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Tue Aug 4, 2020, 04:37 PM

Would it be possible for Biden to re-open the census in January in order to complete it.

Since we know that the Blob of the Orange Death is guaranteeing a massive undercount, particularly of people of color and immigrants, could Biden under the constitution continue the census in '21, despite Trump's census bureau issuing some kind of report by the end of this year? If so, could red states prevent this by suing the federal government for keeping them from their duty to redistrict their states?

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Reply Would it be possible for Biden to re-open the census in January in order to complete it. (Original post)
hedda_foil Aug 4 OP
samsingh Aug 4 #1
alwaysinasnit Aug 4 #2
NightWatcher Aug 4 #3
TreasonousBastard Aug 4 #4
hedda_foil Aug 4 #6
Sympthsical Aug 4 #5
hedda_foil Aug 4 #7
MichMan Aug 4 #8
hedda_foil Aug 4 #9

Response to hedda_foil (Original post)

Tue Aug 4, 2020, 04:44 PM

1. that's a good question.

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Response to hedda_foil (Original post)

Tue Aug 4, 2020, 04:45 PM

2. Excellent questions. I have been wondering about this too. I have no confidence in the integrity

of the handling of the census data.

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Response to hedda_foil (Original post)

Tue Aug 4, 2020, 04:51 PM

3. Biden will need a Cabinet position for Dept of Un-trumping.

They can flag and fix things others missed.

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Response to hedda_foil (Original post)

Tue Aug 4, 2020, 05:04 PM

4. Yes, but...

The US Code Section 13 deals with how to run the Census, and this is what it says now:

https://www.law.cornell.edu/uscode/text/13/141

(a)The Secretary shall, in the year 1980 and every 10 years thereafter, take a decennial census of population as of the first day of April of such year, which date shall be known as the “decennial census date”, in such form and content as he may determine, including the use of sampling procedures and special surveys. In connection with any such census, the Secretary is authorized to obtain such other census information as necessary.
(b)The tabulation of total population by States under subsection (a) of this section as required for the apportionment of Representatives in Congress among the several States shall be completed within 9 months after the census date and reported by the Secretary to the President of the United States.


The US Code, however, is simply a set of laws that Congress wrote, and Congress can write more.

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Response to TreasonousBastard (Reply #4)

Tue Aug 4, 2020, 05:57 PM

6. Thanks, TB.

It does look like the Congress could amend this law to make an exception for times like these. Honestly, there's more than one circumstance in which additional time might be required to do a complete census.

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Response to hedda_foil (Original post)

Tue Aug 4, 2020, 05:10 PM

5. It'd probably end up in the Supreme Court

There's a lot of interpretation about that period of ten years. Only every ten years? At least every ten years? The Constitution is a bit unclear.

However, the Constitution does explicitly leave it up to Congress to set the terms. So if we take both chambers and the presidency, the attempt could be made. I think Republicans would throw a fit and take it to court, but I don't see anything there that says we can't.

Of course, I'm not a lawyer.

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Response to Sympthsical (Reply #5)

Tue Aug 4, 2020, 06:00 PM

7. Sounds likely. Thanks.

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Response to hedda_foil (Original post)

Tue Aug 4, 2020, 06:09 PM

8. Since it would have been completed for 2020, I don't know if a do over is possible.

That would mean changing it from every 10 years to every year wouldnt it?

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Response to MichMan (Reply #8)

Tue Aug 4, 2020, 06:10 PM

9. Not a do-over but an extension.

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