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:: A constitutional law blog by Scalia/Thomas fan David M. Wagner, M.A., J.D., Research Fellow, National Legal Foundation, and Teacher, Veritas Preparatory Academy. Opinions expressed here are those of the author and do not reflect those of the NLF or Veritas. :: bloghome | E-mail me ::

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    :: Thursday, February 12, 2009 ::
    Judd Gregg withdraws as Commerce nominee -- no, he doesn't have tax problems: it's policy differences! Big one: politicization of the Census, in that Obama wants it run by the White House, instead of (as required by statute -- 13 U.S.C. secs. 2 and 4 -- thanks, Eugene Volokh!) by the Commerce Department.

    As a believer in the unitary executive, I'm skeptical as to whether Congress has power to vest the Census in the Secretary of Commerce in such a way that the President isn't allowed to interfere. But if a President does interfere, the electorate may and should draw its own conclusions.

    Another learned friend recalls that the first Bush administration became the target of a media squawkfest when a junior staffer in the White House merely asked someone at Commerce about the Census. It got to the point where the staffer was publicly denounced by the Secretary of Commerce and others. Adds my correspondent with grim humor: "I suppose the storm over Obama's plan will erupt any day now."

    :: David M. Wagner 4:43 PM [+] ::

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