2010 Census: Violation of rights?!?!

I'm seriously considering sending in a copy of our Constitution with only the number of people who live here filled out on their form, and they can do what they feel like they need to do after that. I'm sick and tired of being ignored and bullied by our government.

I received the written "warning" that the form is forthcoming. Depending upon just what info is required, I intend to have a little fun with it

Just got mine in today. It says on big letters on the envelope "Your Response is Required by Law."

Your response may be required but does that mean you are required to fill out the whole thing?

I love these news clips that are scattered around the internet. Some news program doing a spot on the census brings up the question about having to fill it out and their response is almost invariably "we contacted the census bureau and they said you are required by law to fill it out" Of course the census bureau is going to say that, what did they expect. Why don't they get off their behinds (actually they wouldn't even have to do that) and commit a flagrant act of journalism and contact someone who could answer the question from a legal standpoint. That would be a useful news report.

Well, based on the literal interpretation of the clause in the U.S. Constitution concerning the census, it appears that the Feds DO have the authority to conduct the census in whatever manner they choose to do so. The catch phase is "in such Manner as they shall by Law direct".

In Article 1, Section 2, the Constitution includes the phrase:

[An] 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.

Congress first met in 1789, and the first national census was held in 1790.

There was actually some debate about whether, how, and on what timetable a census should have been held. In early 1790, several members of Congress argued against a census prior to the next election. Some in the Congress, who advocated an immediate census, noted that those who did not want one were the people from states which were generally regarded as being over-represented in the Congress based on the initial figures provided for in the Constitution. Others were concerned about the questions to be asked in the census, while others felt that more questions should be asked to get a better picture of the citizenry.

For example, on February 2, 1790, Samuel Livermore of New Hampshire lamented that the proposed question about profession would be hard for his constituents to answer, since some had three or four professions, depending on the season. Connecticut Representative Theodore Sedgwick, on the same day, wondered why the questions were not extended further — "The state of society could be ascertained, perhaps, in some degree, by observing [the] proportions."

The final bill, Statute 2 of March 1, 1790, provided that census marshals and assistants be appointed. The marshals were directed to:

cause the number of the inhabitants within their respective districts to be taken; omitting in such enumeration Indians not taxed, and distinguishing free persons, including those bound to service for a term of years, from all others; distinguishing also the sexes and colours of free persons, and the free males of sixteen years and upwards from those under that age.

The act directed that the names of the heads of families be recorded, the number of white males sixteen and older, the number of white males under sixteen, the number of white females, the number of all other free persons, and the number of slaves. Failure of an assistant marshal to make a return, or to make a false return, was punishable by a $200 fine. Failure of a marshal to do the same was punishable by a fine of up to $800. The questions about profession, and other information Representative Sedgwick spoke of, were not made part of the final census. Census day was set at the first Monday in August, 1790. Failure to cooperate with a marshal or assistant was punishable by a $20 fine.

Today, the controlling law for the U.S. Census is Title 13 of the U.S. Code That law requires that the census be conducted on or about April 1, 1980, and every ten years after that. The returns must be made available within nine months in order to apportion members of the House of Representatives to each of the states. In the intervening years the law requires the Census Bureau to gather statistics about the residents of the United States for use by Congress. The decennial census is provided for at 13 USC 141.

The law states that the count done in 1980 and every ten years thereafter shall be an actual headcount. The count done in the intervening years need not be an actual headcount, but may use statistical sampling methods to get a reasonable approximations of a head count.

There are fines for non-response and for false response as well, though the amount has risen from the 1790's $20. Today failure to respond can result in a $100 fine; providing false answers is a more severe offense, and carries a $500 fine. Recent news reports, however, indicate that punishment for failure to respond is not usually enforced. The controlling section of the Code is 13 USC 221.

Today, all persons are counted as whole persons — the original census counted "other persons" (slaves) as three-fifths persons for the purposes of apportionment. This fractionalization was removed by the 14th Amendment. The Attorney General ruled, in 1940, that there were no longer any Indians in the United States who could be classified as "not taxed." In the Constitution, non-taxed Indians are not counted.

