census is at the heart of representation in our republic. The Constitution explicitly connects the census to representation of citizens. Citizenship has been a routine part of the census for most of our national existence, and resuming capturing this data ought not be controversial. Objections to the citizenship question are speculative at best, disingenuous at worst. The citizenship question is only controversial because like nearly everything else in American life, some want to use the census to serve their own political power plays.

I’m no lawyer, but I don't understand why President Trump would need to issue an Executive Order to restore the citizenship question to the census form. The Supreme Court lobbed the issue back to the Commerce Dept. Doesn’t that put the question back on the desk of the Secretary of Commerce? And Trump's administration has precedence on its side.


Although the Trump administration had hoped that the Supreme Court would clear the way for it to include such a question, the justices instead sent the issue back to the Department of Commerce. In a deeply fractured opinion, Chief Justice John Roberts joined the court’s four liberal justices in ruling that the justification that the government offered at the time for including the citizenship question was just a pretext. The decision left open the possibility that the Trump administration could try again to add the citizenship question, but the clock is ticking. . . 

“Pretext” doesn’t seem to square with the history of the census citizenship question that dates back to Thomas Jefferson (see Preston’s full article here). But in any event, if the issue is now back at the Commerce Dept., why doesn’t Secy. Wilbur Ross just restore the question on the census form? Just asking . . .
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