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Legal analysis: Are you a citizen? Here's what happens if you lie on the census.
NBC "News" ^ | April 2, 2018 | by Danny Cevallos

Posted on 04/02/2018 8:54:59 AM PDT by Oldeconomybuyer

It's a federal crime not to answer census questions or to give false information. But here's why you shouldn't worry about being prosecuted.

Article I, Section 2, of the Constitution requires the enumeration of people in the U.S. every 10 years for the purpose of apportioning congressional representatives.

The "Census Clause" also requires that representatives be apportioned among the states "according to their respective Numbers."

Federal law provides that anyone who refuses to answer or willfully neglects to answer any of the questions in connection with any census or survey shall be fined a maximum of $100, or a maximum of $500 if the person gives false information.

In theory, noncitizens should not fear answering census questions. Surveys are mailed to addresses, rather than to specific individuals.

Some categories of federal criminal statutes are heavily enforced. Drug crimes and immigration crimes make up over 50 percent of the federal prosecution caseload.

Then there are those federal crimes that are technically crimes, but not really. For example, it's a federal crime for a peanut dealer to refuse to tell the government how many peanuts he has. It's also a federal crime to mail a package of dead bees without writing "DEAD BEES" on every side of the box, using black letters at least an inch tall.

There are a lot of federal crimes. Not all of them are enforced. Refusing to answer the census or lying on it will likely remain in that second category — a crime, but not really.

(Excerpt) Read more at nbcnews.com ...


TOPICS: Constitution/Conservatism; Editorial; Government; News/Current Events
KEYWORDS: aliens; census; citizen; trumpcensus
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To: Oldeconomybuyer

But here’s why you shouldn’t worry about being prosecuted.

Funny. It was just predicted on the “No Agenda” podcast this past week that democrats would begin messaging to not fill in the citizenship question on the census. Technically, not saying to commit a felony, but suggesting it This article is textbook proof they’re right.


21 posted on 04/02/2018 9:08:44 AM PDT by Flick Lives
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To: Oldeconomybuyer

The Constitution says “persons” — not “citizens” or “green card holders.”

No. I don’t suppose the Constitution would use the term “green card holder” since they were not invented t the time it was written. I don’t suppose the founders imagined an influx of illegal alien invaders being increasingly fawned over by the Left either; to the point where the numbers of illegals are statistically important to the census.


22 posted on 04/02/2018 9:13:40 AM PDT by Flick Lives
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To: Flick Lives

The fact is, if we could get a real count of the number of illegals in this country, people would be outraged.


23 posted on 04/02/2018 9:14:45 AM PDT by dfwgator
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To: fwdude

Wife and I escorted the “census taker” off our property a decade ago.


24 posted on 04/02/2018 9:16:43 AM PDT by Eric in the Ozarks (Baseball players, gangsters and musicians are remembered. But journalists are forgotten.)
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To: Oldeconomybuyer

Then there are those federal crimes that are technically crimes, but not really.

Tell that to Michael Flynn. Tell that to Hillary Clinton. Wait. I forgot. Lying to the FBI *is* allowed for Democrats, just not Republicans. Or Rethuglicans as the FBI likes to call them.


25 posted on 04/02/2018 9:17:03 AM PDT by Flick Lives
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To: dfwgator

The fact is, if we could get a real count of the number of illegals in this country, people would be outraged.

Which is why the Left is screaming bloody murder about the question.


26 posted on 04/02/2018 9:17:48 AM PDT by Flick Lives
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To: Flick Lives
Which is why the Left is screaming bloody murder about the question.

Indeed.

27 posted on 04/02/2018 9:18:47 AM PDT by dfwgator
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To: fwdude

I am a direct witness to how Hispanics, many who were illegal, LIED to census takers.

Hispanic community persons who support illegals host ‘coaches’ who explain how to answer census takers. They know how the system works. They know they must do all they can to skew the numbers that give them the maximum political power.

Yes, they LIE.


28 posted on 04/02/2018 9:18:59 AM PDT by Hostage (Article V)
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To: pepsionice
Toss in some type of national ID card coming by the end of Trump’s eight years and I think the non-citizen hype will be wrapped up and gone.

There are many who will object to a national ID card in any form, relating it to the Mark of the Beast and One World government. Let's just get rid of a few federal departments (education, for one) and use a portion of the money saved to enforce existing immigration laws. And the rest to finish the WALL, which we will charge back to the countries of origin of captured illegals as deductions from any foreign aid or additional tariffs on goods they ship to us.

29 posted on 04/02/2018 9:21:03 AM PDT by JimRed ( TERM LIMITS, NOW! Build the Wall Faster! TRUTH is the new HATE SPEECH.)
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To: Oldeconomybuyer
Here are the (short form) 2010 Census Questions.

What do your name, telephone number, age, date of birth, sex, race, whether you are "of Hispanic, Latino or Spanish origin," whether you rent or own your home, whether you have a mortgage, and whether you have another home have to do with the enumeration of the "number of persons in each state"?

30 posted on 04/02/2018 9:22:14 AM PDT by Bubba_Leroy (The Obamanation has ended!)
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To: Oldeconomybuyer

Laws? Since when do laws apply to the people roaming this country?


