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Mid-Day Digest

Apr. 24, 2019


“Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons. The actual 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.” —Article I, Section 2 of the U.S. Constitution

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SCOTUS Leans Toward Census Citizenship Question

On Tuesday, the Supreme Court heard arguments in Department of Commerce v. New York, a case that challenges whether the Trump administration has the legal authority to include a citizenship question in the upcoming 2020 Census. As The Wall Street Journal reports, “Eighteen or so states argue that a citizenship question will deter immigrants from responding to the Census and result in an undercount of Hispanics, which would reduce federal funding and their representation in Congress. Three federal judges have sustained this extraordinary legal claim.”

As directed by the Constitution, the federal government is to conduct a census of the U.S. population every 10 years, and from 1790 to the present that directive has been followed. From 1820 to 1950, a citizenship question was included in the census, and up through the 2000 Census a citizenship question was included in the long-form questionnaire that was given to one-sixth of households. In other words, the 2010 Census containing no citizenship question is the outlier. And it is this census outlier that those opposed to the citizenship question are arguing should be the legal precedent.

The problem for these folks is that the Census Act grants the commerce secretary the authority to conduct the census “in such form and content as he may determine.” While they may contend that the inclusion of a citizenship question will negatively impact the ability of the census to provide accurate population numbers, claiming that those living in the country illegally will not return the questionnaire out of fear is merely speculative. Furthermore, they avoid the real issue, which is the electoral impact of high numbers of noncitizens, whether legal or illegal, on the representative governance rights of U.S. citizens.

As the oral arguments were submitted, it became apparent that the conservative justices weren’t buying the main argument against the inclusion of a citizenship question. Justice Samuel Alito expressed his skepticism, musing, “What jumps out is the fact that citizens and noncitizens differ in a lot of respects other than citizenship. They differ in socioeconomic status. They differ in education. They differ in language ability. I don’t think you have to be much of a statistician to wonder about the legitimacy” of the claim that the inclusion of a citizenship question would lower response rates. Justice Neil Gorsuch noted that “it’s not like this question is improper to ask.”

The expectation is that the Court will issue its decision relatively quickly, as the Census Bureau needs to begin the process of printing census materials in June. A ruling in favor of America (not just Trump) would undo a significant plank in the Democrats’ efforts to rig elections in their favor.

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Clinton the Consummate Hypocrite on ‘Obstruction’

“I think there’s enough there that any other person who had engaged in those acts would certainly have been indicted,” Hillary Clinton said Tuesday. After all these years, it’s a relief to see her come clean about the astounding level of privilege borne of corruption in Barack Obama’s administration that she enjoyed in walking away scot-free after illegally sharing classified information over an unsecured private email server.

Except she was talking about Donald Trump and obstruction of justice after Robert Mueller’s report. She said, “As I read [Mueller’s report] what I thought it said was, ‘Look, we think he obstructed justice … but we’re under the control of the Justice Department.’”

One of Bill and Hillary Clinton’s most obnoxious traits over the last 30 years is to hypocritically accuse their political opponents of exactly the shenanigans and crimes they themselves committed. (“The politics of personal destruction,” anyone?) Bill actually was charged with both obstruction of justice and perjury when he was impeached by the House in 1998. He only survived because Democrats in the Senate refused to convict.

And Hillary “would clearly have been indicted” for her email subterfuge had Obama and his deep-state actors not intervened. Former FBI Director James Comey’s higher loyalty was to Clinton, which is why she’s not in prison. Other Americans were imprisoned for less severe versions of her same offenses.

By contrast, Trump may be a loudmouth on Twitter who relentlessly objected to Mueller’s “witch hunt,” but as Attorney General Bill Barr made clear last week, “The White House fully cooperated with the special counsel’s investigation, providing unfettered access to campaign and White House documents, directing senior aides to testify freely, and asserting no privilege claims.” That utterly undercuts the Left’s obstruction claims, and it should have been enough for Mueller to not abdicate his prosecutorial mandate to come to that conclusion. Instead, he left the door open for demagogues and hypocrites like Clinton to continue insisting Trump is guilty of obstruction.

