Updated - Against The Law: Obama’s Bid To Control The 2010 Census
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In Article I, Section 2 the US Constitution orders that “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.”
The Congress, by law directed that:
“The Secretary [of Commerce] shall perform the functions and duties imposed upon him by this title, may issue such rules and regulations as he deems necessary to carry out such functions and duties, and may delegate the performance of such functions and duties and the authority to issue such rules and regulations to such officers and employees of the Department of Commerce as he may designate.”
As I read it, the Director of the Census must, by law, be within the Department of Commerce and under the direction of the (Senate approved) Secretary of Commerce who then reports to the president. Am I missing something?
Correction: From reading through Title 13, Chapter 1 it appears obvious to me that the POTUS has no role in the census whatsoever beyond, with Senate approval, selecting the Secretary of Commerce and, also with Senate approval, selecting the Director of the Census who ” shall perform such duties as may be imposed upon him by law, regulations, or orders of the Secretary.” Hhmmm… No president mentioned.
The Secretary of Commerce is the only authority the law recognizes. Since as commenter Laird points out, the Constitution did not place the census function in Article II - the Executive branch but in Article I - the Legislative branch, it is not at all within the President’s reach unless the legislature places it there.
I think that interpretation is supported by phrasing such as this taken from Subchapter 1 section 9 “No department, bureau, agency, officer, or employee of the Government, except the Secretary in carrying out the purposes of this title, shall …”
The Secretary of Commerce does not even report his findings to the President, but rather is instructed to ‘publish’ them. It looks quite clear to me that any incursion by the White House after those two Senate approved appointments is clearly against the law.
House Republican Leader John Boehner (R-OH) statement from earlier post.
Fox News: A political battle has erupted over next year’s census with Republican lawmakers protesting President Obama’s decision to take a bigger role in supervising the process.
The Census Bureau director, who reports to the commerce secretary, now also will keep the White House directly in the loop.
The White House says it is following a historical precedent and that this simply shows that the census is a priority for the president. But Republicans say it looks like a political power grab.
“The United States census should remain independent of politics,” House Minority Leader John Boehner, R-Ohio, said. “It should not be directed by political operatives working out of the White House.”
“I’m very concerned,” Rep. Marsha Blackburn, R-Tenn., told FOX News. “The Census Bureau has worked for decades to get rid of the cronyism and the partisan politics that had permeated that agency.
“And they have done it by bringing professionalism to the agency and making certain that individuals that came there went through a very thorough process. Anytime there is an administration that will tamper with that, this is a concern to anyone.”
Blackburn, a member of the House Energy and Commerce Committee, says the committee will hold hearings to investigate the change.
The census count is supposed to be a non-partisan process. But it also helps to determine how congressional lines are drawn. And it shows the demographic changes of the nation of the past 10 years, which could shift billions of dollars in federal funding for things like schools and roads and job training.
Some Republicans suspect this could be a move by the White House to gerrymander those political boundaries so they benefit Democratic candidates.
The move comes after some advocates worried that Sen. Judd Gregg, R-N.H., Obama’s nominee for commerce secretary, wouldn’t push hard for a count of Hispanics and other minorities in the census.
Boehner said the White House oversight “appears to be motivated by politics” because Gregg has been picked by Obama to take over the Commerce Department.
But Obama officials insist they’re simply returning to the model used under President Clinton.
“I think the historical precedent of this is there’s a director of the census that works for the secretary of commerce, the president and also works closely with the White House to ensure a timely and accurate count,” White House spokesman Robert Gibbs said.
The Clinton and Bush administrations had different ways of dealing with the census. The Clinton administration placed a panel of experts at the Census Bureau in charge of adjusting data for people the census missed or double-counted. Clinton officials said it would insulate the decision from political pressure.
The Bush administration changed those regulations before that panel ruled on the 2000 results, leaving it up to the commerce secretary to oversee the bureau’s work.
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The alien crack and crank whore just stole $800 bil from the taxpayers to redistribute.
Stealing the census will be a cakewalk.
For TPS & My assessment of the situation from the related post from yesterday:
Amen TPS -
We the People, better stand up soon. This is not just going to go away…
The Democrats are playing a game of checkers (a game of annihilation), while the republicans are playing a game of chess (strategic maneuvers and posturing).
