Will the 2020 census include the question: “Are you a U.S. citizen?” A recent ruling by Judge Jesse Furman, an Obama appointee on the U.S. District Court of Southern New York, has thrown the matter into doubt.

Judge Furman ruled to drop the citizenship question from next year’s decennial census. In doing so, he disregarded the precedent for including the citizenship. This precedent has a history that dates back to 1820 and was continuously used from 1890 to 1950 on every census, and continues to this very day in the American Community Survey.

The decision threatens the integrity of our electoral system because the census count is used to determine the allocation of House seats and Electoral College votes. Moreover, Heritage Senior Fellow Mike Gonzalez reminds us that it is irrational to think that the census can ask questions on race, ethnicity, sex, sexual orientation, and age, yet it cannot ask the only question that should matter to a color-blind, self-governing republic.

Senior Legal Fellow Hans von Spakovsky joined Gonzalez in urging President Trump to take the issue all the way to the Supreme Court—and quickly. The deadline for finalizing the census form is this June. We are happy that the administration asked the Supreme Court to intervene.

It’s your support that allows Heritage experts to keep track of the legislative proposals—and the court rulings—that can preserve or destroy our American way of life. Thanks for helping us to do that.

Read Von Spakovsky and Gonzalez here>

What else can conservative movement do to prevent liberal judges from hijacking public policy?

Comments (39)

Walter Glucklich - January 25, 2019

Restore the citizenship question on 2020 cencus.

Dawn - January 25, 2019

Federal judges should not have the ability to enjoin persons or entities outside its venue.

Ron - January 25, 2019

I believe getting this ruling changed is critical. We all know that a lot of bogus votes seem to show up that support leftist candidates at the last moment and that often we see more votes tallied in some districts than three are voters. One Georgia candidate indicated she was okay with illegals voting. This kind of corruption needs to end. Having the citizenship question on the ballot can be lied about but it can also help clean up the process.

Barbara Burk - January 25, 2019

We surely need accurate census and the questions that have been in place all of these years.
Perhaps the county records can keep better records of the deceased sent to the polling, and keep better track of the registered voters. And,use ID, they need it, whether they have a drivers license or not.

Virginia Keating - January 25, 2019

Replace liberal judges at the very first opportunity.

Virginia Keating - January 25, 2019

Only citizens vote and only with valid photo ID and proof of citizenship.

Carl Smith - January 25, 2019

The only thing that is effective and under Federal Law is Illegal.
Keep plugging away and after Mueller finishes his crime seeking mission maybe a Non-Partisan Special Council can be appointed to uncover the REAL Crimes Mueller has ignored.

David B Goedde - January 25, 2019

Create a roster of impeachable judges because they have constitutional lapses of memory. Try impeaching some of the most vulnerable…. to get the message out. Just a recommendation of impeachment would go a long way.

Catherine Bliss - January 25, 2019

As with voting & drivers licensing…prove citizenship , everyone ( birth certificates, naturalization papers, etc.) before you can get a drivers license or more importantly VOTE !

Judith Stockstill - January 25, 2019

President Trump needs to get rid of more of the liberal judges. I see red every time a judge rules against our President. I am so proud of him, and everything he has done to improve our country. It is so obvious that he loves our country the way we do. So when a lower court judge attempts to defeat President Trump, I want him fired!

Judith Stockstill - January 25, 2019

Liberal judges who hijack public policy should be fired! We should not tolerate judges on our payroll who become an impediment!

In fact, we should not tolerate anyone on our payroll who becomes an impediment and an obstruction!

Patricia Walker - January 25, 2019

Impeach/remove activist judges who violate the Constitution in order to promote a political ideology.

Citizenship question vital for the purpose of counting CITIZENS to determine correct number of Congressional representation. Illegal aliens and non-citizens should not be considered for determining Congressional representation or Federal funds dispersement.