Clinton could perhaps be given one cheer for saying impeachment “should be something undertaken in a really serious, diligent way based on evidence, not on partisan advantage.” She applauded House Speaker Nancy Pelosi, who she said was “right to be cautious” about it. But even in this Clinton exposed her personal bitterness. “You don’t put impeachment on the table as the only item on the table and say you’re going to get there no matter what, which is what happened in ‘99,” she advised. That’s a grossly skewed perspective on her husband’s impeachment. Moreover, she’s actually just setting the table for the “serious, diligent” way Democrats eventually conclude to impeach Trump.

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For more of today’s columns, visit Right Opinion.


  • TEAM TRUMP FIGHTS BACK: “The White House plans to fight a subpoena issued by the House Judiciary Committee for former White House counsel Donald McGahn to testify… The Trump administration also plans to oppose other requests from House committees for the testimony of current and former aides about actions in the White House described in special counsel Robert S. Mueller III’s report… White House lawyers plan to tell attorneys for administration witnesses called by the House that they will be asserting executive privilege over their testimony.” (The Washington Post)
  • TAX-RETURN DEADLINE COMES AND GOES: “The Treasury Department on Tuesday missed a second deadline from House Democrats to provide President Trump’s tax returns. Treasury Secretary Steven Mnuchin said in a letter that the department can’t act on the request ‘unless and until it is determined to be consistent with law.’ He said that he expects Treasury to provide the House Ways and Means Committee with a final decision by May 6 after receiving legal conclusions from the Department of Justice.” (The Hill)
  • ABOUT THAT NEW POLICY ON HOMOSEXUAL LEADERS… “More than 200 individuals have come forward with new allegations of sexual abuse by members of the Boy Scouts of America in recent weeks as a trio of law firms seek to uncover unidentified child abusers. A few of the victims are young, still underage or in their 20s, but many have held their secrets close for decades,” reports USA Today. “Only a handful of the new allegations are related to previously identified perpetrators. About 90% … are new. … The Scouting organization faces 200 lawsuits that its insurance companies threatened to stop covering.” All told, there may be more than 12,000 victims.
  • THE CLOWN CIRCUS GROWS: “Former Vice President Joe Biden will announce his presidential bid Thursday morning with an online video… Biden will then appear in Pittsburgh on Monday for an event at a local union hall, NBC News has learned. Biden will then embark on a tour of the four early voting states — Iowa, New Hampshire, South Carolina and Nevada — in the following weeks.” (NBC News)
  • BURGEONING MIGRATION NUMBERS: According to the Texas Tribune, “Less than seven months into the fiscal year, the number of undocumented immigrants who have been apprehended or turned themselves in to U.S. Border Patrol agents in the Rio Grande Valley has already surpassed last year’s total.” The 164,000 illegals arrested just since October is higher than the 2018 aggregate of 162,262. “The increase is the result of an ongoing surge of migrants, most of them from Central America.” Meanwhile, the Washington Examiner reports, “The Mexican government says it has deported 15,000 migrants who illegally entered Mexico from Guatemala and had been traveling as part of caravans in hopes of reaching the United States’ southern border,” though “thousands more people continue to traverse the country intent on reaching the U.S.”
  • VILLAGE ACADEMIC CURRICULUM: “Beginning in 2020, many Advanced Placement students will be using an American History textbook that suggests President Trump is mentally ill and that depicts him and many of his supporters as racists. The book asserts that ‘[Trump’s] not very-hidden racism connected with a significant number of primary voters.’ What connected with a significant number of primary voters was Trump’s strong opposition to illegal immigration and his concern over terrorists entering the U.S. The textbook effectively characterizes these concerns as ‘not very-hidden racism’ and those who share them as racists. … The textbook goes further. It says that Hillary Clinton supporters ‘worried about the mental stability of the president-elect.’” (Power Line)
  • TRUMP DERANGEMENT SYNDROME IN THE UK: “President Trump will pay a state visit to the U.K. in early June, according to Buckingham Palace, which says Trump has accepted an invitation from Queen Elizabeth II to visit America’s closest ally. … Even before Buckingham Palace and the White House issued confirmation of the trip, protest groups in the U.K. announced their plans to demonstrate against the American president and his policies. ‘We have to march in huge numbers against his racism, misogyny, transphobia, and the threat he poses to the planet,’ activist and writer Owen Jones wrote, in a tweet that was shared by the U.K.‘s Stop Trump Coalition.” (NPR)
  • SRI LANKA UPDATE: “President Maithripala Sirisena demanded the resignations of two top security officials Wednesday as new details emerged about the nine suicide bombers who carried out devastating attacks that killed 359 people on Easter Sunday. Sirisena asked Pujith Jayasundara, the country’s police chief, and Hemasiri Fernando, the defense secretary, to step down amid a growing furor surrounding the government’s failure to act on intelligence warning of possible attacks on churches by an obscure Islamist extremist group.” (The Washington Post)
  • HUMOR: Hillary Clinton almost wins “Wheel of Fortune” but then shouts “Easter worshiper” instead of “Christian” (The Babylon Bee)
  • POLICY: Trump’s Iran sanctions are a risk worth taking (National Review)
  • POLICY: Elizabeth Warren’s college plan is a dance with elves (National Review)

