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"Every government interference in the economy consists of giving an unearned benefit, extorted by force, to some men at the expense of others."

Ayn Rand

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IS THIS CONSTITUTIONAL?

By
Neal Boortz
@ February 10, 2009 8:27 AM Permalink | Comments (14) | TrackBacks (0)

That's kind of a silly question. The Constitution is clearly just a celebratory inconvenience nowadays. But for those of you who are government educated, we are going to refer to the Constitution for a moment .. so pay extra attention. You might learn something.

The census is written into the Constitution. 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."

Now, a question. Which branch of government is outlined in Article I of the Constitution? Any takes? If you guessed the Legislative branch, then give yourself a pat on the back.

Now, the next question .. if the census is set forth in Article I of the Constitution and not Article II (that would be the Executive branch) .. how did it end up under the Commerce Department in the first place? And how can the Obama White House now claim control? Is this White House power-grab as legal?

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What others are saying

  • "Executive" = "Executes The Laws"
    This is like asking why the FBI is part of the executive branch. The definition of "executive branch" is the branch of government charged with executing (i.e. carrying out the immediate hands-on operation of) the law.
    By Marcus @ 02/11/09 12:54:03 PMreport abuse
  • Power is delgated by an Act of Congress
    It was an Act of Congress in 1849 that delegated the responsibility of the census to the newly formed Dapertment of the Interior. It was another Act of Congress in 1903 that moved the census responsibilities to the Department of Commerce. It can now ONLY be another Act of Congress that takes this function away from the Department of Commerce and it is MOST CERTAINLY unconstitutional for President Obama to attempt to make this change via an Executive Order because that power is granted only to the legislative branch (Congress). So what lawsuit do we need to file to stop this Obomanation and abuse of power?
    By JstJoan @ 02/10/09 10:39:39 PMreport abuse
  • Census
    The first Census was taken under the direction of Thomas Jefferson acting as the Secretary of State. This has been an Executive branch operation from the start.
    By Chris @ 02/10/09 06:54:23 PMreport abuse
  • US Code concerning the Census
    By law, Title 13 of the US Code, the Bureau is continued as an agency within, and under the jurisdiction of, the Department of Commerce. The President appoints the Secretary Of Commerce with advice & conent of the Senate. The law does not specifically state the duties of the Secretary, and therefore the President has the authority to make adjustments.
    By Batman @ 02/10/09 06:40:55 PMreport abuse
  • Census
    I'm not a Constitutional scholar but I think the census was mandated in Article I because its purpose is to determine how many representatives each state has in the House. It doesn't seem to me that Article I gives the power or authority concerning the census to Congress.
    By Keith @ 02/10/09 11:24:28 AMreport abuse
  • Legality
    Yes it's legal. Unless you like the idea of Congress DOING things they are limited to writing laws directing the executive how to perform the actual deed and setting a budget controlling how much money they can spend.
    By John Morris @ 02/10/09 10:49:44 AMreport abuse
  • What Constitution
    The Constitution doesn't exist anymore. It's irrelevant. Liberals ignore it to suit their wants and desires. It is no more valid than the toilet paper I used last night and less useful in this administration. We, as a nation, are headed for the dustbin of history under the tyranny of government oppression. One thing for sure, we're headed for either a peaceful course correction or a revolution. Expect the socialist Democrats to know this and come after private firearms ownership next.
    By Jimbob @ 02/10/09 10:47:56 AMreport abuse
  • Come On, Neal
    I expect better of you than this... Article 2, Section 1: "The executive Power shall be vested in a President of the United States of America."

    That being said, though, I like what you say about the Constitution that it's a "celebratory inconvenience." Very true.
    By Big B @ 02/10/09 09:51:37 AMreport abuse
  • While you're talking constitution...
    Can you please inform us on air of whether these things are constitutional? or Whether people like Thomas Jefferson or James Madison would have been in favor of them?


    Bailouts of ANY kind
    Stimulus packages of ANY kind
    The Patriot Act
    Pre-Emptive War
    Attacking 3rd world countries with no ability to retaliate
    Foreign aid to countries with islamic dictators
    Spending packages to Israel
    Policing the world
    Trying to tell the middle how they should live
    Subsidies
    Wire tapping.
    Selling weapons to unstable countries.
    Extended military presense and spending in countries that pose no threat to America.
    By Red Leader.... @ 02/10/09 09:45:15 AMreport abuse
  • This is rich!
    "Is this White House power-grab as legal?"

    Now, with this Administration, we're worried about Whitehouse power grabs and Constitutionality?

    We was the outrage during the Bush years?!
    By Jeremy @ 02/10/09 09:13:34 AMreport abuse
  • More hypocrisy
    Oh, look. Now that Bush is out of office, Boortz has suddenly discovered the Constitution again. NOW, it's important.

    What an amazing coincidence.
    By Copyleft @ 02/10/09 08:58:27 AMreport abuse
  • why Commerce?
    ... because the "Manner as they (Congress) shall by Law direct" was to delegate that to the Dept. of Commerce. Any Executive Order to the contrary directly violates the law. By issuing such an Executive Order, I think (IANAL) our new Prez has become a criminal and violated his oath of office. Now, we just need Boehner or someone to call him on it, then its off to the Supremes to resolve.
    By Eric S. @ 02/10/09 08:44:53 AMreport abuse
  • Same Thing
    I was thinking the exact same thing yesterday! I even used your website to make sure the wording for the census was in the legislative branch article. Now, too bad our own Congressmen are ignorant of their own powers.

    I wonder who would have standing to bring something like this up in court, though? The SCOTUS has decided that we ordinary citizens cannot challenge the constitutionality of almost anything, so "we the people" are basically screwed.
    By Libertarian42 @ 02/10/09 08:37:13 AMreport abuse
  • Surely...
    ...A Constitutional Law professor should know this...
    By Jim @ 02/10/09 08:33:16 AMreport abuse
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