John Townsend, Sr. - January 25, 2019

I am pleased that Heritage is working to improve the quality of America’s schools and the integrity of our schools both of which have been in decline for years, esp. under the Obama years. Internationally, we need an emphasis on restoring the Monroe Doctrine which has also been forgotten for years with Communist Russia and China making inroads into this hemisphere and no-one lifting a finger to stop them.

ROY SHOULTS SR - January 25, 2019

Similar to Mr. Goedde’s remarks, I strongly believe threatening Liberal judges with impeachment whenever they fly in the face of the Constitution, no matter how slightly, should be mandatory.
The motivation of the Left is to build Castles In The Sky whose foundations are abhorrent to the Constitution, i.e., one world with no borders, and the Left in total control.

David Matz - January 25, 2019

What is the purpose of the census?
And why don’t we want to know,
Are you a U.S. citizen?
This is all about fear on the left.

Sally Ann Milavec - January 25, 2019

Extend the voting period to 10 days. Only allow voting in person with a valid voter id and photo id. Only American citizens can vote. Military members who are out of the country are only absentee or mail in voter—no exceptions. They’re stealing our elections.

Douglas Shearer - January 26, 2019

The American Policy Roundtable did an hour long broadcast that said our constitution gives our Senate the authority over our federal courts, including the Supreme Court. If that’s true the Senate should be reigning in our federal courts and restricting what they can rule on, like abortion, like redefining marriage. Unfortunately I do not think our Senators have the courage to do the right thing, or the knowledge that they can.

Charles - January 26, 2019

Voter ID

To buy alcohol or tobacco you have to show a state issued photograph ID.
For access to port facilities etc., we have submit fingerprints to get Twix cards which require background checks.
To get a hazmat endorsement on your commercial drivers license you have to submit fingerprints and go through background checks.
To buy fire arms we have to go through NICS checks which can be done on a computer in a matter of minutes.
The only reason that we cannot get real voter ID is that the Bolsheviks are pushing the nation into a single party putch for permanent tyranny.

Robert Quinton - January 26, 2019

Show that judges that legislate from the bench are breaking the law/

David Rumbaugh - January 26, 2019

Start impeaching liberal judges for violating their oath of office. Most liberal judges, based on the opinions they hand down, are definitely forsworn. If they will not keep their oath of office, why should we keep them?

Jim Kline - January 26, 2019

1) The “judicial strategy “ of the Left must be turned against them by challenging every liberal initiative in selected “conservative friendly” courts.
2) While judges , for many valid reasons, would still be appointed for life, there should be a process whereby the can be removed from the bench if a given number of their rulings are overturned & determined to be activist, ie based on opinion vs rule of law & judicial precedent.

Mona Mistric - January 26, 2019

Is the census used to determine how many electoral college votes the states receive? If the answer is yes, then it is imperative the census question remains on the document.

Daniel H. Van Winkle - January 26, 2019

Enforce the recent Supreme Court ruling written by Justice Kavanaugh which requires lower courts to follow the letter of the law as it is written unless the law is ambiguous. The case was Henry Schein Inc. vs Archer an White Sales Inc. A trivial case with important consequences, supporting the Federal Arbitration Act.

Betsy Spencer - January 26, 2019

The Constitution provides right to vote to Citizens. Not to illegals. So unless there is an effort to ensure that my vote (and your vote) is not diluted with illegal voting, the Constitution and therefore the right to a democratic republic that was fought for (at a great cost) is going to be handed to those with a less-than-forthright agenda. Please protect the freedoms of Americans.

Betsy Spencer - January 26, 2019

During the last primary election in Alabama, the four poorest counties had around 40% turnout. Most counties were in the 14% range. Alabama requires voter ID. If voter ID unfairly deterred the poor, this would be a highly unexpected outcome. Start publishing the facts about the effects of voter ID laws and don’t let them continue to argue that it unfairly hurts the poor. That is not an observed effect.

John R. Carr - January 26, 2019

Impeach judges. Send the message that ignoring the Constitution is not acceptable.

