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First, the United States Constitution did not create the Census Bureau, or even the Department of Commerce, of which the Census Bureau is a part. Thus, the Constitution vests no power directly in the Census Bureau. Rather, the Census Bureau is a creature of the United States Congress. As such, its powers and duties are determined by statute, not by the Constitution. Even then, the law establishing the Census Bureau must itself be “made in pursuance” of the Constitution in order for it to be the law of the land. See U.S. Constitution, Art. VI, Cl. 2.
Further, the Constitution does not require, or even authorize, a census “count [of] everyone living in this country.” Rather, Article I, Section 1, Clause 3, as amended by Section 2 of the 14th Amendment, authorizes a targeted decennial census of the “respective numbers” of the People of the several States, not a wholesale count of the numbers of persons found “living” in the United States. Only by such a tailored count can the constitutionally authorized decennial census serve the purpose for which that census has been required — the apportionment of representation of the people of the several states in the U.S. House of Representatives.
http://www.lawandfreedom.com/
First, the United States Constitution did not create the Census Bureau, or even the Department of Commerce, of which the Census Bureau is a part. Thus, the Constitution vests no power directly in the Census Bureau. Rather, the Census Bureau is a creature of the United States Congress. As such, its powers and duties are determined by statute, not by the Constitution. Even then, the law establishing the Census Bureau must itself be “made in pursuance” of the Constitution in order for it to be the law of the land. See U.S. Constitution, Art. VI, Cl. 2.
Further, the Constitution does not require, or even authorize, a census “count [of] everyone living in this country.” Rather, Article I, Section 1, Clause 3, as amended by Section 2 of the 14th Amendment, authorizes a targeted decennial census of the “respective numbers” of the People of the several States, not a wholesale count of the numbers of persons found “living” in the United States. Only by such a tailored count can the constitutionally authorized decennial census serve the purpose for which that census has been required — the apportionment of representation of the people of the several states in the U.S. House of Representatives.
http://www.lawandfreedom.com/