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The 2010 Census; What Questions are You Really Required to Answer?

From: http://censusfacts.info/

Note: By April of 2010 the federal
government will have
loosed upon the American people a flood of census forms and an army of
census takers. The Census Bureau has embarked on an unprecedented
propaganda campaign urging Americans to give up their personal
information for the alleged “benefit” of their communities. The
Census Bureau claims that we are all “required” to answer all questions
put to us. (They wouldn’t lie to us now, would they?) But
what exactly is the authority for the census, and just what is a
“census” anyway?



Our federal Constitution
authorizes the census for only two purposes:
Article I, § 2, clause 3[1] and Amendment 14,
§ 2[2] provide that
representatives shall be apportioned among the states according to
their respective numbers. Article I, § 9, clause 4[3]
provides that
direct taxes are only to be laid in proportion to the census or
enumeration. This is an exhaustive listing of all the Constitutional
provisions that authorize the federal government to conduct the
decentennial census.



listing constitutional provisions authorize federal government conduct decentennial census nbspAs
citizens, it is our obligation to cooperate in
this enumeration process. But is it our obligation to provide answers
to a form full of prying questions? This is an important point. In
order to delve into this matter, it is important that we define our
terminology. The crucial term here, of course, is "census." Just what
is
a census, and what does it entail? Because the meanings of words tend
to change with time, if we are to determine the legislative intent of
these Constitutional provisions the best dictionary to consult would be
one published close to the time the Constitution was adopted. (It is a
fundamental legal principle that the intent of the law-maker is the
intent and force of the law.) For this reason we turn to Noah
Webster’s American Dictionary of the English Language, 1828 edition. It
defines the term census thusly:



Census, n. In the United States of
America, an enumeration of the
inhabitants of all the States
, taken by order of the Congress, to
furnish the rule of apportioning the representation among the States
,
and the numbers of representatives to which each State is entitled in
the Congress. (emphasis added)



You will notice that the above-referenced Constitutional provisions,
consistent with the definition of the word census as defined at the
time, authorized the federal government to count the number of people
within the districts. To implement these provisions, Congress passed
several statutes found in Title 13 of the United States Code (USC)
which includes § 5 (Questionnaires; number, form, and scope of
inquiries); and § 141 (Population and other census information), which
state in relevant part:



§ 5: The Secretary shall prepare questionnaires, and shall determine
the inquiries, and the number, form, and subdivisions thereof, for the
statistics, surveys, and censuses provided for in this title.



...and...



§ 141(a): The Secretary shall, in the year 1980 and every 10 years
thereafter, take a decentennial census of population 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.



The Secretary shall “determine the inquiries ... for the statistics,
surveys...” and obtain “other census information as
necessary.” Because the rule governing statutory construction
requires that we do not construe a statute so strictly as to render it
unconstitutional, this “other census information”is limited to how many
people live in one’s home.[4]



Notwithstanding
the foregoing, the Census Bureau gathers a “wide
variety of information on social and economic characteristics of the
population, such as household composition, ethnicity, and
income...”[5] But gathering this information is
beyond the
legitimate scope of governmental authority, as it has been conferred
by the Constitution.



Title 13 USC, § 221 Refusal or neglect to answer questions; false
answers is the penalty statute for citizens that neglect their duty to
be enumerated and states in relevant part:



§ 221.(a) Whoever, being over eighteen years of age, refuses or
willfully neglects ... to answer, or to the best of his knowledge, any
of the questions on any schedule submitted to him in connection with
any census or survey provided for by subchapters I, II, IV, and V of
chapter 5 of this title, applying to himself or to the family to which
he belongs or is related ... shall be fined not more than $5000.



The fine, previously set at $100 for the 2000 Census, has been raised
significantly for 2010 in an apparent attempt to frighten and coerce the
public into compliance.



However, applying the rule of statutory construction, if this statute
is
to be construed in a way to render it constitutional, then “any of
the questions” that § 221 (a) refers to are only those that are
necessary to enumerate you. You may only be lawfully fined if you refuse
to disclose the number of persons residing in your household. This specifically
does not include “a wide variety
of information.” This is the law. The Bill of Rights, Amendment X,
Reserved Power to States reads:



The powers not delegated to the
United States by the Constitution, nor
prohibited by it to the States, are reserved to the States
respectively, or to the people.



