Thread: Justice Roberts second guesses policy making decision on census, violates separation

​

Justice Roberts second guesses policy making decision, violates separation of powers doctrine

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.

Every U.S. Census since 1850 Asked About Citizenship Status Until OBAMA Removed That Question.
o
March 27, 2018

There's a lot of whining from certain individuals, groups, and anti-American factions of the U.S. media, because the 2020 U.S. Census WILL ask about Citizenship-Immigration status.

What they don't tell you, is that the Citizenship question has been a part of EVERY U.S. CENSUS from 1850 to 2000. The Barack Hussein Obama administration REMOVED this question from the 2010 census. (fyi.. The U.S. population count/census is taken every 10 years.)

What is striking in the 2010 census form is the lack of citizenship or birthplace question.

It appears that this is the first census to omit this inquiry. Question 13 of the 2000 census form specifically asked the following.:
Is this person a CITIZEN of the United States?
-Yes, born in the United States—>Skip to 15a
-Yes, born in Puerto Rico, Guam, the U.S. Virgin Islands, or Northern Marianas
-Yes, born abroad of American parent or parents
-Yes, a U.S. citizen by naturalization
-No, not a citizen of the United States

The 2010 Census website explains the issue, but fails to answer why the form changed suddenly this year. While it may be Constitutional to countevery person living in the United States, it should not preclude the Census Bureau from knowing what is the legal status of those living in the country.

SOURCE - From January 11, 2010: www.washingtontimes.com...

Just like today, the media was extremely liberal in 2010. They didn't report the sudden removal of the Citizenship question from the 2010 Census,because they knew why the Obama Administration did it. More Democratic voters, and potentially more taxpayer dollars to Blue states, like California. In addition, the Obama Administration could not be held accountable for allowing many millions of law-breaking non-citizens to enter and livein the United States, if Congress had no idea how many were here, and where they were living.

The Obama Administration thought Americans were too stupid to know they were being screwed by ObamaCare, and too dumb to understand the significanceof removing the citizenship question from the 2010 U.S. census. To Obama's dismay, Americans proved him wrong, and voted most Democrats out ofoffice, all over the country, from 2010 thru 2016.

Thanks to the Donald Trump Administration, the 2020 U.S. Census will return to tradition, and ask about citizenship, like it did from 1850 to2000.

-CareWeMust

http://www.abovetopsecret.com/forum/...huVT98gEIf2Axg

Additionally, how can the 2nd Section of the 14th Amendment be carried out without distinguishing citizens from non-citizens?

JWK

Obama's illegal DACA and removing the Citizenship question. DACA is illegal whether they came here 30 years ago or 30 seconds ago. They all need to be deported including their "anchor babies"...those babies were born here under the guise of FRAUD to game our system.

The entire Democrat party is corrupt, they LIE, they cheat, they steal from us everyday if FAVOR of foreign citizens who have no right to be in our country, no right to be represented in our government offices, and NO right to one taxpayer dime of our money!

SIGN THE BILL … "STOP EMBEZZEMENT OF TAXPAYER DOLLARS TO ILLEGAL ALIENS, FOREIGNERS, AND NON-CITIZENS" They need to be prosecuted for this. Billions of our tax dollars embezzled out of our Local, State and Federal budgets to fund criminal trespassing illegal aliens and non-citizens. We want this stopped now!

ordinary Americans tolerated this crap for some damn reason "UNTIL THE ILLEGAL ALIENS STARTED VOTING" now everybody is P.O. and EVERYBODY wants massive Deportations

Originally Posted by johnwk

​

Justice Roberts second guesses policy making decision, violates separation of powers doctrine

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.

Did you write this? If not, could you please provide a link. Thank you.

Originally Posted by MW

Did you write this? If not, could you please provide a link. Thank you.

It's mine. It's part of my findings during a pain staking research project I engaged in many years ago at the University of Maryland. I am so fortunate to have kept notes, especially quotes expressing fundamental rules governing constitutional construction.

JWK

The Democrat Leadership is correct! The border crisis has been manufactured. It has been manufactured by the Democrat Leadership in Congress refusing to protect our borders against an ongoing invasion.

Let us not forget that Obama asked this very question in the 2015 "THE AMERICAN COMMUNITY SURVEY", sent by the Census Bureau! Question "8" asked of "Person 1" reads "Is this person a citizen of the United States?"

​

JWK

The Democrat Leadership is correct! The border crisis has been manufactured. It has been manufactured by the Democrat Leadership in Congress refusing to protect our borders against an ongoing invasion.

President Trump needs to tell Justice Obamacare Roberts, the question is being asked for the same reasons Obama asked it!

JWK

The Democrat Leadership is correct! The border crisis has been manufactured. It has been manufactured by the Democrat Leadership in Congress refusing to protect our borders against an ongoing invasion.

,
In 2015 when Obama asked in the American Community Survey, “Is this person a citizen of the United States?”, one of the reasons he gave for asking the question is, it is “used to decide where new schools, hospitals, and fire stations are needed.” So, according to Obama, it’s important to ask “Is this person a citizen of the United States?” for the above stated reasons.

JWK

The Democrat Leadership is correct! The border crisis has been manufactured. It has been manufactured by the Democrat Leadership in Congress refusing to protect our borders against an ongoing invasion.