Posted on 03/01/2010 2:07:55 PM PST by MsLady
The U.S. Constitution empowers the Congress to carry out the census in "such manner as they shall by Law direct" (Article I, Section 2). The Founders of our fledgling nation had a bold and ambitious plan to empower the people over their new government. The plan was to count every person living in the newly created United States of America, and to use that count to determine representation in the Congress.
Enshrining this invention in our Constitution marked a turning point in world history. Previously censuses had been used mainly to tax or confiscate property or to conscript youth into military service. The genius of the Founders was taking a tool of government and making it a tool of political empowerment for the governed over their government.
They accomplished that goal in 1790 and our country has every 10 years since then. And we’re about to continue that tradition in 2010. In 1954, Congress codified earlier census acts and all other statutes authorizing the decennial census as Title 13, U.S. Code. Title 13, U.S. Code, does not specify which subjects or questions are to be included in the decennial census. However, it does require the Census Bureau to notify Congress of general census subjects to be addressed 3 years before the decennial census and the actual questions to be asked 2 years before the decennial census.
Questions beyond a simple count are Constitutional
It is constitutional to include questions in the decennial census beyond those concerning a simple count of the number of people because, on numerous occasions, the courts have said the Constitution gives Congress the authority to collect statistics in the census. As early as 1870, the Supreme Court characterized as unquestionable the power of Congress to require both an enumeration and the collection of statistics in the census. The Legal Tender Cases, Tex.1870; 12 Wall., U.S., 457, 536, 20 L.Ed. 287. In 1901, a District Court said the Constitution's census clause (Art. 1, Sec. 2, Clause 3) is not limited to a headcount of the population and "does not prohibit the gathering of other statistics, if 'necessary and proper,' for the intelligent exercise of other powers enumerated in the constitution, and in such case there could be no objection to acquiring this information through the same machinery by which the population is enumerated." United States v. Moriarity, 106 F. 886, 891 (S.D.N.Y.1901).
In 2000, another District Court agreed and found that it there is no constitutional limit on collecting additional data, when necessary for governance. That court also said responses to census questions are not a violation of a citizen's right to privacy or speech. Morales v. Daley, 116 F. Supp. 2d 801, 809 and 816. (S.D. Tex. 2000). These decisions are consistent with the Supreme Court's recent description of the census as the "linchpin of the federal statistical system ... collecting data on the characteristics of individuals, households, and housing units throughout the country." Dept. of Commerce v. U.S. House of Representatives, 525 U.S. 316, 341 (1999).
Since the House of Representatives was going to give states different numbers of representatives based on their population, it was necessary to determine the population, so a census was mandated...despite the ominous example of what happened when David took a census (2 Samuel 24).
My net worth is between me and the IRS ONLY.
What? Your annual income is between you and the IRS, not your net worth.
There is the practical point, also made by a prior poster that no one has ever been prosecuted for failing to answer the "excess" questions. If that is so, the easy way to deal with inappropriate questions is simply not to answer them.
Congressman Billybob
Thanks, John.
There are about 80 people living in my house. I think. Do you mean right this minute or people that have lived here over some time period? Does that include plants?
I’m not really sure, I get so confused about these hard questions.
ping
With congresscritters comes largesse. They need the stats in order to see how much your vote will cost.
OK, if its legal for the Census to ask all those questions, does that mean I have to answer the questions?
I just read some more posts. I think the Census Bureau is pulling our leg. It would appear what congress has a right to do, if I understand this correctly, is take a head count, in whatever way is the cheapest and easiest to do. That’s it.
Thank you for your reply. I know that it is illegal to intentionally give incorrect answers to the census, but do I break the law by simply not answering questions about race, income, number of toilets, how many dogs I have, etc.
I don’t think so. I’m not a lawyer, but, everything I’ve read says no. You only have to answer how many people live under your roof. Last census in 2000, that’s all I did. The most they can do is fine you $100 for not answering and $500 if you lie on the form. As far as I know, no one has ever been fined.
You’ll have to decide for yourself. As far as I’m concerned I’m only answering how many people live here.
I guess, a lot of people are going follow Obama’s approach. At the summit last week he said he was willing to test the popularity of his healthcare takeover bill next November with the elections. People are going to test the Constitutionality of the census bureau asking certain questions.
we have got nightly calls from the census bureau for at least a month.
I'm filling mine out the same way, none of the other stuff. Do you mind telling me what they say when they call and how you respond? I'd like to be prepared for the phone calls. Thanks!
So....I just had my doorbell rang...by a lady handing me my Census Form.
So why does it take a “special person” to deliver it?
Heck....I’ve been sent at least 3 notices it was coming....
And I’ve seen T.V. commercials it’s coming....I don’t need a person handing it to me, and explaining what it’s about...I’m not stupid.( Can we still use that word? )
Why some poor moron ringing my doorbell to hand it to me?....Do they not trust the Post Office to deliver it? Is this one of the jobs that’s been created?
I quickly read it....and it’s totally racist!! ROFLOL!!!
I wrote in a black ( Probably a mistake...) MARKS A LOT....”One Person Lives Here” and mailed it in.
I figure I will probably get another moron at my front door....in the weeks ahead.
I would recommend though, that you be kind to the census people that come to your door, or you don't have to answer the door if you don't want to. They are just trying to earn a living and probably don't have a clue about the constitution. You might just be able to enlighten them, in a kind way. I am going to have a copy of the constitution handy with the part about the census highlighted.
And so was she...
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