This important Amendment should be read, understood, and memorized
by
all Americans. It was intended to confirm the understanding of the
people at the time the Constitution was adopted, that powers not
granted to the United States were reserved to the States or the people.
(United States v. Sprague, U.S.N.J.1931282 U.S. 716; as well as U.S.
v. Thibault, C.C.A.N.Y.1931, 47 F.2d 169).



If Congress does not act pursuant to one of the enumerated powers
given to
it by the Constitution, it is infringing upon those powers which are
reserved
to the States by the Tenth Amendment (U.S. v. Mussari, D.Ariz.1995, 894
F.Supp. 1360.)



Furthermore, any legislation beyond the limits of the powers delegated
is an invasion of the rights reserved to the States or to the people,
and is therefore null and void. (In re Pacific Ry.Commission,
C.C.N.D.Cal.1887, 32 F. 241)



Having established that federal government may not legitimately
expand
their census inquiries beyond enumerating the people in the districts,
we shall now see how our courts have treated the issue. Note that the
courts have never squarely addressed the matter of constitutional
authority, at least not in any published case law that we have been
able to find.



The courts have addressed many collateral issues, nonetheless. For
instance, in Republic of Hawaii v. John D. Paris, a state appellate
court determined that a census law did not authorize the Board to make
a cenus of the wealth of the inhabitants. This was an 1897 decision.



In another case, U.S. v. Little, D.C.Del.1971, 321 F.Supp. 388, the
court decided that § 221 was not vague:



Provision of this section making it offense for person over 18 to
refuse or willfully neglect to answer any question on any schedule
submitted to him in connection with any census was not rendered
unconstitutionally vague and indefinite because of the need to refer to
other sections in order to determine census required.



Besides addressing the matter of the void for vagueness doctrine,
the
Little court also addressed the issue of 4th Amendment violations:
The fact that many personal questions might be asked in order to
provide
statistical reports on housing, labor, health, and welfare matters did
not make census questions unconstitutional on the basis of invasion
of person’s right to privacy
.





This is probably true – but it is
completely irrelevant
. The fundamental issue is not one of
privacy, important as that may be, but that of Constitutional authority
for the information to be gathered in the first place.

Now the question arises: “What will happen to me if a census taker
knocks on my door, I ask him to show me his constitutional authority;
and when he can’t, I tell him how many people live in my home and close
the door?” In the old § 221, there was a provision for, in addition to
the fine, up to 60 days imprisonment; but that has been repealed. If the
Census Bureau were to
try to actually fine you – and we know of no one this has actually
happened to in several decades of census-taking – then you have the right to have the case heard in
court. You can challenge the fine on the basis of the 10th Amendment and
be on solid legal ground.



Some people may wonder why they should risk a fine and resist
answering the questions.



First, we should resist the encroaching onslaught of socialism.
Socialistic societies require their governments to keep detailed
information on the populace; it is one of the earmarks of total
government. In such a society, government micro-manages and
macro-manages every facet of life and this cannot be done without
voluminous amounts of private information. Socialist governments, in
fulfilling their purpose of wealth redistribution (i.e., plunder),
need to determine who to discriminate against and who to favor, hence
the need for such information-gathering.



Second, we have a responsibility for the legacy of freedom that we
leave our descendants; we are the custodians of their liberty.



Of course, Americans tend to be highly independent thinkers, not
lemmings. Many of us take offense at government efforts to socialize
and
globalize America, and we are willing to peacefully resist the
encroachment of our liberties. Accordingly, we demand that our
government act in accordance with the very Constitution that created
it. If government does not act in compliance with the
Constitution, then we have by definition fallen into a state of
anarchy and tyranny.[6] The Constitution does
not authorize such usurpation.



So, what are you going to do when you receive your form and/or the
census taker knocks on your door? Your only legal responsibility
is to be counted!













FOOTNOTES




[1]Article I, § 2, Cl. 3: “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.”




[2] 14th Am. § 2: “Representatives shall be apportioned among
the
several States according to their respective numbers, counting the
whole number of persons in each State, excluding Indians not taxed.”




[3] Article I, § 9, Cl. 4: “No Capitation, or other direct Tax
shall
be laid, unless in Proportion to the Census or Enumeration herein
before directed to be taken.”




