Imagine, if you will, that during the Bush Administration, conservative groups complained that they didn’t trust an incoming cabinet member to administer a program within his Department’s purview. Onstead of reassuring those groups that he had every confidence in his appointee to do his job without prejudice, the president (or his representative) told those groups not to worry as he would run that program out of the White House.
Imagine further that in accordance with its responsibility as spelled out in Article I of the Constitution, Congress passed a law giving that Department the authority to administer the program. Moving it to the White House would thus violate federal law.
You’d hear quite an outcry, wouldn’t you?
That’s exactly that scenario which played out last week as the White House “responding to minority groups’ concerns about [Commerce Secretary-designate Judd] Gregg’s commitment to funding the census, has decided to have the director of the Census Bureau report directly to the White House.”
Oh, well, not exactly, there was no media outcry.
At least three bloggers (one of whom a political reporter) seem to be more familiar with the constitution and federal law than the Obama White House staff. Midwesterner at samizdata citing Article I, Section 2 of the US Constitution, “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,” has found that law. It gives the authority to conduct that enumeration to the Secretary of Commerce (via Instapundit).
Evil Monk at Righteous Rantings, citing the same statute, doesn’t “see a legal base for giving [White House Chief of Staff Rahm Emanuel control of the Census.“Â Echoing both bloggers, Michael Barone thinks the White House Census Power Grab May Violate the Constitution:
Article I, Section 2 of the Constitution provides for an “actual enumeration” and a statute passed by Congress provides that the duties under this clause are to be performed by the secretary of commerce. Article I (as Joseph Biden didn’t know in debate) is about the legislative, not the executive branch.
So, with the White House possibly violating the constitution, you’d think this story would be leading the news. But, a few google news searches show that (as of post time), while some in the MSM had reported Republicans’ criticism of the White House power grab, the only MSM coverage of the possible constitutional violations was the inclusion of quotes from Republican officials (or from readers in the comments section).
As I was checking my lines for this post, I discovered that with the foresight which characterizes the Greek goddess to whom I have compared her, Jennifer Rubin (with a title provided by Glenn) addressed this theme before I did: IMAGINE IF Karl Rove had run the census.
UPDATE: Rich Noyes at Newsbusters asks and observes:
So will the networks get around to holding the Obama White House accountable to the Constitution and the requirements of a fair, non-political Census next year? I’ll bet they’d be all over the story if George W. Bush and Karl Rove were still in the White House.
At first I was going to poo-poo this as more conspiratorial clap-trap, but the more I read about it the more I think you might be right that it’s an overreach. Initially I would have thought that be delegating the authority to an executive agency Congress was effectively delegating it to the president, but in reading through the law and what other commentators have said, I have to admit there’s a credible argument this is an overreach. Interesting. Is it work an “extra” edition or leading off every half-hour on CNN or Fox? Probably not, but it is interesting and a fair point. Cheers.
“Those who cast the votes decide nothing. Those who count the votes decide everything.” —Communist Tyrant and mass murderer Josef Stalin (attributed)
Title 13 of US Code is really really clear about where Congress put the authority, and it’s not in the White House. The Sec’y of Commerce can delegte it to others–the White House can’t delegate it for him.
Since Obama’s earnest drive to convince the nation to weaken its economic strength through redistribution as well as weaken its national defense, COUPLED WITH HIS UNPRECEDENTED WHITE HOUSE TAKEOVER OF DECENNIAL CENSUS TAKING FROM THE COMMERCE DEPARTMENT, has confirmed the very threats to our Republic’s survival that the Constitution was designed to avert, it no longer is sustainable for the United States Supreme Court and Military Joint Chiefs to refrain from exercising WHAT IS THEIR ABSOLUTE CONSTITUTIONAL DUTY TO DEFEND THE NATION FROM UNLAWFUL USURPATION. The questions of Obama’s Kenyan birth and his father’s Kenyan/British citizenship (admitted on his own website) have been conflated by his sustained unwillingnes to supply his long form birth certificate now under seal, and compounded by his internet posting of a discredited ‘after-the-fact’ short form ‘certificate’. In the absence of these issues being acknowledged and addressed, IT IS MANIFEST THAT OBAMA REMAINS INELIGIBLE TO BE PRESIDENT UNDER ARTICLE 2 OF THE UNITED STATES CONSTITUTION. Being a 14th Amendment ‘citizen’ is not sufficient. A ‘President’ MUST BE an Article 2 ‘natural born citizen’ AS DEFINED BY THE FRAMERS’ INTENT.
