Sunday, February 8, 2009

President Obama...Even Democratic Senators Have Constitutional Obligations Under The Checks & Balances System

Alright, President Obama was able to lasso a couple of Republicans with his charisma, however, the rest of the team seems to be holding fast... at least until the pork is at a digestible level and the stimulus package will primarily do what its title suggests. Now, I do not want you, President Obama, to get discouraged because some of the Democrats are holding out as well. This scolding technique (AKA scare tactic) is something you will just have to either "change" or try to control because they are obligated under the "Checks and Balances" system (see U.S. Constitution) to take it seriously. That's why they were elected, by their constituents, and that's why they can be removed by them as well. Don't forget that there is a third branch involved in this "Separation of Powers" scenario...the judicial branch. Should you try to bulldoze them...well, let's just not go there...oh, are already trying! By telling the new census director to report directly to the White House and placing administration responsibilities for the Census Bureau outside of the Department of Commerce you may be in violation of federal law. Title 13 of the U.S. Code that the Bureau is to be administered "within, and under the jurisdiction of, the Department of Commerce". Let's look at the opener to Title 13 below:
TITLE 13 - CENSUS CHAPTER 1 - ADMINISTRATION SUBCHAPTER I - GENERAL PROVISIONS-HEAD- Sec. 1. Definitions-STATUTE- As used in this title, unless the context requires another meaning or unless it is otherwise provided - (1) "Bureau" means the Bureau of the Census; (2) "Secretary" means the Secretary of Commerce; and (3) "respondent" includes a corporation, company, association, firm, partnership, proprietorship, society, joint stock company, individual, or other organization or entity which reported information, or on behalf of which information was reported, in response to a questionnaire, inquiry, or other request of the Bureau.-SOURCE- (Aug. 31, 1954, ch. 1158, 68 Stat. 1012; Pub. L. 94-521, Sec. 1, Oct. 17, 1976, 90 Stat. 2459.)-MISC1- HISTORICAL AND REVISION NOTES Section is new, and was inserted to eliminate the necessity for referring, throughout this title, to the Bureau of the Census, and the Secretary of Commerce, by their full designations.

Did anyone see the White House or Rahm Emanuel mentioned here? Clearly this is a White House attempt at "gerrymandering", dividing a territorial unit (in this case all of America) into election districts to give one political party (that would be the Democrats) an electoral majority in a large number of districts (all of America) while concentrating the voting strength of the opposition (that would be the Republicans) in as few districts as possible. If we have to get the courts involved...Americans will because Americans must. And senators will because they are Americans!

Below are the listed Title 13 websites for your perusal:

Ponder this: Why is Treasury Secretary Timothy Geithner holding off on showing the Obama administration's framework to aid the financial sector, in essence waiting for Congress to return on Monday? Does he have a Plan A and B (and possibly C-H) to toss out depending on which way the Stimulus Package morphs? Come on, Tim, let's see your brilliance unfold...or are you hedging? You know...evading commitment and leaving a door open for "tweaking".

Note: America, you voted for change...not for being short changed. If any change is not one for the better then it should be discarded (or altered) until the point it becomes better...for everyone.

May God bless America...and may America deserve it!

Zanne Booker 02-08-09