James said that Ross not only violated the Administrative Procedure Act but also the Constitution's Enumeration Clause, which requires an "actual" enumeration of the population every 10 years.
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James said that not only did Ross violate the Administrative Procedure Act but also the Constitution's Enumeration Clause that requires and "actual" enumeration of the population every 10 years.
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"If it's just unclear … that is not sufficient to pay the cost of the steep decline in the enumeration because the enumeration is, after all, the primary purpose of the census," Underwood said.
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The ruling by U.S. District Judge Richard Seeborg in San Francisco found that the citizenship question violates the Constitution's Enumeration Clause, which requires "actual enumeration" of all people in each state every 10 years.
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This endless enumeration of new vulnerabilities isn't a form of paranoia.
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"You can't undermine the accuracy of the actual enumeration," Letter insisted.
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"People forget it is an enumeration of the population, but it's an enumeration of the population in housing units and in group-quarters facilities," said Joe Salvo, the director of the New York City planning department's population division.
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The Constitution requires an "actual enumeration" of the nation's residents every 10 years.
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The California and Maryland rulings, meanwhile, relied on both the APA and the constitution's Enumeration Clause (also known as the Census Clause)—an instruction to Congress to conduct an "actual enumeration" of everyone living in the country every ten years.
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But because of the "enumeration" requirement, the census isn't allowed to do any modeling.
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Constitutional questions at play Although Furman didn't rule on the constitutional questions, a judge sitting on the US District Court for the District of Maryland held that Ross' action violated the Enumeration Clause of the Constitution, which provides for an "actual enumeration" every decade.
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Constitutional questions at play Although Furman didn't rule on the Constitutional questions, a judge sitting on the US District Court for the District of Maryland held that Ross' action violated the Enumeration Clause of the Constitution, which provides for an "actual enumeration" every decade.
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"In order to best enforce this prohibition, an accurate enumeration of the number of citizens in America should be conducted, and the most accurate such enumeration would be one in which a question regarding citizenship were reinstated starting with the 2020 census," Mr. Goodlatte wrote.
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The Census Bureau traditionally selects one or more remote Native villages to begin its official enumeration.
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Wilbur Ross — whose agency is responsible for the census — is in breach of the Constitution's Enumeration Clause.
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The difference now is that we've automated all of this, and most of it is self-enumeration.
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Much of this is supposition, but Dunbar's deft enumeration of the possibilities doesn't just serve a literary end.
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They also found that, in diminishing the Census' accuracy, the question was at odds with the Constitution's enumeration clause.
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They will be counted along with the rest of us in the grand decennial enumeration that the Constitution's framers decreed.
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They will be counted along with the rest of us in the grand decennial enumeration that the Constitution's framers decreed.
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"You can't undermine the accuracy of the actual enumeration in order to get information for the Voting Rights Act," he said.
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The enumeration had become more difficult as Americans spoke more languages and became more mobile and their households became more unconventional.
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In fact, the bureau estimates that "in-office enumeration," as it is called today, will be 93 percent accurate this year.
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"We're laying the groundwork for a good enumeration," said Joseph J. Salvo, the chief demographer at the Department of City Planning.
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In a statement, Schneiderman cited the 28500th Amendment and the enumeration clause of the Constitution as potential areas for legal challenges.
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" The key word there is probably "all": this actual and also potential "all" could never be encompassed by enumeration but only by synecdoche or some other such "standing in for" that is essentially poetic or, as she writes in another poem, "indebted to lyric" and eschewing descriptive enumeration (blazon) in favor of "a sort of generic atmosphere.
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This means the decision to roll loaded dice on enumeration does not merely impact undocumented individuals, or permanent residents or minority citizens.
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That data isn't as comprehensive as the decennial census (and it's not an "actual enumeration," as the Constitution requires in apportioning Congress).
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" It reads, "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
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The lawsuit accused the Trump Administration of violating the Constitution's requirement for an "actual enumeration" of the "whole number of persons" every 10 years.
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The most important is what is called the decennial enumeration: a head count, every 10 years, of each and every individual in the country.
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"There is just one chance, each decade to get the enumeration right," New York's Attorney General Letitia James told the justices in court papers.
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Does the citizenship question violate the constitutional requirement that the census provide an actual enumeration of the number of people in the United States?
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Hazel also said the addition was "arbitrary and capricious" in violation of federal law and that it violated the Enumeration Clause of the Constitution.
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To ensure the accuracy of the constitutionally required count, the decennial enumeration is designed to be minimally intrusive: 10 questions taking 10 minutes or less.
