The Census, Citizenship, and Improved Legislation: A Constitutional Compromise

Authors

Kaitlyn A. MarquisFollow

Keywords

Census, citizenship, immigration, Right to Privacy, Constitution, Trump administration, government survey, Fourteenth Amendment

Abstract

Why should the census avoid asking a question concerning citizenship?

Are there alternatives in providing information to aid government

functions while still protecting the rights of residents? In

early 2019, the Trump administration requested that the 2020 census

include an inquiry concerning the citizenship status of residents, for

claimed reasons of better legislation (i.e. the allocation of government

funds to the states and the drawing of electoral districts). The

Supreme Court considered this issue in Dept. of Commerce v. New

York. In sum, their opinion was, “not yet.” The Supreme Court did

not definitively conclude that it was unconstitutional to inquire about

citizenship.

BYU ScholarsArchive Citation

Marquis, Kaitlyn A. (2020) "The Census, Citizenship, and Improved Legislation: A Constitutional Compromise," Brigham Young University Prelaw Review: Vol. 34, Article 11.
Available at: https://scholarsarchive.byu.edu/byuplr/vol34/iss1/11