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To: Talisker
Far from an exhaustive study but I suspect the answer will ultimately boil down to this:

Since the ENUMERATION is called out specifically in Article I for the purpose of APPORTIONING THE HOUSE and that there are Supreme Court rulings plus law passed by Congress than make race a part of the APPORTIONMENT PROCESS. Therefore it would be deemed as clearly Constitutional the gathering the requisite data for carrying out the task specifically called for in the Original Document.

I place no value judgment on the above other than to say it seems a logical conclusion. All of the questions on the standard form fit with that purpose EXCEPT QUESTION 11.

But there are only 10 you say. Well, question 11 should be "Is this person a citizen of the United States, eligible to vote in a Federal election?" That is an omission that should go before SCOTUS at some point. I'll save that tirade for later.

27 posted on 04/04/2010 4:27:03 PM PDT by NonValueAdded ("The real death threat is their legislation" Rush Limbaugh, 3/25/10)
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To: NonValueAdded
...I suspect the answer will ultimately boil down to this: Since the ENUMERATION is called out specifically in Article I for the purpose of APPORTIONING THE HOUSE and that there are Supreme Court rulings plus law passed by Congress than make race a part of the APPORTIONMENT PROCESS. Therefore it would be deemed as clearly Constitutional the gathering the requisite data for carrying out the task specifically called for in the Original Document.

LOL - I can't see how race is a part of the Constitutional "apportionment process" since that disagreement you might have heard of called the Civil War. As a matter of fact, if you look up Article 1, Section 2, Clause 3 in any legal journal (on or off the Web) it will have a little asterisk sending you off to the 14th Amendment - you know, the one that specifically changed the enumeration away from any link to race?

Far from an exhaustive study...

I'm sorry sorry to have posted a deficient analysis. Tell me, what relevant part – exactly – of Title 13 did I leave out?

44 posted on 04/05/2010 7:01:00 PM PDT by Talisker (When you find a turtle on top of a fence post, you can be damn sure it didn't get there on it's own.)
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