Is Asking About Citizenship on the Census Unconstitutional?

We the People

National Constitution Center

News, News Commentary, History

4.6 • 1.1K Ratings

🗓️ 2 May 2019

⏱️ 53 minutes

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Summary

Would adding a citizenship question to the 2020 census—which a lawsuit argues could dissuade people from responding to it—violate the Constitution’s enumeration clause, which requires that an “actual enumeration,” or a counting, of all Americans be performed every ten years? Does it matter how and why the question is added? Tom Wolf, Counsel at the Brennan Center for Justice, and John Eastman, Professor at Chapman University School of Law, join host Jeffrey Rosen to debate these questions. They discuss the pending Supreme Court case Department of Commerce v. New York, in which numerous states are suing Secretary of Commerce Wilbur Ross over his decision to add a citizenship question to the census. Wolf and Eastman consider how Ross’s motive for asking about citizenship on the census might affect how the justices rule on the case, and offer a helpful historical deep dive into the census itself and its inclusion of questions regarding citizenship. Questions or comments about the podcast? Email us at podcast@constitutioncenter.org.

Transcript

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0:00.0	I'm Jeffrey Rosen, president and CEO of the National Constitution Center, and welcome
0:07.8	to We The People, a weekly show of constitutional debate.
0:11.3	The National Constitution Center is a nonpartisan nonprofit chartered by Congress to increase awareness and understanding of the Constitution among the American people.
0:21.0	Today we explore the case Department of Commerce versus New York, which arose after the
0:26.2	Commerce Secretary Wilbur Ross announced that the 2020 census would include a new question
0:31.5	asking people whether or not they are U.S. citizens.
0:35.7	Several states including New York and California challenge the addition of the question.
0:39.9	They argue that it violates the enumeration clause of the Constitution, which says that the government
0:44.6	must perform an actual enumeration of the whole number of persons in the United States
0:49.5	every 10 years.
0:51.1	Joining us to explore the fascinating constitutional and statutory questions on both sides of this important case,
0:57.0	we have John Eastman.
0:58.6	He is Henry Salvatore Professor of Law and Community Service at Chapman University's Fowler School of Law, where he previously
1:05.2	served as Dean.
1:06.8	He's also Senior Fellow and Director of the Center for Constitutional Jurisprudence at the Claremont
1:11.3	Institute.
1:12.3	John, it's wonderful to have you back.
1:14.0	Jeff, it's always a pleasure.
1:15.0	It's a terrific program.
1:17.0	Thank you.
1:18.0	And Tom Wolf is counsel with the Democracy Program at the Brennan Center,
1:21.0	where his work focuses on redistricting and the census.
	...

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