, 13 tweets, 6 min read Read on Twitter
Why are you baffled?

A THREAD on the Census...
The census is mandated by Article I, Section 2, Clause 3, “The actual Enumeration shall be made within three Years after the first meeting of the Congress of the United States, and within every subsequent Term of ten Years,” in a manner directed by Congress, not the Executive.
The 14th Amendment requires, “... counting the whole number of persons in each State...” in the census. It does not say, “... counting the whole number of citizens in each State...”
The Court’s base document is the Constitution & it’s Amendments.

The SCOTUS didn’t decide the issue, the returned it to the lower court saying not enough justification was provided. Fix? Update the legal argument & resubmit to the Court.

Read it here: constitutionus.com
The people to blame are the government’s lawyers who did not use enough justification to convince the Court that an Constitutionally optional question be added to the census.
The Constitution is very clear as affirmed by many Supreme Court decision that “people” means “everyone” and “citizen” means born in a jurisdiction of the US or naturalized.
In Mathews v. Diaz SCOTUS ruled:

“Noncitizens are entitled to Due Process protections under the #5A & #14A regardless of immigration status. Due Process protections do not, however, grant noncitizens all of the advantages and benefits of citizenship.”

Since Equal Protection & Due Process apply to anyone in the jurisdiction of the US, those people, though noncitizens, utilize government resources. It’s important to know how many people are in the US so immigration courts, enforcement, & processing are properly resourced.
Since noncitizens do not have all of the advantages and benefits of citizenship, it’s important to distinguish between citizens & non-citizens for allocation of government advantages and benefits. That’s why the citizen question should be on the census.
That the government’s lawyers didn’t make this argument to the Court is the fault of the Executive Branch and not the fault of the Supreme Court.
@POTUS (@realDonaldTrump) go to the Court with an urgent request for a writ of certiorari based on the argument that differentiating between citizens and noncitizens on the census is the only way to allocate representation of all, and the advantages and benefits for citizens.
When #Kavanaugh was appointed, everybody cheer that we now have a Supreme Court that would interpret the Constitution as written, and not make up what the Constitution says.
The Constitution is written and means the census counts everybody in each state for apportionment of Representatives in the House. The Supreme Court said just that.

I hope you’re unbanked now. //END
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