On the recordAugust 5, 1998
I want to address one of the legal issues that has been raised by the Republican majority. The gentleman from Colorado (Mr. Skaggs) will talk about the constitutional issue, but one of the issues that the majority has raised is that the constitutional power of Congress to determine how the census will be conducted is being somehow undermined by the administration. Of course, nothing could be further from the truth. The Constitution, as the gentleman from Colorado (Mr. Skaggs) will point out, clearly says that the census will be taken in such a manner as Congress shall by law direct, and the Congress has passed a law, title 13 of the United States Code, which governs the way the census will be taken. And that title, section 141, says that the Secretary of Commerce shall take a census of population in such form and content as he may determine, including the use of sampling procedures and statistical surveys. The Republicans seem to have a different interpretation of that. But clearly, the statute that is on the books allows, directs the administration and the census body to take this census with the use of statistical sampling. They seem to think that that is unconstitutional, and that case is going up to the Supreme Court. But several courts have held it constitutional and as long as the law is on the books, that is the law that we are obligated to follow and comply with. That is what we are doing.
Source
govinfo.gov