Thomas Shaffer - January 26, 2019

Since the Decadal Census comprises the opportunity for determining the number of U.S. residents, it provides a perfect time for determining the U.S. citizen population.

Carl - January 26, 2019

continue to fight for conservitive ideals..

Jon Kirsch - January 26, 2019

Is the constitution being misinterpreted? What gives local judges the right to stop the executive branch from carrying out policies that the executive branch deem are constitutional. I think it is fine if the supreme court challenges those policies, but not any courts below them. Please research this and lets change it.

Robert E Hodge - January 26, 2019

Why couldn’t we establish a requirement for every appointee for a judgeship to successfully complete a comprehensive course of study on our Constitution, conducted by Hillsdale College, preferably, before they assume the office. Such a course would naturally include a serious study of all documents related to the Constitution, with a focus on what they can contribute to a complete understanding of what our Constitution says, and what were the authors’ intended meanings. We could, for those who might feel they should not need that sort of thing because they already have a “complete & proper understanding” of our Constitution, prepare an extensive test of their understanding, that must be passed with an excellent grade, before they assume a judgeship position.
After all, they surely must have to go through a “swearing in ceremony” when they assume such such a high and important position, don’t they??? One in which they swear allegiance to our country and to uphold the Constitution of the U.S, to the best of their ability, etcetera , etcetera,… don’t they?? Don’t they?????

Henry Dziczkowski - January 26, 2019

These liberal judges (no doubt all Democrats) need to be exposed for maintaining an issue allowing border crossers easy access into our nation, knowing all of them are potential voters that will support the Democrat agenda, one of Obama’s nefarious intentions.

james niedermeyer - January 27, 2019

Bring declaratory judgment actions in favorable jurisdictions (not packed with lawless, left-wing judicial hacks).

Don Lush - January 27, 2019

Get on National T.V. (FOX) And explain to the American people what the Constitution requires and what will happen if it is not followed . Expose the lies for what they are and let the real truth Shine ! Amen

Robert Sonnelitter - January 27, 2019

Challenge the practice of letting the rulings of one district court apply to the entire country. A district courts ruling should only apply to its own district.

William Coates - January 27, 2019

Judges who ‘push the enve’ beyond the original intent of the Constitution must be impeached, but that will require conservative courage in both houses of Congress.

Steven Crain - January 27, 2019

“Furman, an Obama appointee, bought into the plaintiffs’ arguments that the citizenship question would lead to an undercount of illegal residents—and Hispanics in general—despite the lack of evidence supporting that claim.”

… would lead to an undercount of illegal residents… Duuuh!

Why does the Constitution requires a census? …. for the purpose of determining a States’ representation in the Congress and taxation. Read the enumeration clause.

Therefore, counting the illegals in a given State would give those states and their cities who harbor illegals more representation in the Congress than they’re entitle to… unfairly diminishing the voice of States that do not welcome illegals.

Knowing the “reasoning” behind the three-fifths clause will make this clear as day.

Most ALL of the other [*[email protected]#$%%] that’s been attached to todays’ census… added by Congress’ via statute in the name of the “general welfare clause” is a misinterpretation of that clause and a violation of Amendment IV of the Constitution which states:

“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

Note the terms “unreasonable” and “probable cause” then look at todays’ Census (as it is today, the ACS). Unreasonable, absolutely; and, where’s the probable cause?

And the “chain” placed on government… “shall not be violated”.

The Constitution is quite clear on why and what’s required. Nothing more.

William Hall - January 27, 2019

Do an Executive Order, bypassing
congress, and the judges. He has executive order as President to do this.
Obama did 25 Exec Orders to buypass

Richard Nelles - January 27, 2019

citizenship question is perfectly fine in a census questionaire

Sharon Kempfer - January 28, 2019

I think we need to earnestly pray. You are doing a great job of educating, but Americans have such a tendency to believe whatever the media tells them without investigating the truth of the information. They so often sugar-coat the facts and don’t give the whole truth. Please keep up the great work. I am so thankful for your organization.

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