Quote:
Originally Posted by dksuddeth
several times throughout the debates, questions were asked about those very phrases. Madison and Hamilton expressly mentioned that such manner and laws can never be taken to extend beyond the powers already assigned congress. to do otherwise would render such constitution moot.
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Right and yet, if enumeration only refers to counting "free persons" how was it constitutional, that in 1790, the very first census (I assume Madison and Hamilton participated) also counted "property" in the form of asking those "free persons" if they owned slaves and how many. Shortly after (1820), the census asked if one's occupation was farming, commerce or manufacturing.
If it was constitutional to ask if you owned slaves in 1790, why is it unconstitutional today to enumerate other forms of "property" in terms of asking if one owns (or rents) one's home?
Or if it was constitutional to ask about one's occupation in 1820 (farming/commerce/manufacturing), where in the Constitution does it prohibit the government from "directing by law" that the census include questions about one's race/ethnicity or education level?
It seems to me, right from the start, it was deemed constitutional to enumerate more than just the number of "free persons"... "as they shall direct by law" as long as it did not cross the line of other limits on the powers of Congress.