Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons. The actual Enumeration shall be made within three Years after the first Meeting of the Congress of the United States, and within every subsequent Term of ten Years, in such Manner as they shall by Law direct.
The law in the form of 13 USC 4 directs:
The Secretary [of Commerce] shall perform the functions and duties imposed upon him by this title, may issue such rules and regulations as he deems necessary to carry out such functions and duties, and may delegate the performance of such functions and duties and the authority to issue such rules and regulations to such officers and employees of the Department of Commerce as he may designate.
However, Mr. Obama is hardly going to allow his GOP Secretary of Commerce perform the census and muck up Dem gerrymandering in 2010, so he unconstitutionally gave the job to his chief political enforcer - Rahm-bo Emanuel.
Not bad after only three weeks in office.
UPDATE ONE: The GOP is not being caught napping on this one.