"I'd love to thwart the Census form, but I want a constitutional basis for doing it - and here's the tricky thing. I think even constitutional purists would tell you that just because something isn't in the Constitution does not mean the government cannot do it"
About this Quote
Mark Davis' quote use a nuanced discussion about constitutional analysis and the limitations of governmental authority. At its core, the statement shows a stress between personal liberties and governmental commitments, particularly as it refers to the completion of the Census form.
Davis starts with an expression of individual disposition: "I 'd love to ward off the Census kind", recommending a desire to withstand or challenge the requirement to finish the Census. This introduces the idea of civil disobedience, but Davis looks for to validate any such action within legal and constitutional borders, highlighting a requirement for "a constitutional basis for doing it". Here, Davis is most likely invoking the idea that any opposition to federal government mandates must be grounded in a legitimate legal reasoning.
The phrase "and here's the challenging thing" presents intricacy into the discussion, recommending that the subsequent point complicates the simple idea of withstanding governmental commands. Davis then goes over a common location of debate amongst constitutional scholars: the presumption about what is constitutionally enabled. He mentions, "even if something isn't in the Constitution does not suggest the federal government can refrain from doing it". This acknowledges that the Constitution does not explicitly identify all possible government actions, and for that reason leaves space for implied powers, as recognized by constitutional purists and courts in time.
The idea of indicated powers is central here, as it refers to the capability of the federal government to act not clearly laid out in the Constitution, so long as they are necessary and correct to executing its enumerated powers. This principle is infamously interpretable, causing different judicial analyses and legal arguments.
Hence, Davis' declaration catches the intricacy of constitutional analysis and the difficulty of stabilizing individual liberty with governmental task. It reviews the responsibilities of citizens within a constitutional framework, while likewise questioning the expansiveness of governmental authority not overtly detailed in the country's starting document. This conjures up a more comprehensive discourse on democratic responsibility and the societal responsibilities of adherence to civic tasks like participating in the Census.
More details
About the Author