[4]
http://www.census.gov/prod/www/abs/popula.html




[5] Gender was probably a legitimate inquiry by the census
takers before
womens’ suffrage took effect.




[6] ANARCHY, n. Want of government; a state of society when
there is no
law or supreme power or when the laws are not efficient, and
individuals do what they please with impunity, political confusion.
(AmericanDictionary of the English Language, by Noah Webster, 1828)













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Top Opinion

  • Dark Knight 2010/03/04 21:35:42
    Dark Knight
    +7
    There is a provision for a $100 fine for not completing the form - BUT, no one has EVER been fined, in the history of the Census. Also, though, there is a potential $500 fine for answering fraudently. I will ONLY answer the question asking for the number in my household, suffering the possibility of a $100 fine (THAT HAS NEVER BEEN ASSESSED TO ANYONE). I, absolutely, will not comply with something that will most certainly be used by the current corrupt Communist regime to further destroy this once great country. I urge you all to do the same, for your own security and for the good of the United States of America, while it still exists. But, depose that bastard, and I'll answer every question.

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  • hypo 2010/04/14 21:28:16
    hypo
    +4
    After reading this article, all your comments as well as many others I've come to the following conclusion:

    I'm comfortable volunteering the number of people in my house; that it is rented; my sex; my age (year, not date of birth); and race -- but not my name, phone number, or birthday, i.e. no identifying information.

    I came to this conclusion because as an economics student we rely a lot on demographic data, as do other research fields. I have no problem supplying the number of people in my household for the purposes outlined in the Constitution, and the rest of the data mentioned above for demographic/research purposes. But name, telephone number, and actual DOB offer nothing to support those two purposes, so they have been withheld.

    Since I used your collective opinions to help formulate my own course of action, it seems only fair to share - just in case there are others still deciding what to do with this ridiculously intrusive census form... Good luck.
    ****
  • I'm on to them 2010/04/03 02:58:27 (edited)
    I'm on to them
    +2
    So, my husband tells me he filled in our names, ages and birthdates and put that we owned our home, "but nothing else"... to which I asked, "are you on crack?" Shortly after the inauguration, I sent a pretty benign query and complaint email to the current Whitehouse dictatorship -- and a few weeks later I received an unsolicited email from that False Prophet, Emmanual (whoa! How did he know my name and email address?) Clearly, I was now on their radar, and frankly, that scares the shi* out of me. Who knows what this out-of-control communist will do with the personal information of anyone deemed an enemy? I take no chances. I reopened the envelope and made good use of my permanent ink sharpie. They will know there are 2 of us, and that we are "Other" = "American". That's all. Now, you people seem like-minded to me, so I want to pass on some valuable advice that you should jump on right now. Those of you who are rightly concerned about the government eventually confiscating all the precious metals (whether in your Swiss bank account, 401k, a safe deposit box or in your home) when this failing turd of an economy hits the fan and the USD sinks ever lower, may I suggest a floor safe? Better yet, go to www.churchtrust.com (yes, they're Christians, but everyone is welcome) and open o...
    So, my husband tells me he filled in our names, ages and birthdates and put that we owned our home, "but nothing else"... to which I asked, "are you on crack?" Shortly after the inauguration, I sent a pretty benign query and complaint email to the current Whitehouse dictatorship -- and a few weeks later I received an unsolicited email from that False Prophet, Emmanual (whoa! How did he know my name and email address?) Clearly, I was now on their radar, and frankly, that scares the shi* out of me. Who knows what this out-of-control communist will do with the personal information of anyone deemed an enemy? I take no chances. I reopened the envelope and made good use of my permanent ink sharpie. They will know there are 2 of us, and that we are "Other" = "American". That's all. Now, you people seem like-minded to me, so I want to pass on some valuable advice that you should jump on right now. Those of you who are rightly concerned about the government eventually confiscating all the precious metals (whether in your Swiss bank account, 401k, a safe deposit box or in your home) when this failing turd of an economy hits the fan and the USD sinks ever lower, may I suggest a floor safe? Better yet, go to www.churchtrust.com (yes, they're Christians, but everyone is welcome) and open one of their Goldstar ROTH IRA's. Direct them to exchange the USDs in your savings, retirement 401Ks, IRAs, et al, for precious metals (gold or silver). The ROTH is tax exempt until you withdraw from it, so they do not have to (and won't!) disclose to the government that you have precious metals. And, because they have their own vaults, you can take physical control of your silver/gold any time you want (coins or bullion in your hands is a great feeling), and when you withdraw your gold/silver, they are only required to report the amount, not the type of wealth. This is good advice, so don't laugh! Do some reading and you will find that tyrannical and failing governments have done it before (Cuba-Castro, Venezuela-Chavez, Argentina-Peron, the USSR, Italy-Mussolini, Germany-Hitler.. even our own govt.) And if they confiscate, they will give you worthless paper in return (US Dollars, which are already valued today at just $0.71, and headed lower) that maybe you can use for fire starter. (And yes, the money in your retirement accounts are USDs and they are losing money every day). Switch to silver while the rest of the world is asleep at the wheel, because pretty soon they will not be able to hide the fact that they have squandered all the wealth in this once-great country (and elsewhere in the world) -- and then you won't be able to get precious metals. *PS - Did you know that they are selling silver and gold "paper" (ETF's, stocks, et al) at a rate of 100 times more than all the gold and silver that has been mined IN THE WORLD over the past ten years? What happens when EVERYONE wants to take possession of their silver and gold? Well, clearly only one out of 100 is going to be successful at that. If you own precious metals stocks or ETF's, I am sorry to tell you folks, that bullion does not exist in any vault for you. You only have a piece of paper promising that your silver and gold is there. God Bless you all, my fellow countrymen... now, get prepared! vault piece promising silver gold god bless fellow countrymen prepared
    (more)
  • Sunny I'm on ... 2010/04/03 19:22:15
    Sunny
    Good advice. I hear so many people saying that the economy is getting better when it is only a mirage.

