The Census Question

As the Supreme Court deliberates on whether or not people living in America should be asked if they are citizens, Michelle Malkin provides some perspective on the issue at The Jewish World Review.

In an article posted yesterday, Michelle Malkin notes:

On Tuesday, the U.S. Supreme Court heard arguments on whether the Trump administration can include a citizenship question on the high-stakes 2020 Census questionnaire. Thank goodness, the conservative majority indicated support for allowing it. There’s already such a question on the annual American Community Survey administered by the Census Bureau. It was asked in long-form questionnaires sent to a sample of households in 2000. And it was regularly asked in historical census forms from 1820-1950.

…Remember: The Census is used to divvy up seats in the House as a proportion of their population based on the head count. The redistribution of power extends to presidential elections because the Electoral College is pegged to the size of congressional delegations. More people equal more seats. More illegal immigrants equal more power. Indeed, the Center for Immigration Studies determined that in the 2000 election cycle, the presence of noncitizens (illegal immigrants, temporary visitors and green card holders) caused nine seats in the House to switch hands. California added six seats it would not have had otherwise. Texas, New York and Florida each gained a seat. Indiana, Michigan, Mississippi, Oklahoma, Pennsylvania and Wisconsin each lost a seat. Montana, Kentucky and Utah each failed to secure a seat they would otherwise have gained.

Our Founding Fathers explicitly warned against the perils of foreigners manipulating representation by overwhelming the country. Immigration scholar and author Daniel Horowitz points to Supreme Court Justice Joseph Story’s prophetic admonition: “If aliens might be admitted indiscriminately to enjoy all the rights of citizens at the will of a single state, the Union might itself be endangered by an influx of foreigners, hostile to its institutions, ignorant of its powers, and incapable of a due estimate of its privileges.”

The article reminds us:

During the last census under President Barack Obama, with $300 billion in federal funding at stake, social justice groups from Soros-funded ACORN to Soros-funded Voto Latino to the Soros-allied SEIU were enlisted to count heads and help noncitizens feel “safe.”

The Census boondoggle has become a tax-subsidized national future Democratic voter outreach drive. Soros’ operations, along with 77 other liberal foundations, have invested $30 million to make illegal immigrants count. The Open Society Institute’s grantees and partners on coopting the Census for Democrat gains include the Southern Coalition for Social Justice, Miami Workers Center, Mexican American Legal Defense and Educational Fund, Southwest Workers Union, New York Community Trust, New York Foundation, Center for American Progress, People for the American Way and the Funders Census Initiative. A recently leaked internal board document revealed that the Soros network has coordinated efforts for the past four years to “influence appropriations for the Census Bureau” and add new racial and ethnic categories.

There is no logical reason to avoid asking people living in America if they are citizens. If they are citizens, they are entitled to be represented in our government. If they are not citizens and they want to be represented, they need to become citizens to obtain that representation. Fix the immigration process to make it easier for people who want to contribute to America to become citizens. Meanwhile, our government needs to represent Americans.

The Supreme Court Will Hear The Case Regarding The Citizenship Question On The Census

Yesterday Breitbart reported that the Supreme Court will hear the case regarding putting a citizenship question on the 2020 Census.

The article details some of the history of the question:

The Enumeration Clause in Article I of the Constitution requires a nationwide census be taken every ten years. The Census Act empowers the head of the Commerce Department to determine what the census will ask, aside from the number of persons residing at every address in the nation. Commerce Secretary Wilbur Ross decided for the Trump administration that the census will ask each person in the nation next year if that person is a citizen of the United States.

That was a recurring question on census forms until recently. The first census to ask about citizenship was the one conducted in 1820, and the last was 1950. After 1950, the Census Bureau – which is part of the Commerce Department – has continued to ask that question on the “long form” census form that goes to some census-takers, as well as on its yearly questionnaire that goes to a small number of households each year, called the American Community Survey (ACS).

…However, when Ross put that question on the 2020 census, leftwing partisans sued, claiming that inserting this question violates the Administrative Procedure Act (APA). More surprising to many, Judge Jesse Furman of the U.S. District Court for the Southern District of New York agreed, writing a 277-page decision (which is shockingly long) holding that it is illegal to ask about citizenship.

The article explains that the case revolves around the APA:

There are three issues in the case. The first is whether it violates the APA for the census to ask about citizenship. The second is whether courts can look beyond the administrative record to probe the thinking of top-ranking government officials in an APA case. The justices inserted a third issue of their own, asking whether asking that if the APA allows the question, would that question nonetheless violate the Enumeration Clause.

In other words, the case is about whether asking about citizenship violates either federal law or the Constitution, and also whether it is out of bounds to chase down a member of the president’s Cabinet in such lawsuits.

