ACORN-izing the Census

[joeblast]

http://online.wsj.com/article/SB123423384887066377.html

 

'Those who cast the votes decide nothing. Those who count the votes decide everything.'

-Stalin

 

With a new major census coming out in 2010, redistricting becomes an issue here. Last year, it was recommended (signed) by every former president that the Census should become an independent agency. So what's Obama's move? Bring it into the White House and oversee it.

 

My mom works for the Census...and they can get fired for mentioning anything about their political preferences to try to maintain integrity...how much integrity is this going to have when the first eyes on it are from a cog of the Chicago machine?

 

Toto, I dont think we're in Kansas anymore...

[Taiji Bum]

The Democrats are every corrupt thing they accused the Republicans of being. They kept accusing W. of wanting a dictatorship but it will be Nobama that declares martial law.

[Smile]

I just read this yesterday related to ACORN:

 

Stimulus bill funds ACORN despite its history of corruption

[joeblast]

From the looks of it, this isnt even constitutional. The constitution puts the Census squarely in the legislative branch, meaning Obama has no authority whatsoever to spontaneously decide where the Census will report to.

 

 

 

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.

 

 

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." No president mentioned.

 

The Secretary of Commerce is the only authority the law recognizes in this instance. 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. And our lovely congress has done no such thing, at least not yet.

 

 

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.