Quote:
Originally Posted by dc_dux
Right and yet, if enumeration only refers to counting "free persons" how was it constitutional, that in 1790, the very first census also counted "property" in the form of asking those "free persons" if they owned slaves and how many. Shortly after, they counted how many acres of land one owned and if one's occupation was farming, commerce or manufacuting.
Any if that was constitutional, 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 (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.
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(Face-Palm...Deep Breath)
First of all, no one is saying that every action taken by the government, even early on, was constitutional. Whether anyone at the time saw it as unconstitutional and opposed it is likely, but generally unknown. So, the fact that they did things which were "unconstitutional" by your definition (which is ironic that you would bring that up to justify other unconstitutional acts) has little bearing on the argument today.
Secondly, and for the second time, the enumeration will occur in the manner directed by law. Manner means method. Enumeration means counting. Specifically, counting the people will be done in the method directed by law. In short, you can count the people in the most efficient method possible, as directed by law. You are spinning it to suit your argument, and you know it.
Third, the fact that you would bring up counting property (slaves) as an argument is asinine. You know good and well this mistake was corrected in the 14th amendment and in the civil rights movement. We all recognize that as a mistake which needed righted. As a matter of fact, after the first constitutional convention, all major arguments had been resolved except for two issues: apportionment of the congress and slavery. But, you probably knew that.