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How President Trump can use 14th Amendment to put citizenship question back on the 2020 Census
American Thinker ^ | 07/05/2019 | Thomas Lifson

Posted on 07/05/2019 6:24:16 AM PDT by SeekAndFind

President Trump holds winning cards on the census citizenship question, both politically and legally. An overwhelming majority, 67% of Americans, see such a question as legitimate, and those who want to obscure the difference between citizens and non-citizens have an argument that will not add to the ranks of those voting Democrat in the 2020 presidential race. Moreover, despite media spin (“American pride has hit an all-time low, a poll finds”), emphasizing the increase in the number of Americans who aren’t proud (almost all of the increase among Democrats who only love America when a Democrat is president), fully 72% of Americans are “extremely proud” or “very proud” of being an American.

With progressives increasingly defining themselves as anti-American and the Democrats’ presidential field intimidated by the left extreme of their base, President Trump’s struggle to include a citizenship question can be positioned as a fight for the interests of Americans in contrast to the interests of border violators. Especially in light of a convincing legal strategy that somehow escaped the notice of the Solicitor General of the United States, Noel Francisco, whose office argues the federal government’s cases in court.    

Section 2 of the 14th Amendment provides that if a state denies the franchise to anyone eligible to vote, its allotment of House seats shall be “reduced in the proportion which the number of such . . . citizens shall bear to the whole number of . . . citizens . . . in such state.” This language is absolute and mandatory. Compliance is impossible without counting how many citizens live in each state.


(Excerpt) Read more at americanthinker.com ...


TOPICS: Constitution/Conservatism; Culture/Society; Front Page News; Government; News/Current Events; Politics/Elections
KEYWORDS: 14thamendment; 2020; census; citizenship; constitution; electoralcollege; faithlesselectors; fourteenthamendment; nationalpopularvote; npv; votefraud; walkaway
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1 posted on 07/05/2019 6:24:16 AM PDT by SeekAndFind
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To: SeekAndFind

The 14th Amendment was adopted in 1868, and this provision meant to secure the voting rights of newly freed slaves. But it wasn’t limited to that purpose. An earlier version of Section 2, introduced in 1865, specifically referred to limits on suffrage based on “race or color,” but the Senate rejected that limitation. The amendment forbids state interference with the rights of all eligible voters (then limited to males over 21).

Section 2 also applies to every state, a point Rep. John Bingham, the amendment’s principal drafter, emphasized during the floor debate: “The second section . . . simply provides for the equalization of representation among all the States in the Union, North, South, East, and West. It makes no discrimination.”


2 posted on 07/05/2019 6:25:05 AM PDT by SeekAndFind (look at Michigan, it will)
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To: SeekAndFind
Somehow I don't see a single Obama/Clinton/Carter appointee anywhere in the country agreeing with this "no problem" attitude...and that goes double for the 9th Circus.

It must be acknowledged that every one of these terrorists in black robes sees the Constitution as a "living document",which means that they can rule that it says anything they want it to say.

3 posted on 07/05/2019 6:31:01 AM PDT by Gay State Conservative (A joke: Comey,Brennan and Lynch walk into a Barr...)
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To: Gay State Conservative

Here’s how Trump can do it according to this article:

1) Trump should issue an executive order stating that, to comply with the requirements of Section 2 of the 14th Amendment, the citizenship question will be added to the 2020 census.

2) He can then order the Commerce Department to undertake, on an emergency basis, a new Census Act rulemaking.

EXPECTED RESPONSE:

That would trigger another round of litigation. Opponents would choose a federal district court likely to block it again, and the Justice Department would have to seek the Supreme Court’s intervention during its summer recess.

While rare, such an emergency review has happened before. With the justification for the citizenship question being clear and compelling, the administration should prevail.


4 posted on 07/05/2019 6:34:40 AM PDT by SeekAndFind (look at Michigan, it will)
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To: SeekAndFind

Yes he could but Trump has yet to use any of these types of manauvers to get somthing done. I put the chances of the question making it at 1 in 10 at best. Frustrating as hell but that’s how l see it.


5 posted on 07/05/2019 6:34:49 AM PDT by gibsonguy
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To: SeekAndFind

I’ll put this another way. If you can’t ask me if I am a citizen then how on earth can you ask me how much money I make? How can you tax me if you can’t establish my citizenship? If you can ask me if I am a citizen for the purposes of taxing me, then asking me if I am a citizen for the purposes of establishing representation to Congress from the states is just as Constitutional and valid.


6 posted on 07/05/2019 6:37:36 AM PDT by Uncle Sham
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To: SeekAndFind

The constitutionality of the citizenship question on the 2020 ballot is a slam dunk. Allowing illegals to vote without fear of any punishment destroys the very foundation of the electoral system. The citizenship question won’t completely stop the illegal voting but it will put a dent in it.

The Dems are encouraging illegals to vote. So is Justice Roberts. One wonders if he bothers to check the Constitution and it’s Ammendments before deciding on his uninformed positions on issues like this.