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"There is just one chance, each decade to get the enumeration right," New York state Attorney General Letitia James told the justices in court papers.
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Saxony and Thuringia were both in old east, but as the above enumeration shows are often ranked next to booming Baden-Württemberg, Bavaria and Hesse.
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The Constitution calls for an "actual Enumeration" of each state's population every 10 years, and since 1790, Congress has enacted legislation to fulfill that mandate.
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It seems clear that Facebook is being conservative in its enumeration of Russian-linked accounts, and that very well may be the responsible thing to do.
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Amid the ritual enumeration of tech specs and price points, we risk ignoring how smart devices represent another example of consumer capitalism's bulldozing past political questions.
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In many European countries, in contrast, the schoolteacher would at least have a case, because their constitutions provide for a far more thorough enumeration of rights.
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" However, Article I Section 9 prohibits a "capitation, or other direct tax ... unless in proportion to the census or enumeration herein before directed to be taken.
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Following that ruling, the Supreme Court said it will also decide whether Ross' actions violated the Constitution's Enumeration Clause, which sets out terms for counting people.
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Those who aim to suppress the enumeration of immigrants and minorities in the census are clinging by the threads of power in an ever-changing nation.
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But the most jarring thing in the above enumeration—one that we understand quite well—is that it has the possibility of changing our food preferences.
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That 21950 percent G.D.P. growth is hardly unusual: We have had 225 quarters of growth at least this great since quarterly G.D.P. enumeration started in 21950.
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Rihanna da bizden giyiniyo #salt #saltbae His Instragram bio is simply an enumeration of his restaurant locations: Turkey, Dubai, Abu Dhabi, and "very soon all the world."
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The German Constitution, in contrast, which runs to over 140 articles each with multiple clauses, is essentially an exhaustive enumeration of positive rights (Austria's is even longer).
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Fifteen years later, a good portion of America still wants that eviction, but Al-Khatahtbeh's chronicle is more than just an enumeration of America's sins against Muslims.
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For the first time in nearly a decade, the Department of Homeland Security has updated its Common Weakness Enumeration list of the 25 mosts dangerous software errors.
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Adding the citizenship question to the decennial enumeration at this moment represents at best extreme recklessness, and at worst the weaponization of statistics, upending a basic constitutional command.
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Claims about Ross's power under the enumeration clause could not proceed, Furman ruled, but claims about how he had exercised that power and why he did so could.
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The actual Enumeration shall be made within three Years after the first Meeting of the Congress of the United States, and within every subsequent Term of ten Years.
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The Constitution requires an "actual enumeration" that counts everyone living in the United States, and that provision does not have a counterpart in every other country's foundational laws.
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Census Day is officially April 1, but remote enumeration started in January and the Census Bureau will send out national invitations to complete the survey online starting Thursday.
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The first 24 pages of his 29-page census ruling rejected the challengers' arguments based on the Constitution's Enumeration Clause and the requirements of the Administrative Procedure Act.
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The recurring accident enumeration portion of the Google report is thin: only one accident, in manual mode, in which the car hit the median at a blistering 9 MPH.
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It changed the state's attitude from that of previous censuses, such as the one called for in the constitution of the United States, which required only enumeration, not identification.
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The study findings were drawn from the Centers for Medicare & Medicaid Services National Plan & Provider Enumeration System and from 2015 Open Payment reports of industry payments to U.S. doctors.
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The Constitution mandates not a sampling or a survey but an "actual enumeration" — an effort to literally count as many of the country's residents as possible — every 10 years.
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Monsegur had used a trick known as domain name system enumeration to dig up one of the company's defunct subdomains that had once directed visitors to a third-party service.
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The documents, a petition for probate of the will and an enumeration of the estate's total property, were filed Thursday in the U.S. Virgin Islands, where Epstein had a home.
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"It may be," Ms. Underwood said, "that those countries either haven't examined or don't have the problem that has been identified — the problem of depressing the enumeration that the United States has."
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The legal complaints assert that requiring people to reveal their citizenship status will predictably depress participation, thereby preventing the government from obeying the constitutional command to conduct an "actual enumeration" every 10 years.
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The requirement that Congress conduct an "actual enumeration" of people living in America every ten years, the court concluded, is not violated when the government knows that a new question will decrease response rates.
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However, unlike the enumeration above, the mystery here lies not in what kind of meat it is—forensic analysis confirms that it is indeed pork—but how it landed on top of someone's house.
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The CMS-maintained National Plan and Provider Enumeration System's National Provider Identifier database includes unique identifiers, known as NPI numbers, for all US physicians, as well as information such as location and practice specialties.