If you love your country, make a stand against this type of takeover.
When Obama appointed Napalitano to head the Department Of Homeland Security, I asked myself, how did an extremely liberal democrat, Born & raised in NY, become Governor of a die hard Red state like AZ. Do you think she moved there because she liked the weather?
How long did she live in AZ before first running for office?
In watching coverage of voter registration of people in the US, I found it rather “Spooky†if you will that not one journalist commented on the fact that Obama supporters were moving to red states because they felt the particular state needed more representation of Democrats. More votes for Obama. Then after the election, moving back to where they came from.
If so called “Average†citizens are doing this, who’s to say theres not a larger group pushing extreme Liberals into red areas to take over red states by running for higher offices like our now head of DHS?
This is how the game “Checkers†is played.
Am I wrong or isn’t the 350 bil. President Bush left the vag scab plus the 800+ bil. he is now asking for over eleven hundered and fifty billion or 1.15 trillion?
This skid mark wants an immediate OK to redistribute 1.15 trillion??? Oh no you don’t.
Does it really matter anymore? our colleges and universities are all pushing “liberalism” the republican numbers will only get worse as time moves on. Unfortunately, the children of this country are becoming more and more brainwashed by the day.
Laws don’t apply to him. Nor do they interest him.
Does it really matter anymore? our colleges and universities are all pushing “liberalism†the republican numbers will only get worse as time moves on. Unfortunately, the children of this country are becoming more and more brainwashed by the day.
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Damn….Don’t give up man. Don’t ever give up. EVER!!!
NEVER FUCKEN GIVE UP!!! IF you know the educational system is brainwashing children, make sure that your children are aware of this….give them the tools, educate them yourself….don’t leave it up to the libertards to make another!.!.! NEVER GIVE UP!
I raised my daughter in San Jose and Santa Cruz, CA (Code Pink land) and she is now in the US Army and married to a career soldier.
So, there is hope! And I place it squarely in our newest generation of Combat Vets. The ME! ME! ME! 80’s are history and the Clinton-No-Values decade is done. We have thousands and thousands of young people who grew up real fast in the first decade of the new century and they have a different perspective than Joe College. They also understand the concept of Integrity and Leadership. Not much of that was exercised during the 80’s and 90’s.
Never give up!!
In France, gas is $8 a gallon. I hear a lot of French complain and yet the socialists still keep getting elected to power. I often wondered how despite the high taxes and erosion of rights.
Wisconsin used to be a fairly red state. In the late 80’s and early 90’s we saw a massive influx of blacks from Chicago. Wisc. offered them higher welfare benefits and lower cost of living. Now why in the hell would you choose to IMPORT another state’s poverty?
Then it hit me. The marxists need a large, permanent underclass to keep themselves in power. So no, it doesn’t surprise me one bit to see Napolitano (open borders) and now this. Import a large underclass permanently dependant on the government while taxing the productive members of society.
The 2010 elections are 20 months away. It is time to start standing up good conservative candidates. Start recruiting now and start campaigning now for House and Senate - replace all Demons that are up for election. Change the House and Senate in 20 months and then change out the rest of the mess in 2012. Gotta start today.
If you want to know the mechanism by which it is being controlled along with the unprecedented power transfer; http://www.msnbc.msn.com/id/29078957/ The Dept of Homeland Security is under presidential directive and is being given even more power under this new administration. I took the test for a position. My first test director proudly announced, immediately after inauguration, that ‘Dear Leader’ is doubling the number of ‘hirees’ to ’stimulate’ the stimulus. The 2006 est was $14 billion with 500,000 HHC’s in the hands of ? ‘Enumerators’. The latest guestimate is..? I wrote the January post about my experience on; DaFlikkers
This is in order to hide the true numbers of muztards and wetbacks in this country until it’s too late to do anything about them.
Talk about manipulating the system and ignoring the Constitution! Let’s not be so naive to think this wasn’t planned long ago. We need to start standing up and screaming that this disregard of the Constitution is not going to fuckin’ stand anymore! Remember all my military/law enforcement brothers and sisters out there your oath is to the Constitution and not some dirtbag politician!!!