Roberts second guesses policy making decision on census, violates separation of power doctrine

Jul 2015
2,688
1,134
USA
#1
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 violated 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.
 
Last edited:
May 2019
417
72
USA
#2
Article II, Section 2 grants the court jurisdiction in cases of equity which is what this sort of really falls in.

I personally think that the left is shooting themselves in the foot. We need real data. They are just interfering with us getting objective data because they fear it would hurt their party. This is a pure power argument on their part.
 
Jul 2015
2,688
1,134
USA
#3
Article II, Section 2 grants the court jurisdiction in cases of equity which is what this sort of really falls in.

I personally think that the left is shooting themselves in the foot. We need real data. They are just interfering with us getting objective data because they fear it would hurt their party. This is a pure power argument on their part.

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

JWK
 
Jul 2014
14,742
9,013
massachusetts
#4
This question last appeared on the actual Census in 1950.
The question was added after the time for the regular process of adding questions had passed, bypassing the prescribed process, and motivated by data that showed this question would suppress the count of minorities.
It was put on the form to make the census less accurate. The administration has repeatedly lied to the court about the process by which this question was added.

Roberts is on the court, his only concern now is his place in history, will he considered a great jurist, or a Clarence Thomas style hack.
Apparently, he wants to be considered a great jurist, so he avoids the petty partisan votes that will be reversed over time, and he doesn't want to be lumped in with the likes of the "Filthy Five" that appointed Bush President.
 
Likes: foundit66
Dec 2015
17,084
16,026
Arizona
#5
Article II, Section 2 grants the court jurisdiction in cases of equity which is what this sort of really falls in.

I personally think that the left is shooting themselves in the foot. We need real data. They are just interfering with us getting objective data because they fear it would hurt their party. This is a pure power argument on their part.
 
Dec 2015
17,084
16,026
Arizona
#6
declan said:
Article II, Section 2 grants the court jurisdiction in cases of equity which is what this sort of really falls in.

I personally think that the left is shooting themselves in the foot. We need real data. They are just interfering with us getting objective data because they fear it would hurt their party. This is a pure power argument on their part.
The Left is attempting to point out the reality of this situation and for some dumb reason, NO ONE on the Right has figured it out. So once again:
If Trump wants to put the question on the census BECAUSE he thinks he'll ultimately find out how many illegals are in this country and WHO THEY ARE, HE and the rest of the GOP will discover something really remarkable. Any guesses?
They will find out that the illegals with even a low IQ WON'T answer the question. They will either skip it or lie...but I don't suppose that's ever occurred to all you folks...?
AND those of us who do NOT want the question on the census MAY ALSO refuse to answer the question OR LIE.
What's your next brilliant plan?
 
Mar 2013
9,941
10,712
Middle Tennessee
#7
Article II, Section 2 grants the court jurisdiction in cases of equity which is what this sort of really falls in.

I personally think that the left is shooting themselves in the foot. We need real data. They are just interfering with us getting objective data because they fear it would hurt their party. This is a pure power argument on their part.
Yup pure power grab, but by the REPUBLICANS !!! Below is the ONLY reason Trump tried to put the question on the census form.

Deceased G.O.P. Strategist’s Hard Drives Reveal New Details on the Census Citizenship Question

Files on those drives showed that he wrote a study in 2015 concluding that adding a citizenship question to the census would allow Republicans to draft even more extreme gerrymandered maps to stymie Democrats.
 
May 2019
417
72
USA
#8
Yup pure power grab, but by the REPUBLICANS !!! Below is the ONLY reason Trump tried to put the question on the census form.

Deceased G.O.P. Strategist’s Hard Drives Reveal New Details on the Census Citizenship Question

Files on those drives showed that he wrote a study in 2015 concluding that adding a citizenship question to the census would allow Republicans to draft even more extreme gerrymandered maps to stymie Democrats.
The SCOTUS just said gerrymandering is a political issue.....and going from a dead GOP strategist to the POTUS is jumping the shark backwards.
 
Jul 2015
2,688
1,134
USA
#9
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.
 
Jul 2015
2,688
1,134
USA
#10
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.