7 posted on 07/05/2019 6:48:07 AM PDT by InterceptPoint (Ted, you finally endorsed. A)
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To: SeekAndFind
Especially in light of a convincing legal strategy that somehow escaped the notice of the Solicitor General of the United States

When you're Uniparty, black-letter law that benefits the peasants ALWAYS "escapes your notice".

8 posted on 07/05/2019 6:51:22 AM PDT by kiryandil (The Media & the DNC tells you who you're gonna vote for. We chose Trump.)
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To: Uncle Sham

If non-citizens are counted and their numbers are used to determine congressional seats then a citizen’s vote is in effect being diluted. In other words there could be new congressional districts that wouldn’t exist except for the counting of non-citizen votes.

If I live in a state with 10 congressional districts, a newly manufactured 11th district decreases my representation (just like when a corporation increases the outstanding number of shares of stock and dilutes the voting power of all of its shareholders).

Basically this amount to disenfranchisement.


9 posted on 07/05/2019 6:55:13 AM PDT by Starboard
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To: SeekAndFind

Taxpaying citizens are not being represented in accordance to the Constitution.


10 posted on 07/05/2019 7:02:47 AM PDT by momincombatboots (Do you know anyone who isnÂ’t a socialist after 65? Freedom exchanged cash, a medicare card control.)
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To: Uncle Sham

I didn’t know that you HAD to be a Citizen to be taxed on earnings in the US.

That’s because you don’t.


11 posted on 07/05/2019 7:41:55 AM PDT by 1FreeAmerican
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To: SeekAndFind

Wow, excellent point. I had thought about using it for state legislatures, but yes, you’re right...


12 posted on 07/05/2019 8:29:48 AM PDT by scrabblehack
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To: SeekAndFind

Easy to put the question on the form, just ignore the corrupt Supreme Court as well as all Federal Judges. The support for this is Executive Order and tell Justice Roberts to go to hell.


13 posted on 07/05/2019 8:32:50 AM PDT by Logical me
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To: SeekAndFind; All
"Section 2 of the 14th Amendment provides that if a state denies the franchise to anyone eligible to vote, its allotment of House seats shall be “reduced in the proportion which the number of such . . . citizens shall bear to the whole number of . . . citizens . . . in such state.” This language is absolute and mandatory. Compliance is impossible without counting how many citizens live in each state."

The Roberts Court got it wrong on the census citizenship question imo.

In addition to the feds needing to know the number of citizens to be able to comply with Section 2 of the 14th Amendment, also consider the following.

The post-Civil War congressional record shows that discussion related to Section 2 shows concern that renegade states who manipulate ballot box by allowing undocumented Democrats (my term) to vote in order to weaken the voting power of majority citizens are effectively nullifying the "Uniform rule of Naturalization Clause," Clause 4 of Section 8 of Article I.

It's not surprising that PDJT is keeping his eyes open for Democratic ballot box fraud in 2020 elections.

Patriots need to support PDJT in working with the states to allow only citizens who present valid citizenship / photo ID cards to be allowed to vote, such cards scannable and / or containing security chip to facilitate “vision-impaired” Democratic voting officials.

Patriots also need to elect a new patriot Congress in the 2020 elections that will not only promise to support PDJT's vision of MAGA, now KAG, but will also promise to uphold their oaths to protect and defend both citizens and the Constitution.

Remember in November 2020!

MAGA! Now KAG!

14 posted on 07/05/2019 9:22:49 AM PDT by Amendment10
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To: Amendment10
Yes indeed: KAG !!!
15 posted on 07/05/2019 10:00:23 AM PDT by Kaslin
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To: SeekAndFind

bkmk


16 posted on 07/05/2019 10:11:55 AM PDT by Sergio (An object at rest cannot be stopped! - The Evil Midnight Bomber What Bombs at Midnight)
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Comment #17 Removed by Moderator

To: momincombatboots

Taxpaying citizens are not being represented in accordance to the Constitution.


Missed by the ultimate “ but” weasel John Roberts..

He had shown he will use pretzel logic to come up with a counter argument.

So he thinks , a political motive was behind this.... When does politics have a bearing on a simple are you legal or illegal..

And he’s supposed to be the countries top lawyer... Joke


18 posted on 07/05/2019 10:35:37 AM PDT by patriotspride
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To: SeekAndFind

The initial impetus for the 14th was to simply impose the 2nd Amendment on the States, because of the ‘night rider’ issue of democrats disarming, then intimidating and killing freed blacks after the Civil War. From there it grew to imposing the entire Bill of Rights on the States, under the theory that if we’re going to impose one, might as well impose them all, while we’re at it. The congressional debates about the 14th are very interesting.


19 posted on 07/05/2019 11:39:48 AM PDT by curious7
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To: SeekAndFind

Bump!


20 posted on 07/05/2019 11:45:57 AM PDT by Jim Robinson (Resistance to tyrants is obedience to God!)
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