“Does the Fourteenth Amendment Require Collecting Citizenship Data?”

Thomas Berry makes the case that it does, in Yale’s Notice & Comment administrative law blog.

He’s promised more on enforcing that reading tomorrow, with a hint of a note of caution.

One note: whether the basic argument is right or wrong, I noted last week that we currently collect citizenship data, in the ACS, which has a rather small margin of error at a statewide level (and is constantly updated, rather than arriving every decade). I don’t think Berry is making the point that the 14th Amendment requires collecting citizenship data on the enumeration rather than on the ACS, and so this comment isn’t particularly responsive to his piece. But I haven’t yet heard an argument that it’d be necessary to collect block-level citizenship data in order to enforce section 2 of the 14th Amendment.

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