    And yes, e-mail the president and they have you on their "list". He denied that they had one but it is easy to refute because when the earthquake in Haiti happened, I got an e-mail from Obama, Biden AND the DNC. I could not resist shooting them an e-mail thanking them for the proof that they have a "list."

    Someone e-mailed me the other day because she had become aware of an Internet site that gathers data on you and for only $2.95 you can find out info about just about anyone. The site gathers the info from social networking sites such as SH, FB, Twitter, My Space, etc. It also gets info from public records like the phone companies. If you have a listed phone number, they can find you. My advice is to be careful what you put on the Internet that would enable them to build a "profile" on you. I NEVER use my real date of birth. I just enter one that makes me over 21 to comply with the TOS. I now have an unlisted phone number so they have my old address on this site. Go to the site and look yourself up. They give just enough free info to get you to sign up. http://www.spokeo.com And ask yourself how they know how many live in your household if not from the census....

    Good advice. I hear so many people saying that the economy is getting better when it is only a mirage.

    And yes, e-mail the president and they have you on their "list". He denied that they had one but it is easy to refute because when the earthquake in Haiti happened, I got an e-mail from Obama, Biden AND the DNC. I could not resist shooting them an e-mail thanking them for the proof that they have a "list."

    Someone e-mailed me the other day because she had become aware of an Internet site that gathers data on you and for only $2.95 you can find out info about just about anyone. The site gathers the info from social networking sites such as SH, FB, Twitter, My Space, etc. It also gets info from public records like the phone companies. If you have a listed phone number, they can find you. My advice is to be careful what you put on the Internet that would enable them to build a "profile" on you. I NEVER use my real date of birth. I just enter one that makes me over 21 to comply with the TOS. I now have an unlisted phone number so they have my old address on this site. Go to the site and look yourself up. They give just enough free info to get you to sign up. http://www.spokeo.com And ask yourself how they know how many live in your household if not from the census. The less info that you don't want people to know about you that you put on social networking websites the better. On places like FB there are privacy settings that keep your information (supposedly) from being shared with anyone but your friends if you set them at their highest level.

