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it's not a stretch to understand the original intent here.
While you stitch together what you feel the “original intent” might have been, could have been, probably was, through correspondences, letters, and whatever tea leaves used in your brand of divination, Gorsuch will probably slap you down with his famous textualism like he did last month.
Unless you can find the text in the Constitution that grants the government the power to modify “whole persons”, you will more than likely be left disappointed with an original intent guessing game argument.
The following quote from the actual memorandum that cuts to the heart of the matter (I suggest reading the entire thing for full context, but pulling out this sentence out of context does no harm, as in effect this is the central argument that is advanced by the administration, right or wrong).
The other thing to grasp is, this is both a purposeful use of Executive power but also a troll against Roberts. Trump issued this as a memorandum and not an Executive Order purposefully, because the Roberts just found in the DACA case that even unconstitutional orders could not be rescinded without following the procedures of the Administrative Procedures Act. In other words the Trump administration is leveraging the horrendous DACA decision to their advantage. If the Dems gain control they can unwind the memorandum, but not without pain.
From Reuters, written at a 9th grade level for most readers to understand:
The word "persons," Trump said in the memo, "has never been understood to include ... every individual physically present within a state's boundaries."
In fact it has, census experts say: Multiple federal laws have reinforced that apportionment must include everyone, and U.S. Supreme Court precedent has endorsed that view, said Joshua Geltzer, a constitutional law expert and professor at Georgetown Law.
The effect of the memo runs directly against the written word of the Constitution and decades of established legal standard. Not even addressing the practical issues involved, the fundamental basis of the memo will be deemed unconstitutional. You would very much be kidding yourself if you think the courts will not place an injunction on this action by the administration. You would be even more delusional if you think this will survive a court challenge.
Political theater? Yes, kabuki all the way. His base will love it. Look at the rabid supporters drooling here.
Will it distract from Trump’s failure in handling the pandemic? No.
Foreign nationals who are living in the United States unlawfully have no business in the United States and their numbers should not be used to make policy. They aren't supposed to be here.
I'm a foreign national who lives in the US 6 months of the year. I was reminded numerous times to complete the census. I have no obligation to do so.
Twice I had to send them back with the notation I am not a resident or a citizen before they finally stop coming to my address.
While you stitch together what you feel the “original intent” might have been, could have been, probably was, through correspondences, letters, and whatever tea leaves used in your brand of divination, Gorsuch will probably slap you down with his famous textualism like he did last month.
Unless you can find the text in the Constitution that grants the government the power to modify “whole persons”, you will more than likely be left disappointed with an original intent guessing game argument.
Textualism usually emphasizes how the terms in the Constitution would be understood by people at the time they were ratified, as well as the context in which those terms appear.
It's understnding is clear: No represention without taxation.
From the 14th amendment: “Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State...”
The whole number of persons, not the number of voters, not the number of voting men, not the number of adults with graduate-level education, not the number of non-felons, or whatever modifier to whole persons any Stephen Miller wing nut wants to dream up. Trump has already lost the citizenship question in Court because he is entirely incapable of understanding the US Constitution, and it is no surprise that he is at this again. But is no one in his administration educated enough to provide him with good counsel?
Is basic civic knowledge so lacking today?
Thank you. This is why the courts should toss Trump's executive order. It is blatantly unconstitutional.
Textualism usually emphasizes how the terms in the Constitution would be understood by people at the time they were ratified, as well as the context in which those terms appear.
It's understnding is clear: No represention without taxation.
Gorsuch disagrees. Sure, your idea may be clear in your fantasy land. Out here in the real world, not so clear. And you still haven’t found textual support in the Constitution that grants the government the power to add modifiers to whole persons.
Now to twist your delusion a bit... Remember, children are counted. Persons who are delinquent in their taxes, who have never paid a dime out to the federal government due to delinquency, fraud, or general cluelessness can still be counted. There is no provision in the text that says you can only be counted if you pay federal taxes. Also, undocumented immigrants pay federal, state, and local taxes. The CBO estimates that 50-75% of undocumented immigrants pay federal income taxes.
Gorsuch disagrees. Sure, your idea may be clear in your fantasy land. Out here in the real world, not so clear. And you still haven’t found textual support in the Constitution that grants the government the power to add modifiers to whole persons.
Now to twist your delusion a bit... Remember, children are counted. Persons who are delinquent in their taxes, who have never paid a dime out to the federal government due to delinquency, fraud, or general cluelessness can still be counted. There is no provision in the text that says you can only be counted if you pay federal taxes. Also, undocumented immigrants pay federal, state, and local taxes. The CBO estimates that 50-75% of undocumented immigrants pay federal income taxes.
Why do you keep calling them "undocumented immigrants"? That's not what they are under U.S. immigration law. They are illegal aliens! Yeah, those who pay federal income taxes on a payroll are committing felony ID theft in order to do so. They pay $19 billion a year in taxes while they cost us over $100 billion a year.
Gorsuch disagrees. Sure, your idea may be clear in your fantasy land. Out here in the real world, not so clear. And you still haven’t found textual support in the Constitution that grants the government the power to add modifiers to whole persons.
Now to twist your delusion a bit... Remember, children are counted. Persons who are delinquent in their taxes, who have never paid a dime out to the federal government due to delinquency, fraud, or general cluelessness can still be counted. There is no provision in the text that says you can only be counted if you pay federal taxes. Also, undocumented immigrants pay federal, state, and local taxes. The CBO estimates that 50-75% of undocumented immigrants pay federal income taxes.
He is in the election, so it's not his place to interfere!
Last edited by gordo; 07-21-2020 at 08:10 PM..
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