There is a controversy brewing most the Justice Department's asking that the adjacent census enquire most citizenship status. The work organization is that this query may discourage noncitizens from answering the census in addition to so Pb to an undercount of that population that would behavior on all sorts of authorities programs, including representation inwards the House of Representatives.
I convey a carve upwards suggestion. If nosotros are going to add together novel questions to the census most citizenship, in addition to then I would advise reviving i that was asked inwards the 1870 census. The modern version would enquire all citizens inwards a higher house the historic catamenia of eighteen whether their correct to vote has e'er been "denied . . . or inwards whatsoever agency abridged, except for participation inwards rebellion or other crime." This is linguistic communication from of Section Two of the Fourteenth Amendment, which states that if states deny or abridge suffrage to presumptively eligible voters to excess in addition to then their representation inwards Congress shall endure reduced.
In a paper forthcoming in George Washington Law Review, I debate that the electrical current reapportionment organization for the House of Representatives violates Section Two of the Fourteenth Amendment. Adding a voting rights query to the census would non cure that problem, precisely it would help.
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