    This is not a government we can trust. Nor was the Bush administration. They have been inserting themselves into the American people's lives for a long time. Now we have a deficit that is frightening. They will have to get the money from someplace.
    (more)
  • LawMan5150 2010/03/30 00:50:10
    LawMan5150
    +1
    Well, I just found out that my wife had filled out the entire sensus. So I had to block out every question and make them illegale. So we'll see how they like it.
  • Posey 2010/03/16 23:54:52 (edited)
    Posey
    +4
    "Consumers: Corporations large and small use census data for market research to determine the locations for new commercial enterprises, such as grocery stores, pharmacies and other essential services. Potential home-buyers use census data to research property values, median income and other demographic information about a particular community or neighborhood."---(excerpt from "Census 2010" by Robert Longley.)-------Census data used for MARKET RESEARCH? Really?! I don't remember seeing that in the Constitution....
  • Posey 2010/03/16 23:43:42 (edited)
    Posey
    +3
    "Non-response Followup Visits: From April through July 2010, some 1.4 million Census workers will start making door-to-door visits to all households that failed to respond to the mail-back Census 2010 questionnaires. The Census worker will assist a member of the household -- who must be at least 15-years old -- in completing the Census 2010 survey form. Census workers can be identified by a badge and Census 2010 bag." -----Umm, how can they legally interview my MINOR CHILD without my permission? And how would they VERIFY the age of my minor child? In MY house, my MINOR CHILDREN are NOT allowed to speak to strangers, no matter what "badge and bag" they're carrying.
  • rlwrld45 2010/03/16 22:57:35
    rlwrld45
    +1
    # of people dittos----Hope to see you all in Washington DC on April 15----NOV. 2010 caqn't get here fast enough!!!!!!
  • Posey rlwrld45 2010/03/16 23:45:52
    Posey
    +3
    Amen to that!! C'mon, NOV. 2010!!!!
  • cbmultiplechoice 2010/03/16 14:17:59
    cbmultiplechoice
    +2
    Did anyone else notice how the first question...how many are living in your house? is in a 'box' that is shaded a different color than the rest of the census questions? Just kinda made me go "UHMMMMMMM?"
  • Posey cbmulti... 2010/03/16 22:50:37
    Posey
    +1
    Yes, I did notice that. Everyone should also note, on the back of their Census form, at the very bottom, it says, "Respondents are not required to respond to any information collection unless it displays a valid approval number from the Office of Management and Budget." The ONLY place on the Census form that number is found is at the bottom of page 1, under question 4. Seems to me, per their own instruction, I don't have to answer any questions after that one!
  • lynn 2010/03/16 05:13:13
    lynn
    +5
    Number of people in my household is all they are intitled to. So that will be what they get!!! Oh ya, and I find it funny that they want my phone # so they can call me just incase they dont understand my answers. That is obsurd....
  • Posey lynn 2010/03/16 22:56:38 (edited)
    Posey
    +1
    More than absurd. "In case they don't understand my answers" is just their nice way of saying, "In case we need to track you down."-----They can call me all they want. The form does NOT say I have to answer the phone, or return their call!
  • cbmultiplechoice 2010/03/16 03:09:36
    cbmultiplechoice
    +5
    Number of people in the house is all they are getting from me...oh and that our 'race' is AMERICAN!! Was going to put 'Human' but figured it would go WAY above their heads!!
  • tigger 2010/03/10 20:58:02
    tigger
    +6
    Really do they need to know how much money I make. I was under the impression the IRS had that covered. I will be more than happy to let them know how many peeps are living in my humble abode. Happy census everyone.
  • MARTY 2010/03/06 04:55:16
    MARTY
    +1
    I will only give them the count of how many people live in the house!
  • Torchmanner ~PWCM~JLA 2010/03/05 02:26:08
    Torchmanner ~PWCM~JLA
    +3
    Will the Acorn census takers still be counting dead people?
  • Beccy 2010/03/05 02:16:59
    Beccy
    I always felt short changed because I never got asked the questions besides who were living in my household. I always felt the information collected was useful. Never felt it violated my rights.
  • phoenix AFCL 2010/03/05 01:52:04
    phoenix AFCL
    +2
    how many of us are there?? that's all I am answering..
  • ImageBandit ~ American Patriot 2010/03/05 00:51:18
    ImageBandit ~ American Patriot
    +2
    number of peeps

    number peeps

    - thats it
  • Tiffany 2010/03/04 21:57:09
    Tiffany
    +3
    I'm only answering the number of my household.......period! Acorn be forewarned.......STAY OFF OF MY PROPERTY!

About Me

Sunny

Sunny

CA, US

2009/11/28 02:31:39

is so fed up with deliberate ignorance and planned stupidity.

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