Comments on: Michele Bachmann — Wingnut or Constitutional Heroine?

By: Jaybee

Jaybee — Fri, 16 Apr 2010 16:02:55 +0000

Article I, sec. 2: “… 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. …”

enumeration: Main Entry: enu·mer·ate
Pronunciation: \i-ˈn(y)ü-mə-ˌrāt\
Function: transitive verb
1 : to ascertain the number of : count
2 : to specify one after another : list

Tell me exactly how this refers to the ‘Census’ being allowed to ask questions related to race, income, etc.?

It allows the ‘enumeration’ to be performed in ‘such manner as they shall by Law direct’ … i.e. you can go door to door, mail, telephone, etc.

And can anyone please tell me that they did NOT use ‘Census’ information to inter Japanese during WWII?

Do you trust that could not be used again in times of war, conflict or civil unrest by EITHER side?

By: Charles Marshall

Charles Marshall — Sat, 20 Mar 2010 13:26:46 +0000

Federal statutes and codes etc derive their authority from the Constitution, the highest law in the United States. If it is not in the Constitution, then it is left to the states. Some people want to change the Constitution, but it would be better for them to move to China or California.

By: Barton Fink

Barton Fink — Fri, 19 Mar 2010 16:28:55 +0000

I urge all rightwingers to avoid the census. Live in fear. Make up nonsense, spread it on Fox and through Glenn Beck’s radio show, and continue to be irrelevant to America and to the future of the world. You’ve built yourself a nuthouse with deafening echo, and you’re comfortable there — remain there, please, and let the rest of us live our lives. With health care. With equality before the law. With liberty and justice for all. Thanks.

By: Alan J. Scholl

Alan J. Scholl — Tue, 16 Mar 2010 15:57:01 +0000

You notice how all the big-government, leftist, socialist, my-country-right-or-wrong people here seem to FORGET conveniently that the Constitution was MADE to LIMIT government? And conveniently IGNORE the FACT that this bureau has already been used to oppress and persecute based on the very information that people are protesting? Race? Hello? Where are the “Profiling” nutcases among those same liberals who claim all the murderers and thieves in prisons are only there because GOVERNMENT has a BIAS?
It’s obvious that the “census” is NOT the simple “enumeration” called for by the Constitution. It is just one more of the supra-governmental buracracies evolving from the same Orwellian morass that has grown out and over the intended severely limited federal government the founders designed, and has spawned all those other liberty-destroying entities.
Horay for one elected official who remembers the document they ALL swore an oath to uphold when taking office.
Alan J. Scholl, MBA
Exec. Dir. American Opinion Foundation

By: DR. Norman L. Barrow

DR. Norman L. Barrow — Tue, 02 Mar 2010 07:02:15 +0000

I plan on following the constitutional requirement and give the number of people residing at my address; nothing more

Dr. from Kentucky

By: Vera

Vera — Sat, 20 Feb 2010 23:37:52 +0000

Действительно и как я раньше не подумал про это
Я знаю сайт с ответами на интересующую Вас тему.
Поздравляю, очень хорошая мысль
Толку от этого мало.
Авторитетный ответ

By: John Eidsmoe

John Eidsmoe — Sun, 19 Jul 2009 04:45:09 +0000

Nuvee, Just saying Congresswoman Bachmann and I are WRONG does not make it so, even when you put it in all capital letters.
I’m puzzled by your argument that matters of the U.S. Code are independent of the Constitution. But Article VI § 2 provides that “The Constitution, and Laws of the United States which shall be made in Pursuance thereof … shall be the supreme Law of the Land.” Through the Constitution we, the people created Congress and delegated to Congress certain powers. The Constitution does not even use the term “census;” rather, through Article I § 2 we delegated to Congress the authority to conduct an “enumeration.” Congress therefore has power to conduct this enumeration or head count for the purpose of apportioning representatives in Congress and for direct taxation, but nothing in the Constitution authorizes Congress to require any more information beyond the number of people living in a household.
Also, I’m wondering why you seem so emotional about defending the federal government’s right to force us to divulge private information. And how well do you know Congresswoman Bachmann, that you feel qualified to diagnose her as an “attention starved publicity hound”? As I noted in the post, she was my student and my research assistant, and her family and mine have been good friends for over twenty years. I respect your right to disagree with her views, but when you question her sincerity I will tell you flatly that you are wrong.

Alex, You make a good point when you note that “The Constitution says that the census is to be carried out ‘in such manner as they [Congress] shall by law direct.’” But please note again that the Constitution does not use the word “census;” it uses the term “enumeration.” Congress has discretion to determine the means of conducting the enumeration (mail, telephone, visiting houses, etc.), but Congress has no authority to transform the enumeration into a comprehensive survey that goes beyond anything the term “enumeration” could reasonably be defined to mean.

By: Alex

Alex — Mon, 06 Jul 2009 16:03:24 +0000

Sal says, “The issue here is that you both claim that the U.S. Code supercedes the constitution(the Supreme Law of the land)??”

Huh? No one said that at all. We’re saying the Constitution doesn’t prohibit the way the Census is being carried. There’s no Constitutional issue in the first place. Heck, even the very first census in 1790 asked more questions than a “head count.” Seriously, this is a pretty settled matter; the Supreme Court has upheld collecting more data than just a “head count” multiple times.

Oh, and by the way:
Sal says, “If the constitution says all I am required is to provide a “head count” then that is all I will provide.”

The Constitution says that the census is to be carried out “in such a manner as they shall by law direct.” Now it’s law. So you can go ahead and break that law, which is allowed by the Constitution itself if you want. But you’ll get laughed at for using “unconstitutionality” as an excuse.

By: Sal

Sal — Mon, 06 Jul 2009 13:38:36 +0000

@Nuvee and Alex-

The issue here is that you both claim that the U.S. Code supercedes the constitution(the Supreme Law of the land)?? The sole purpose of the census to to get a “head count” in order to correctly adjust the representative’s of a state. That’s it!!!

Why does the govt. need all that other info. If the constitution says all I am required is to provide a “head count” then that is all I will provide.

The audacity of the beaurocrates to think that they are above the constitution…..

By: Alex

Alex — Sun, 05 Jul 2009 18:41:53 +0000

“Left would not attack you so viciously if they didn’t consider you a threat.”

I love that logic. People wouldn’t be pointing out how wrong you are if you weren’t really right! Heh.

“…the integrity of the census is open to question because ACORN will conduct a large portion of it…”

Uh, no they won’t.

http://www.factcheck.org/askfactcheck/is_acorn_providing_workers_for_the_2010.html

Being one of over 30,000 partners who are helping to publicize the census doesn’t come anywhere close to “conducting a large portion of it.” Ridiculous.

And, Nuvee is right; the Constitutionality of the current census is also not in question: http://www.politifact.com/truth-o-meter/statements/2009/jun/25/michele-bachmann/michelle-bachmann-claims-constitution-only-require/.

Seriously, this is hysteria…