For more of today’s editors’ choice headlines, visit In Our Sights.

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Michelle Malkin: “It’s the radical left, much of it fueled with [George] Soros’ money, that has hijacked the U.S. Census, not President Donald Trump. ‘No Illegal Immigrant Left Behind’ is crucial to their strategy. Why? Remember: The Census is used to divvy up seats in the House as a proportion of their population based on the head count. The redistribution of power extends to presidential elections because the Electoral College is pegged to the size of congressional delegations. More people equal more seats. More illegal immigrants equal more power. … Our Founding Fathers explicitly warned against the perils of foreigners manipulating representation by overwhelming the country. Immigration scholar and author Daniel Horowitz points to Supreme Court Justice Joseph Story’s prophetic admonition: ‘If aliens might be admitted indiscriminately to enjoy all the rights of citizens at the will of a single state, the Union might itself be endangered by an influx of foreigners, hostile to its institutions, ignorant of its powers, and incapable of a due estimate of its privileges.’ Statesman Roger Sherman similarly emphasized the need to ‘guard against an improper mode of naturalization’ by states adopting ‘easier terms.’”


Upright: “I think there are two big reasons why this country is so great. The first is our Constitution, which guarantees our freedom of speech and expression. The second is our free-market system. … It pains me to see people in this country glorifying socialism. Young people especially have been indoctrinated into believing that free enterprise is immoral because it enriches the greedy and depresses the poor.” —Home Depot co-founder Bernie Marcus

For the record: “There’s no collusion, says the special counsel. That takes one sentence. It doesn’t take 200 damn pages. It doesn’t take $35 million dollars.” —Mark Levin

Braying Jenny: “I’m more Palestinian in the halls of Congress than I am anywhere in the country [and] in the world. ” —Rep. Rashida Tlaib

Non compos mentis: “Tourist mecca Notre Dame also revered as place of worship.” —AP headline

Demo-gogues: “I accept that there’s a humanitarian crisis that is being caused by this president. There is a humanitarian crisis when you throw children into cages and separate families. That’s a human-rights violation. We can keep our country safe and strong and honor human rights as well.” —Sen. Cory Booker

The BIG Lie: “When it comes to the VA, all I can think of is that classic refrain that my parents always told me growing up. Which is that, ‘If it ain’t broke, don’t fix it.’ … This thing … provides the highest quality care to our veterans.” —Rep. Alexandria Ocasio-Cortez

Braying Jackass: “While I am a progressive feminist, I have often debated folks who are citing the Bible and shouting out Sodom and Gomorrah. That’s something they always say. And I would always push back and say, ‘Listen, if Jesus is so great, why weren’t you nicer? Why aren’t you kinder?’ … Jesus needs new PR. I always had that line growing up. Because, honestly, I think what Mayor Pete [Buttigieg] is doing — he is demonstrating how to actually be a Christian, to embrace people, to be more compassionate. I think that’s an example that crosses partisan boundaries actually.” —MSNBC political analyst Zerlina Maxwell

And last… “The biggest problem America faces are lost adults whose bizarre beliefs are saturating an entire generation of impressionable young minds.” —Rebecca Hagelin

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For more of today’s memes, visit the Memesters Union.



For more of today’s cartoons, visit the Cartoons archive.

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Semper Vigilans Fortis Paratus et Fidelis

Nate Jackson, Managing Editor
Mark Alexander, Publisher

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