I have suspected that Barak Obama has little respect for the Constitution that he was sworn to defend. His choice of Eric Holder, an enemy of the Second Amendment, Nancy Pelosi and Chuch Schumer´s desire to have the Fairness Doctrine enacted. is an assault on the First Amendment. In a previous post I had opined that if Obama was lucky enough to be elected to a second term that he would propose an Amendment to repeal the 22nd, so that he could run for a third and fourth terms. A day after the inauguration a Democratic congressman announced that he is already drafting a proposal to bring to committee to amend the Constitution to repeal the 22nd Amendment. This is typical of the radical left world wide. Chavez was rebuffed last year so he has another referendum on Feb. 15th to continue until 2019. Morales and Correa both have drafted Constitutions that extend their and their socialist/communist parties in power. Both have succeeded with about a 60 to 40 vote, although opposition parties claim fraud and intimidation at polling places as the reason for new constitutions winning the referundum in their respective countries.
Well, if former Sen Judd Gregg as Commerce Secy is anything of his past note, he’ll make loud, clarion noises after he’s sworn in… he’s no dummie, no wallflower and as a long-standing member of the Sons of the American Revolution, he knows the independence of the USCB is vital. As a GOP stalwart, a lawyer and a guy with an ego bigger than NH, I doubt even the White House will be able to get the kind of control over the US Census Bureau that folks are rightly concerned about today.
If it was Richardson, I’d be alarmed. If it was some GOP shrinking violet, I’d be concerned. But a proven Washington insider with Gregg’s pedigree? I think the chickens will be safe from the White House weasel in chief.
More proof that the number one priority on Obama and the Democrats agenda is abusing policy to cement Democrat power.
Look it is liberals and leftists who believe the Constitution is a “living document”. What that means is they can make it say anything they want it to say. And most of the American people have gone to public schools that don’t teach anything about government. Except that a nanny state is preferable. They want ACORN census workers to be able to “estimate” the number of Democrat homeless folks at the underpasses in Philly and Pittsburgh.
The silence from the libs is deafening.
Undoubtedly they are waiting for the DailyKos and Talking Points Memo to tell them what to think.
Now, here’s an example of chutzpah: The Republicans didn’t get their act together enough to challenge Obama for not being constitutionally qualified to be President as an Article 2 “natural born citizen” so Obama’s White House steals the census from the Commerce Department against the specific instructions of the constitution itself — “actual enumeration” under Article 1.
#11 – Unless you are Joe Biden. Then you think the executive branch is covered under Article I.
And they say GWB was stupid? Puh-leeze.
Regards,
Peter H.
Apparently the talking points have still not come in.
I am astonished that your site unlike all the other sites, actually quotes the constitution. This is shining light in the illiterate atmosphere of today’s politics shadowed by heresay and innuendo in today’s politics! Catch this Fox new!
Okay, I am a liberal, but I do not support anarchy and wish the census to stay under the Commerce department. It determines school funding, congressional and senatorial districts, among other funding issues. I don’t support this measure. To label it liberal, is just that a bigoted label that is made by someone who doesn’t study all the facts. I think your article is great, just some comments are off key. This possible subversion of power is something that should be watched, such as the probable initiation of government funded youth groups, such as the ones in Russia.