This case has very significant implications. Legislative districting lines for Congress and statehouses are based on census data. Dozens of congressional seats and perhaps hundreds of state seats could shift if states drew lines based on citizenship, instead of total numbers of persons. Some even argue that congressional seats, and with them Electoral College votes for president, could be reallocated among the states based on citizenship data. At minimum, billions of dollars in federal spending is based on census numbers.

The states that will probably lose representatives and electoral college votes if the citizenship questions is on the census are California, New York, Arizona, and possibly New Mexico.

The question to me is whether or not people who are in America but not citizens should have a voice in our government. Would you allow a guest in your house to determine your household budget?

Who Gets To Be Represented In Congress?

One America News Network reported yesterday that the Supreme Court will take up the matter of the citizenship question on the 2020 Census.

The article reports:

The Trump Administration is looking to appeal a ruling by the Southern District of New York, which struck down their request. The ruling then headed to the Second Circuit Court of Appeals; however, this latest move means Justices will resolve the case before the lower court has the chance to review it.

The Department of Justice said Commerce Secretary Wilbur Ross, who announced he would pursue updating the questionnaire in 2018, has the legal authority to include the citizenship question on next year’s census.

However, the district judge cast doubt on the reasoning behind Ross’ decision to include the question in the survey. The judge argued its inclusion would be unlawful and would violate the Administrative Procedure Act, but Ross cited the need to enforce the Voting Rights Act by asking census-takers if they are citizens of the United States.

The agency argued the question was included in previous years, with it last being seen in 1950.

Why is this important? It’s important for the House of Representatives and for the Electoral College.

The National Immigration Forum explained the impact of the question in an article posted in August 2018:

Because Congress is reapportioned in accordance with overall population, states with large undocumented populations that would go uncounted stand to lose representation. Due to the growth of the immigrant population in the southeast in recent years, in both rural towns and large southern cities like Atlanta and Charlotte, the impact of a census undercount will be felt in blue and red areas alike. As one expert has noted, the states “most disadvantaged, however, are not those with simply the most undocumented people,” like New York or Illinois. Rather, the states with the highest proportion of undocumented people compared to overall population would be the most impacted. These states include solid blue states like California, Maryland and New Jersey, but also a number of red states and swing states – Arizona, Florida, Nevada, and Texas. To the extent the citizenship question drives down the response rate, these states are most likely to lose congressional representation.

The number of votes a state receives in the Electoral College is also partially determined by the number of Representatives the state has in Congress, so an accurate count of the population is also important in determining the number of electors.

Putting the citizenship question on the 2020 Census will allow a more realistic count of American citizens. American citizens are the people Congress is supposed to represent. You gain the right to vote and to be represented when you become a citizen. Otherwise, you are simply a guest. Would you let a guest (invited or uninvited) determine the rules and budget of your household?

What Is This Actually About?

On Friday, Breitbart posted an article about the debate over one of the questions that is supposed to appear on the 2020 Census.

The article reports:

Republican lawmakers are working with Democrats to ban the 2020 Census from asking United States residents whether or not they are American citizens.

In March, President Donald Trump’s administration announced they would put the citizenship question back on the census. It has not been included since 1950. For seven decades, all residents living in the United States have been counted on the census but have not been asked whether or not they are American citizens, making it impossible for the federal government to know the size of the citizen population versus the immigrant population.

The article explains why this question is significant:

Kansas Secretary of State Kris Kobach has noted the citizenship question on the census is necessary to further implement congressional apportionment based on the citizen population rather than the current rules that base state representation on the total population — including ocitizens, illegal alien residents, legal immigrants, and nonimmigrants on visas.

Should congressional apportionment be based on the number of American citizens in each state — which is only possible through asking the citizenship question on the census — Democrat-strong coastal areas with large foreign populations like California and Florida could lose representation, while states with small foreigon populations like Wyoming and Ohio would likely gain representation in Congress. Such a rule change would shift power from coastal states to the heartland of the country, Breitbart News reported.

Keep in mind that there are some serious philosophical differences in the politics of the elites in Washington (combined with the elites in coastal America) and the average American living in the mid-west.

Congress has been discussing illegal immigration since the 1980’s. Why hasn’t the issue been resolved? It’s a matter of viewpoint–the Democrats see illegal immigrants as future citizen voters–the corporate Republicans (the non-conservative, country-club Republicans) see cheap labor.  Until we elect Congressmen who are willing to see the problem of having millions of people in the country who are not contributing to Social Security or taxes yet are receiving government benefits, we will continue to have the problem of a large population of illegal immigrants. They do not have the right to represented in Congress–they are not citizens,

The question belongs in the 2020 Census, but I sincerely doubt it will be there.