Faun
Diamond Member
- Nov 14, 2011
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No information gathered by the census will alter the number of representatives per state by merely adding the question of citizenship. All residents who respond will still be counted regardless of citizenship.Nonsense.It appears with all the noise about the question “Is this person a citizen of the United States?” we are overlooking Justice Roberts has usurped legislative power by second guessing a legitimate policy making decision.
In regard to this assumption of power Justice Stone reminds us that:
”The power of courts to declare a statute unconstitutional is subject to two guiding principles of decision which ought never to be absent from judicial consciousness. One is that courts are concerned only with the power to enact statutes, not with their wisdom. The other is that while unconstitutional exercise of power by the executive and legislative branches of the government is subject to judicial restraint, the only check upon our own exercise of power is our own sense of self-restraint. For the removal of unwise laws from the statute books appeal lies, not to the courts, but to the ballot and to the processes of democratic government.” U.S. v. Butler, 297 U.S. 1, 78-79 (1936)
Additionally, the court in Hillis v. Department of Ecology, 131 Wash. 2d 373, 932 P.2d 139 (1997) pointed out:
”Just because we [the courts] do not think the legislators have acted wisely or responsibly does not give us the right to assume their duties or to substitute our judgment for theirs.”
And, in ELDRED et al. v. ASHCROFT, ATTORNEY GENERAL (2003) the court unmistakably confirmed:
…..we are not at liberty to second-guess congressional determinations and policy judgments of this order, however debatable or arguably unwise they may be…The wisdom of Congress' action, however, is not within our province to second guess.
And finally, Justice Black, quite eloquently addressed the issue as follows:
"The public welfare demands that constitutional cases must be decided according to the terms of the Constitution itself, and not according to judges' views of fairness, reasonableness, or justice." – Justice Hugo L. Black (U.S. Supreme Court Justice, 1886 - 1971) Source: Lecture, Columbia University, 1968
The bottom line is, Justice Obamacare-Roberts has repeatedly violate the most fundamental cannons and principles of our constitutionally limited system of government and the fundamental rules of constitutional construction by interfering with a legitimate question being replaced on our census form . . . “Is this person a citizen of the United States?”
JWK
Without a Fifth Column Media and Yellow Journalism [ourMSM], the crisis at our southern border would never have grown to what now amounts to an outright invasion and threatens the general welfare of the United States.
The decision has nothing to do with determining the constitutionality of an act of Congress.
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Baloney. Congress delegated almost unlimited power to the Executive Office over the censes. Additionally, we are talking about a policy making decision, which is not within the courts assigned duty to second guess.
JWK
And you would be wrong. The Census is NOT the purview of the Executive branch. The numbers gathered are for the use of the Congress, in setting spending priorities, not the Executive branch.
The conduct and tabulation of census data is the purview of the executive branch. That data is used by every level of government for various purposes. But the primary purpose of the census is to determine the allocation of representatives throughout the US.
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