Opinion: Census citizenship question is constitutional and should be approved - - PressFrom - US
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OpinionCensus citizenship question is constitutional and should be approved

19:02  11 july  2019
19:02  11 july  2019 Source:   thehill.com

Trump Administration Drops Bid To Put Citizenship Question On 2020 Census

Trump Administration Drops Bid To Put Citizenship Question On 2020 Census There will not be a question asking about citizenship on the 2020 census, the Trump administration said Tuesday. The decision comes days after the Supreme Court temporarily blocked the administration from adding the question, saying it did not provide an adequate explanation for the addition. Here’s the email from DOJ pic.twitter.com/PdyfK0a1hJ — Daniel Jacobson (@Dan_F_Jacobson) July 2, 2019 This is a developing story. Check back for details. This article originally appeared on HuffPost.

The citizenship question is included in the list of census questions that the Census Bureau sent to Congress this week. But the new question ’s inclusion has been challenged in court on the grounds that it could cause many immigrants to skip the 2020 census out of fear their information could be

Census bureau experts have concluded that the census would produce a more accurate picture of the US population without a citizenship question because people might be reluctant to say if they or others in their households are not citizens . Federal law requires people to complete the census

Census citizenship question is constitutional and should be approved© iStock Census citizenship question is constitutional and should be approved

Editor’s note: The opinions in this article are the author’s, as published by our content partner, and do not necessarily represent the views of MSN or Microsoft.

The census-form question about citizenship is constitutional and will likely be found so by the U.S. Supreme Court. I base this thesis on five premises.

Premise 1

All federal judges are political - all. Constitutional scholar Jeffrey Toobin has observed: "When it comes to the core of the Court's work, determining the contemporary meaning of the Constitution, it is ideology, not craft or skill, that controls the outcome of cases.... When it comes to the incendiary political issues that end up in the Supreme Court, what matters is not the quality of the arguments, but the identity of the justices." What separates justices "is judicial philosophy - ideology - and that means everything on the Supreme Court."

Poll: Two-Thirds of Voters Say Citizenship Question Should Be Allowed on Census

Poll: Two-Thirds of Voters Say Citizenship Question Should Be Allowed on Census Two-thirds of voters support allowing the U.S. census to include a question about an individual's citizenship status, according to a new poll.

The Trump administration's decision to ask people about their citizenship in the 2020 Census set off worries that non- citizens will dodge the survey altogether, diluting political representation for states that tend to vote Democratic. (March 27) AP.

How the citizenship question ended up on the census and then in court is documented in a trail of internal emails and memos released as part of the lawsuits. Since their first release in June, the Commerce Department's office of public affairs has generally declined to comment to NPR on the

Similarly, Richard A. Posner, the great conservative judge and law professor, has written: "It is rarely possible to say with a straight face of a Supreme Court decision that it was decided correctly or incorrectly." Constitutional cases, he added, "can be decided only a basis of a political judgment, and a political judgment cannot be called right or wrong by reference to legal norms." (Some judges, after previewing this piece told me that Judge Posner's comment about judges always being political is too categorical, that sometimes judges and judicial philosophies are not political.)

Roy Cohn once accurately observed: "Don't tell me what the law is; tell me who the judge is."

Premise 2

The claim that the census should seek only the number of residents, legal and illegal, in a state is not accurate. Section 2 of the 14th Amendment mandates the counting of citizens in each state. Legal scholars David B. Rivkin and Gibson B. Gray explain the necessity of this:

Justice Department signals to court it's still fighting for citizenship question

Justice Department signals to court it's still fighting for citizenship question A federal judge had ordered the DOJ to explain the president's tweet and administration's position.

Does the citizenship question violate the constitutional requirement that the census provide an actual enumeration of the number of people in the United States? This is the only aspect of the case in which the Supreme Court is deciding whether the citizenship question is constitutional , not just

It sounds like a small change. But the Trump administration's plan to put a citizenship question back on the US census is a big deal.

"Section 2 of the 14th Amendment provides that if a state denies the franchise to anyone eligible to vote, its allotment of House seats shall be 'reduced in the proportion which the number of such ... citizens shall bear to the whole number of ... citizens ... in such state.' This language is absolute and mandatory. Compliance is impossible without counting how many citizens live in each state."

Some 11 million residents are in the United States illegally. Their count is external to Section 2.

Premise 3

Adjudication of the citizenship-question dispute will traverse the usual political route. The decision by the judges on the Ninth Circuit Court of Appeal will be liberal and opposed to excluding illegal immigrants from the census count. That will be business as usual. Appellate courts go in the direction determined by their political compositions.

Premise 4

The Supreme Court presently has four liberal justices and four conservative justices, with Chief Justice John Roberts increasingly becoming the swing vote, as he did on the individual mandate for ObamaCare, federal funding for Planned Parenthood, and his demurral against the citizenship count on the census form.

Ken Cuccinelli confident citizenship question will be on 2020 census

Ken Cuccinelli confident citizenship question will be on 2020 census President Trump's chief immigration and citizenship officer believes that the 2020 U.S. census will include a question on citizenship. require(["medianetNativeAdOnArticle"], function (medianetNativeAdOnArticle) { medianetNativeAdOnArticle.getMedianetNativeAds(true); }); Acting United States Citizenship and Immigration Services Director Ken Cuccinelli predicted that Trump would ultimately succeed in amending the 2020 census. Cuccinelli appeared on Fox News Sunday with guest host Dana Perino, according to a clip of the show released early on Twitter.

The supreme court appears to be leaning in favor of approving the Trump administration’s proposed question .

Study all questions or take a practice Citizenship test online for free. As you study for the test, make sure that you know the most current answers to these questions . Answer these questions with the name of the official who is serving at the time of your eligibility interview with USCIS.

Premise 5

With the knowledge of Section 2, which way will Chief Justice Roberts vote? Who knows? He does what he wants to do. But if he follows the 14th Amendment, he will support a census that counts the number of citizens in each state.

The fat lady has not yet begun to sing. How did we ever get into this predicament where one guy out of some 350 million Americans can singularly control this? There is something wrong with this picture.

Ronald L. Trowbridge is a policy fellow at the Oakland-based Independent Institute and a former director of the Fulbright Scholars Program. He later served as chief of staff for former U.S. Chief Justice Warren Burger.

Read More

Judge signs order permanently blocking citizenship question from 2020 census.
A federal judge in New York on Tuesday signed an order permanently blocking the Trump administration from adding a citizenship question to the 2020 census, days after President Trump gave up on his efforts to get such a question on next year's census.The order, signed by Judge Jesse Furman, was jointly drafted by the parties opposing the citizenship question.It stops administration officials "from including a citizenship question on the 2020 decennial census questionnaire; from delaying the process of printing the 2020 decennial census questionnaire after June 30, 2019 for the purpose of including a citizenship question; and from asking persons about citizenship sta

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