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Author Topic: Congress Can ONLY Make Laws in Regard to The MANNER a Census is Taken  (Read 1686 times)
Optimus
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« on: March 19, 2010, 10:42:46 AM »

Article I, Section 2 does NOT authorize Congress to ask questions outside of enumeration of the people in the census. It only authorizes Congress to makes laws as to what Manner the enumeration takes place.

In Article 1, Section 2, the Constitution includes the phrase:

[An] 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.

Manner
http://define.com/manner

Quote
1. Mode of action; way of performing or effecting anything; method; style; form; fashion.

2. Characteristic  mode of acting, conducting, carrying one's self, or the like; bearing; habitual style. Specifically: (a) Customary method of acting; habit.

The Congress can make laws in regards to method, style, or form the census is carried out. But Congress can't go beyond the head count and make laws concerning questions outside of that.
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“The Constitution is not an instrument for the government to restrain the people,
it's an instrument for the people to restrain the government.” – Patrick Henry

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