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"Enumeration of sexual orientation in state anti-bullying laws is a first step," Ilan Meyer, lead author of the report and a senior public policy scholar at the Williams Institute, said in a statement.
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Lower court judges rejected those grounds as a pretext and declared the secretary's action -- taken without the usual Census Bureau testing and safeguards for new questions -- violated federal procedural rules and the Constitution's enumeration clause.
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Without permission, Netragard can only conduct what's called "passive reconnaissance" on the network—meaning their research relies on services like Censys, DomainTools, Google, basic DNS enumeration, and the normal browsing of public-facing web pages.
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"It is long settled that all persons residing in the United States — citizens and non-citizens alike — must be counted to fulfill the Constitution's 'actual Enumeration' mandate," the lawsuit stated, according to the Washington Post.
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But the Constitution still requires an "actual enumeration" to determine how many members of Congress each state will get, so that's what the census does: Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers [...] The actual Enumeration shall be made within three Years after the first Meeting of the Congress of the United States, and within every subsequent Term of ten Years, in such Manner as they shall by Law direct.
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"As noted, the Enumeration Clause and the Census Act grant [Ross] broad authority over the census, and plaintiffs may not ultimately be able to prove that he exercised that authority in an unlawful manner," he said.
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A second ruling from a judge in California, however, did find that the citizenship question would violate the constitution: because it would depress Latino response rates, it would keep the census from being a true enumeration.
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" Barbara D. Underwood, New York's solicitor general, representing states and localities challenging Mr. Ross's decision, responded that "the U.N. also says to be careful to test questions to make sure they don't interfere with the enumeration.
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Last month, according to the Bureau of Labor Statistics, the Census Bureau had only 230,2264 temporary workers on staff, in a potentially troubling indicator of the agency's level of readiness for carrying out the Constitutionally-required enumeration.
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Last Thursday, under the gilded courtroom ceiling, Roberts spent about half of his 15-minute announcement rejecting the challenge, based on the Constitution's enumeration clause and the federal Administrative Procedure Act, to the Department of Commerce's plan.
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Furman said the court "is compelled to conclude that the citizenship question is a permissible — but by no means mandated — exercise of the broad power granted to Congress and, in turn, the Secretary" under the Enumeration Clause.
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Perhaps the justices who appear poised to overturn the lower-court decisions really believe that Congress has delegated its constitutional census obligation to the secretary of commerce to conduct the enumeration however he wishes without judicial supervision.
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Moreover, the "physical signs" of human connectedness to the rest of the animal world are so deep and abundant (including DNA, cellular mechanisms, anatomy, physiology, paleontology, embryology, etc.) that their enumeration essentially occupies nearly all of modern biology.
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In exchange for receiving extra representation in Congress through the census' enumeration of each enslaved black person as three-fifths of a free person, the slave-holding states were required to ante up a corresponding amount of tax dollars.
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"As noted, the Enumeration Clause and the Census Act grant [Commerce Secretary Wilbur Ross] broad authority over the Census, and Plaintiffs may not ultimately be able to prove that he exercised that authority in an unlawful manner," Furman wrote.
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This was partly because of its inherent diversity of expression, and partly because of its eventual openness to humor, most winningly in a sly setting of "Their Bodies," an enumeration of the physical and emotional qualities of different penises.
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ONLY SIX sentences into America's constitution, the founders instructed Congress to conduct, within three years of its first meeting, an "actual enumeration" of people living in each state as well as additional headcounts "within every subsequent term of ten years".
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He dismissed a claim filed under the Enumeration Clause of the US Constitution — the section that mandates the census — finding that all three branches of government had already concluded that the census could include questions not directly related to a headcount.
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This course will guide you through five stages of the pen testing process — information gathering, enumeration, vulnerability scanning, exploitation, and post-exploitation — so you'll gain a comprehensive understanding of what it is and learn how to do it on your own.
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While Furman ruled the challengers' case can proceed under their claims that the question violated the Due Process Clause of the Constitution and the Administrative Procedure Act, he dismissed their claim that Ross had violated the Enumeration Clause of the Constitution.
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And while the government is prohibited from using sampling or modeling for the "actual enumeration" of how many people live in the United States, the Census Act actually encourages it to use demographic sampling to collect all this other data.
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Ben W. DickinsonNew York To the Editor: Article 1, Section 2 of the Constitution says that there will be an enumeration of the number of people in the states to determine the level of representation in the House of Representatives.
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The cable is built with Red Teams in mind with features like additional boot payloads, no USB enumeration until payload execution, and the ability to forensically erase the firmware, which causes the cable to fall entirely back to an innocuous state.
