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Obama violating Constitution w/ census heist
Obama violating Constitution w/ census heist
There is a very interesting piece up at the excellent Samizdata blog about whether Obama's move of the Census to his personal control is unconstitutional. It really seems to be. 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? I don't see a whole lot of wiggle room in this and I think some lawyer type weasels ought to start pushing back at the Obama for this flagrant power grab. Do we really want ACORN, or some Chicago connected group, conducting the Census. Jonah G at NRO wonders how this would play if W had done it. I know it was discussed here earlier, but I have question: What would the lefty blogosphere would say about Bush moving the census into the White House's domestic policy shop (AKA Karl Rove's office)? In particular, what if they did it at the behest of members of Bush's coalition? http://ace.mu.nu/archives/282579.php
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