By Jon Dougherty
(NationalSentinel) President Donald Trump is being advised by at least one U.S. congressman and others to ignore a recent Supreme Court ruling and include a question about citizenship on the 2020 Census.
In a tweet this week, Rep. Chip Roy (R-Texas), agreed with another user that the administration committed an “unforced error” in failing to ‘adequately’ justify adding the question, but that overall the high court did not actually rule the question unconstitutional.
Absolutely. It’s the lawyers advising him. @realDonaldTrump should ignore them. Completely. Print the census with the question – and issue a statement explaining why – “because we should.” Done. https://t.co/ExyvRAmzoN
— Chip Roy (@chiproytx) July 3, 2019
“It’s the lawyers advising him. @realDonaldTrump should ignore them. Completely. Print the census with the question – and issue a statement explaining why – ‘because we should.’ Done,” Roy wrote on Twitter in response to a user named Dan McLaughlin, whose profile says he’s an attorney.
“Neither the Constitution nor the Roberts opinion say the question cannot be included,” Roy added. “The President can add it & SCOTUS didn’t say otherwise—just that it wanted a better rationale than Commerce gave… so POTUS ought to do that.”
Rob Henneke, general counsel at the Center for the American Future, told Roy he agreed, The Epoch Times reported.
“SCOTUS ruling doesn’t block question—it merely requires Administration to put more information in the record supporting the basis for asking the question. Any current internal deadlines may be extended. It’s more important to get this right,” Henneke wrote on Twitter.
True statement. SCOTUS ruling doesn't block question – it merely requires Administration to put more information in the record supporting the basis for asking the question. Any current internal deadlines may be extended. It's more important to get this right.
— Rob Henneke (@robhenneke) July 3, 2019
Roy noted further in an op-ed that adding the question is important for the country.
“Getting an accurate counting of persons, and citizens, is important for re-districting, for allocation of federal dollars, for setting up voting locations, for making decisions about the impact of illegal immigration on American communities, and for, yes, administering the laws in accordance with the Voting Rights Act, among other reasons. It is also, arguably, constitutionally required to ask for citizenship. Yes, required,” he wrote.
“If one only reads the census portion of the Constitution, it references counting ‘persons.’ Fair enough, but there is no restriction on counting citizens, too. Importantly, though, if one reads section 2 of the 14th Amendment, you find that it, combined with the later passed 19th and 26th Amendments, creates a requirement that we know the total number of voting-age ‘citizens’ in each state. This provision was to ensure enforcement of voting rights, and if you do not have citizenship data by state, you cannot enforce that section of the Constitution.”
Following the 5-4 SCOTUS decision, which sent the case — a lawsuit by blue states — back to a lower court for further consideration, Commerce Secretary Wilbur Ross said the U.S. Census Bureau, which falls under his department, was printing the 2020 census without the citizenship question.
The president disputed that, however. As we reported Friday, the president has vowed to add the question to the 2020 Census one way or another.
That includes waiting for a final Supreme Court decision, adding an addendum to the main questionnaire, or issuing an executive order.
“We’re thinking about doing that. It’s one of the ways, we have four or five ways we can do it,” Trump said in response to a reporter’s question about issuing an executive order. “It’s one of the ways that we’re thinking about doing it very seriously.”
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