Bruce Ackerman is Sterling Professor of Law and Political Science at Yale Law School and the author, most recently, ofPresident Donald Trump already suffered one stinging defeat when the Supreme Court invalidated his effort to add a “citizenship question” to the 2020 census. Now he’s decided to try again, threatening to issue an executive order commanding the Census Bureau to add the question to its survey, and ordering the Justice Department to defend his action in on-going legal proceedings.
This insistence on persons, not citizens, was deliberate. While the Thirteenth Amendment freed the slaves, it did not grant them the right to vote—and the Republican leadership in Congress did not yet have the votes to give them that right. Moreover, central players like Speaker Thaddeus Stevens and Senator Charles Sumner were strong allies of Elizabeth Cady Stanton and the rising feminist movement of the 19th Century.
Confronting the prospect of political defeat, the Republicans refused to commit electoral suicide. For the first and only time in American history, Congress violated the Constitution, and continued to use the 1910 census figures, rather than the 1920 ones, as the basis for the distribution of seats in the House and electoral college for the next decade.
Over the past century, many of the specific requirements and procedures handed down in 1929 have been, but the basic framework remains intact. In particular, the deadline for the final preparation of census forms has shifted from April 1 to July 1, and this date has served as a legal turning point in the ongoing legal battle. Chief Justice John Robert Roberts delivered his majority opinion on June 27, four days before the deadline.
I would rate his chances of success at zero. Since the chief justice has already rejected the Bureau’s conduct as an “abuse of discretion,” it is impossible to believe that he will uphold the president’s direct intervention into a regulatory system that has profound roots in our constitutional tradition.
I want to know how many U.S. citizens there are in our country. Legitimate question for America. SMH
Google the census citizen question. That's all carry on.
Good
Where was Congress when Obama removed the citizenship question in 2010 without any approval? Trump can do the same thing to put it back in. What hypocrites!
Analysis: If Trump moves ahead with an executive order, he will be threatening a centuries-old consensus that puts Congress in charge of the Census as well as thwarting the SCOTUS the Chief Justice's judicial opinion when presiding over an impeachment trial in the senate.
When the President of the United States ignores the U.S. Supreme Court, it is an open assault on the U.S. Constitution. ImpeachTrumpNow
Apparently Congress and Senate now mean nothing to our democracy. “Executive Privilege”, is the law of the land, so we have an elected dictator, already talking about serving 3 more terms. Apparently FOX news runs the people’s news source. Pelosi apparently is brain dead....
He will proceed. Then what?
He thinks HE IS A GOD. Operates above the law. Never seen a god that acts or looks like this
Not just that, but what good is the SCOTUS if he undermines their decision? Where will it stop with Trump & a completely useless GOP & Senate under McConnell?
And the bigoted racist Republican party will stand behind trump and support him in defying the courts and help trump undermine countrys democracy even more. The trump Republican party is anti American unless you are a white rich man.
That is like saying congress is in charge of the IRS because it is their job to raise money. The executive branch is in charge of administration.
Guess if congress allows this they might as well go home ... we don’t need them.. isnt this their duty to protect us from a wannabe dictator
Trump will. Congress is gutless. I'm watching the destruction of Democracy by an unchecked criminal conspiracy in the White House, Senate and Congress by the GOP. Impeachment inquiry should have started months ago.
Politico wrong again!
It’s not a question of consensus, it’s in the constitution
So how the did Obama remove the question in 2010 when it had been there for 180 years?
Article 1 of the Constitution puts Congress in charge of the census.
America voted for a change agent . How about some coverage Politico about why counting US citizens is important and the impact it has on States! That’s a story you’ve missed
Adding the citizenship question won't 'blow up' anything.
Is it legal or not? Let’s put down some facts in place of sensationalism here. Consensus is great, but obviously time erodes all gentleman’s agreements (and Obama flexed his executive order muscle to change “consensus” too, don’t forget.)
The emperor must be stopped. SpeakerPelosi & gop, do your jobs.
Trump will be in court spending millions of dollars trying to bring down our Democracy until we the people bring him down!
This president oversteps his responsibility on a daily basis. Tweeting policy changes. Tweeting acts that aren’t vetted through congressional approvals. The president doesn’t get to do that in this country. Maybe he should depart for another. Quickly. Just go.
Here we go. Roll up your sleeves. This is going to be an alley fight.
It will also be the first census by a man who has clearly lost his senses.
Federal Judges will BLOCK any further attempts by Trump to get this discriminatory question in the census.
Well, I thought you were all for change. I guess you want only your change...
Has literally gotten away with much worse so why the f not?
Because he really cares about that.
He is again trying to expand presidential powers.
Threatening or violating?
DerangedDonald wants to be a dicKtator and would kill his wife in order to become one. Don't let him fool you, Americans! He is not looking out for your protection!
realDonaldTrump has a long history of appealing law suits to prolong the procedure so it will go away. His theory is “I’ll appeal it all the way up to the Supreme Court”. Where do you go now donny? The Supreme Court has decided You are not a dictator You do not rule this country
Appears 243 year old Country, Constitution and USA, Trump wants to blow up.
Let me guess why Congress is so interested in Census Could the data be used to redraw election districts Just my first guess!!
Resist NotMyPresident
We need a voice like Politico to shed light on the real issues. If you are going to dedicate 1000+ words to give us a history in civics around The US Census, at least acknowledge what Census Data is used for which has been distorted by the liberal press.
. We can all be glade DonaldTrump and JeffEpstein did not get to use their number one question on the Census ; what are you wearing now? ImpeachDonaldTrumpNOW ImpeachDonaldTrumpNOW ImpeachDonaldTrumpNOW ImpeachDonaldTrumpNOW FBR
Why? He has a pen and a phone.
And will
Should we reapportion congressional seats based upon a count inclusive of people that should not be here? Should we allocate federal $ based on the same?
Along with many other remnants of democracy...
What are liberals afraid of, the truth?
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