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The census is supposed to be an "actual enumeration" of everyone living in the US at the time, and demographers aren't allowed to use modeling to make up the difference if they believe that some groups haven't responded as frequently to it.
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The suit claims that the question was unconstitutional because the Constitution requires an "actual Enumeration" of every person living in the United States — and California Attorney General Xavier Becerra said the question will prevent that from occurring by suppressing non-citizen responses.
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Wealth taxes face an even bigger hurdle in the form of Article I, Section 20203, Clause 4 of the Constitution: No Capitation, or other direct, Tax shall be laid, unless in Proportion to the Census or Enumeration herein before directed to be taken.
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They hope to set aside decisions to hire one-third as many enumerators who physically visit homes as in 2010, halve census field offices and reduce community outreach, while ensuring that the government conduct the "actual enumeration" required by the U.S. Constitution.
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But Justice Douglas's observation that "specific guarantees in the Bill of Rights have penumbras, formed by emanations from those guarantees that help give them life and substance" describes a perfectly banal concept: The enumeration of rights, individually or collectively, implies the existence of other rights.
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In the lawsuit, filed in United States District Court in New York, the officials argued that adding the citizenship question would depress the response to the census by noncitizens and their relatives, thwarting the Constitution's requirement of an "actual enumeration" of the nation's residents.
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The dietary factors they honed in on were fruits, vegetables, nuts and seeds, whole grains, unprocessed red meats, processed meats, sugar-sweetened beverages (SSBs), polyunsaturated fats, seafood omega-3 fats, and sodium—the second half of that enumeration being staples of the American diet.
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With everything going on in Washington, you may have missed the recent news that the 2020 Census has been deemed a "high risk" federal program by the Government Accountability Office, which is concerned about the Census Bureau's "ability to conduct a cost-effective enumeration" in 2020.
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But some of the soldiers themselves spoke years later of orders that made them treat civilians like adversaries, let them fire weapons with little clear justification and measured success from body counts — the supposed enumeration of enemy dead that was likely to include anyone killed by American troops.
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There are respectable contrary arguments that might be made, under the Administrative Procedure Act or the Constitution's Enumeration Clause, or there would be, had the administration acted in the good faith that Judge Jesse Furman, ruling in the case now before the court, found to be conspicuously lacking.
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According to the Associated Press, field operations that were already going on included "primarily dropping off paper questionnaires at places with no fixed addresses and large numbers of seasonal workers" and preparing to count for the homeless population and the Group Quarters Enumeration, which includes student housing, nursing homes, and prisons.
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And voting rights advocates fear that generating citizenship data from the "actual enumeration" of the census would give the federal government the information it needed to apportion congressional seats based on how many citizens lived in each state, rather than how many people — something that would likely hurt Texas and California.
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The American Dialect Society has been awarding Word of the Year honors since 1990, but maybe it took this long for the stars to align just right — after all, the last two WOTY winners, SINGULAR THEY (2015) and DUMPSTER FIRE (2016), are nicely symmetrical (12 letters, with the same 8-13 enumeration).
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The justices will consider several key issues raised in the lower court rulings, including whether the Commerce Department violated federal regulatory law when it added the citizenship question and whether the question runs afoul of the Constitution's enumeration clause, which mandates a census every 10 years to determine the composition of the House.
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In recent decades, the Census Bureau had fought repeatedly to block the question, and in 2009, eight former directors of the bureau warned Congress that it "would put the accuracy of the enumeration at risk," because noncitizens and their relatives would either refuse to fill out the form or lie about their status.
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San Francisco-based U.S. District Judge Richard Seeborg this month found in a suit brought by the state of California not only that the administration failed to follow the correct process under federal law in adding the question but also that the move violated the Enumeration Clause, an issue not decided by Furman.
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"Because the Secretary ignored evidence regarding the impact of the question and provided no legitimate rationale to support it, the addition of the citizenship question would unreasonably compromise the distributive accuracy of the Census and the addition violates the Enumeration Clause," Judge George J. Hazel of the US District Court for the District of Maryland held in April.
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It was a testament to Huang's rhetorical finesse as well as his blunt enumeration of harsh social facts and personal truths that, by the end of his memoir, a careful reader might concede to him the right to deploy, in his self-assertion, some portion of a street vernacular developed by black Americans for their own use.
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In the aftermath of a March 6 ruling by a federal judge in California, the high court said it will decide whether Commerce Secretary Wilbur Ross ran afoul of the Constitution's so-called Enumeration Clause, which sets out the terms under which people should be counted in the census, when he added the citizenship question in March 2018.
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