31 posted on 04/02/2018 9:22:19 AM PDT by Yaelle
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To: Flick Lives

>> I don’t suppose the founders imagined an influx of illegal alien invaders <<

Didn’t we have basically open borders in those days? I think so.

Therefore, probably anybody could come over and settle.

I guess that means there was no such thing as an “illegal” alien at the time of the founding — except that slaves could not be brought in after 1809.


32 posted on 04/02/2018 9:25:31 AM PDT by Hawthorn
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To: Heart of Georgia
Someone needs to be made an example of.

22 million illegals need to be made an example of. Deport them all, sell off whatever personal property they may have to cover the costs, and then build the Wall. If they come back, imprison them for a year (then three years, then five years) and deport them again when they get out. We have just over six years to solve this problem without a second civil war.

33 posted on 04/02/2018 9:26:55 AM PDT by Pollster1 ("Governments derive their just powers from the consent of the governed")
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To: Oldeconomybuyer

Round up all the illegals from California and move them to Arizona and hold them there. Or to other states which vote conservatively. Make sure they do not vote illegally. Apportion representation based on the new census numbers. California will not like.


34 posted on 04/02/2018 9:28:33 AM PDT by petitfour (APPEAL TO HEAVEN)
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To: pepsionice

I would love to think that you are right about this. And I wouldn’t put it past Trump to have thought this through for the long game... but just hard to believe it will turn out as you suggest (since these type of issues typically go “against” us....).


35 posted on 04/02/2018 9:40:09 AM PDT by NEMDF
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To: Pollster1

Of course, do all that!

However, don’t let these stations and their ‘legal’ advisors get by with this.

Is it not against the law to advise people to break the law?

Or is it okay as long as they’re advising illegal aliens to break the law?


36 posted on 04/02/2018 9:45:47 AM PDT by Heart of Georgia (truth will trump their lies)
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To: Oldeconomybuyer
"...There are a lot of federal crimes. Not all of them are enforced. Refusing to answer the census or lying on it will likely remain in that second category — a crime, but not really..."

This is the problem. We live in a time where the Federal Register is so bloated with so many rules and regulations that any one of us (who might regard ourselves as straight-laced, law abiding) may be in violation of ten federal statutes (a number I once heard)

As Beria (Stalin's most trusted Chief of the Secret Police) was famous for saying "Show me the man and I'll find you the crime", so it goes with this.

My views regarding this reminds me of an exchange that supposedly took place during the Supreme Court oral arguments for Citizens United vs. Federal Election Commission (I can't find it in the transcripts, but I heard it was said) where Justice Scalia asked (I think Kagan, who was not a justice yet and was defending the FEC position of banning the video about Hillary before the campaign) and I have to paraphrase:

JUSTICE SCALIA: "So, you are saying that books aren't really covered here only certain things like movies or videos...what if someone wrote a book. Could the author be punished or subject to censorship in the covered time frame?"

KAGAN: "well, theoretically, yes, but in practice, it isn't likely to be prosecuted."

JUSTICE SCALIA: (Stands up and leans over) "We aren't in the practice in this country of putting our individual liberties into the hands of government bureaucrats who may or may not prosecute on the basis of a whim."

I had to paraphrase that because I couldn't find it, but loved the sequence. It displays all the issues with this time of mindset all rolled into one.

37 posted on 04/02/2018 9:46:38 AM PDT by rlmorel (Leftists: They believe in the "Invisible Hand" only when it is guided by government.)
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To: Oldeconomybuyer
We got a long form Census in 2000.

I tacked it to my corral fence and put a .44 hole (me), and a .357 hole (wife) and sent it in. Never heard a word.

38 posted on 04/02/2018 10:08:11 AM PDT by Feckless (The US Gubbmint / This Tagline CENSORED by FR \ IrOnic, ain't it?)
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To: Oldeconomybuyer
Time to get real about what illegals are stealing from us OTHER than...

our jobs,

our sense of well being,

money we put aside for OUR health care cost,

money for OUR kid's education etc...

The real crime? Illegals are stealing the value of our votes.

It's not the Russians changing votes - it's the damn illegals voting when they have no right to vote in our elections. (Isn't stealing our wealth enough?)

It's time for the United States Military to get involved. Time to get these enemy combatant illegals OUT OF OUR COUNTRY.

39 posted on 04/02/2018 10:09:57 AM PDT by GOPJ (A special prosecutor is not appointed to criminalize political differences. Alan Dershowitz)
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To: Oldeconomybuyer
Time to get real about what illegals are stealing from us OTHER than...

our jobs,

our sense of well being,

money we put aside for OUR health care cost,

money for OUR kid's education etc...

The real crime? Illegals are stealing the value of our votes.

It's not the Russians changing votes - it's the damn illegals voting when they have no right to vote in our elections. (Isn't stealing our wealth enough?)

It's time for the United States Military to get involved. Time to get these enemy combatant illegals OUT OF OUR COUNTRY. Hey NBC elites - HOW MANY ILLEGALS LIVE IN YOUR NEIGHBORHOODS? THAT WOULD BE ''NONE''.... RIGHT?

40 posted on 04/02/2018 10:11:55 AM PDT by GOPJ (A special prosecutor is not appointed to criminalize political differences. Alan Dershowitz)
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