Completely unforced error. Court confirmed that Trump had the power to do this, if the Administration had handled it competently.https://twitter.com/hughhewitt/status/1146210053633916928 …
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But when you lie about the reasoning, they really gave Roberts no choice.
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This is a competence issue.
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Presumably the Court should have ruled petitioner’s case facially unconstitutional. Somehow the statute got involved. And somehow four conservatives who would be happy to overturn Chevron somehow were remarkably solicitous of agency discretion. C’mon.
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One, nobody argued the text. Two, the Administrative Procedures Act imposes *procedural* requirements aside from the issue of constitutional authority.
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Except the Census comes from Article 1, Section 2 which specifically does *not* specify citizens - it says the "whole number of free persons" (not counting Indians) and 3/5 of those enslaved folks who weren't citizens
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Explicitly where in 14A is the fed gov empowered to know how many citizens are in each state, as a right and duty?
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I assume he's referring to section 2, which amends how representation is apportioned (eliminating the 3/5 rule). The reference to citizens in section 2 is basically a threat: refuse voting rights to former slaves, and your census count gets slashed to male adult citizens only.
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You'll forgive me: do we have any states (and have we, post-VRA), where the right to vote is denied to any of the male inhabitants of any State, who are 21-years old and citizens (except for participation in rebellion, or other crime)?
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Some would claim so, and more to the point, the question is whether it may be possible before the next Census.
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