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To: Enlightened1

Under what legal theory is the citizenship question “illegal”??


14 posted on 03/27/2018 6:33:32 AM PDT by Menehune56 ("Let them hate so long as they fear" (Oderint Dum Metuant), Lucius Accius (170 BC - 86 BC))
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To: Menehune56

It is constitutional to include questions in the decennial census beyond those concerning a simple count of the number of people. On numerous occasions, the courts have said the Constitution gives Congress the authority to collect statistics in the census.

As early as 1870, the Supreme Court characterized as unquestionable the power of Congress to require both an enumeration and the collection of statistics in the census.

The Legal Tender Cases, Tex.1870; 12 Wall., U.S., 457, 536, 20 L.Ed. 287. In 1901, a District Court said the Constitution’s census clause (Art. 1, Sec. 2, Clause 3) is not limited to a headcount of the population and “does not prohibit the gathering of other statistics, if ‘necessary and proper,’ for the intelligent exercise of other powers enumerated in the constitution, and in such case there could be no objection to acquiring this information through the same machinery by which the population is enumerated.” United States v. Moriarity, 106 F. 886, 891 (S.D.N.Y.1901).

https://www.census.gov/2010census/about/constitutional.php


26 posted on 03/27/2018 6:43:55 AM PDT by Oldeconomybuyer (The problem with socialism is that you eventually run out of other people's money.)
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