A Presidential or a Congressional Census?

Last week it was reported on several news outlets that Republicans are upset with President Obama's reported desire to move the Census Bureau under the direct control of the Whitehouse. The Census currently resides in the Department of Commerce. Several Republicans are threatening a legal challenge if the President proceeds with this change.

Do the Republicans have a legitimate complaint? I think they do. Concerning the Census, Article One of the Constitution states :

"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. "

Title 13 of the U.S. Code provides the charter for the Census Bureau and states that:

"The Bureau is continued as an agency within, and under the jurisdiction of, the Department of Commerce."

The Constitution grants control of the Census to the Congress as it directs by law and Title 13 of the US Code is that law. The executive branch's control on the Census is limited to Presidential appointments to the Commerce Dept. that are confirmed by the Senate. President Obama cannot legally move the Census Bureau under the direct control of the Whitehouse without Congress passing a law to amend the US Code to that effect. If Congress can muster a veto proof majority, they can also remove any level of presidential influence over the Census.

President Obama was once a professor who taught constitutional law. How is it that he is seemingly ignorant of the fact that the Constitution grants control of the Census to Congress? My guess is that he isn't ignorant at all but rather has plans for change that are best served by attempting to wrest control of the Census away from Congress. The fact that it's unconstitutional isn't high on his list of concerns. Maintaining a constitutional separation of powers and the system of checks and balances should be high on the American peoples' list of concerns.

President Obama also claims to be a Christian. It seems he is as ignorant of or unconcerned about the Bible as he is the Constitution. 1 Peter 2:13 instructs the Christian to:

"Submit yourselves to every ordinance of man for the Lord's sake..."

Both as an American and a Christian the President should respect the rule of law in regard to the Census and should work within constitutional limits if he wishes to change the law. Sadly, like many of today's politicians, President Obama appears to fail on both counts.

If, in the opinion of the people, the distribution or modification of the constitutional powers be in any particular wrong, let it be corrected by an amendment in the way which the Constitution designates. But let there be no change by usurpation; for though this, in one instance, may be the instrument of good, it is the customary weapon by which free governments are destroyed.— George Washington, Farewell Address, 1796