The number of questions in the decennial census has varied widely since the first in 1790, where census takers logged the name, gender, and race or each member of a household, to 2000, where a multi-page form with dozens of questions was sent to one out of every six households. In 2010, the Census Bureau trimmed the questionnaire to just the basics: name, gender, race, and ethnicity or each person, and whether the dwelling was owned, rented, or "occupied without payment of rent." A more detailed list of questions, called the American Community Survey (ACS), is sent to selected households in addition to the shorter headcount forms and in non-decennial years to allow the Bureau to do statistical sampling. According to the Census Bureau, about 3 million households are selected to receive the ACS each year.

The law requires, in the case of both the decennial census and the ACS, that all households that get a form must fill it out in its entirety, under penalty. Generally speaking, the Census Bureau is not interested in levying the fine, and prefers to gather the data. If a survey is not returned, the Census can follow up by phone or with a personal visit. There is, however, the threat of a penalty for non-response. The current penalty is $100 for failure to fill out the census forms.

The authority of the Congress to conduct the census in whatever way it wishes, and thus to require that the forms be filled out is found in the Constitution itself, which notes:

[The Census] shall be made ... in such Manner as [Congress] shall by Law direct.

The Congress is also authorized to ask various questions in the census aside from the basic headcount by virtue of this clause and by virtue of the Necessary and Proper Clause.

Advice to leave the form blank or to fail to fill it in may actually bring more of the government into your life than you want — as noted above, unfiled and incomplete forms will be followed-up upon by actual census workers, either in person or by telephone.

Ok, just opened this dumb thing up...

Why us their a huge section asking about my race?

8. Is Person 1 of Hispanic, Latino or Spanish Origin?

• No, not of Hispanic, Latino, or Spanish origin
• Yes, Mexican, Mexican Am., Chicano
• Yes, Puerto Rican
• Yes, Cuban
• Yes, another Hispanic, Latino, or Spanish Origin

9. What is Person 1's race?

• White
• Black, African Am., or Negro
• American Indian or Alaska Native
• Asian Indian
• Chinese, Filipino
• Japanese
• Korean
• Vietnamese
• Native Hawaiian
• Guamanian or Chamorro
• Samoan
• Other Pacific Islander

Thought we were all supposed to be Americans.

I'm just filling out the first three questions... these other eight.

This is funny...

NOTE: Please answer BOTH Question 8 about Hispanic origin and Question 9 about race. For this census, Hispanic origins are no races.

Huh?

Originally Posted by TripleMoonsExotic

Ok, just opened this dumb thing up...

Why us their a huge section asking about my race?

8. Is Person 1 of Hispanic, Latino or Spanish Origin?

• No, not of Hispanic, Latino, or Spanish origin
• Yes, Mexican, Mexican Am., Chicano
• Yes, Puerto Rican
• Yes, Cuban
• Yes, another Hispanic, Latino, or Spanish Origin

9. What is Person 1's race?

• White
• Black, African Am., or Negro
• American Indian or Alaska Native
• Asian Indian
• Chinese, Filipino
• Japanese
• Korean
• Vietnamese
• Native Hawaiian
• Guamanian or Chamorro
• Samoan
• Other Pacific Islander

Thought we were all supposed to be Americans.

I'm just filling out the first three questions... these other eight.

I guess the only reason such information would be needed is because the government needs to create policies that are discriminatory in application, based on that information gathered. What other purpose would it serve? Well, I guess the information is certainly valuable enough to SELL to interested parties.

And I suppose that this is also the reason that insurance policies vary by geographical location. The demographics of the types of inhabitants in a location dictate profiles on predicted types and numbers of claims expected based on that sort of data. This is the stuff that actuaries thrive on.... So, of course, this begs the question of where those insurance actuaries GET this sort of statistical data.....

Originally Posted by sschind

I guess I'm going to be in trouble. I've lived at my apartment for 3 years years and I don't even have a key to my mailbox. To be completely honest, I'm not even sure I know my address (I think I do but I don't know if its 435 or 345 or something else close to that.) Besides my landlord the only company/person to have my name associated with that address is the power company when I called to have the service put in my name and they send the bills to my store address. Except for 1 pizza delivery about 2 years ago I have NEVER given that address out to anyone. My parents and friends know where I live but I doubt any of them knows the address. The Post office doesn't even know I live there because when I did the change of address form I put down my store address and all my mail comes here. If they don't send the census form here I guess I won't be counted. Should I be worried

Only if you ever find the need to call 911 from home.

Originally Posted by bigjej

Only if you ever find the need to call 911 from home.

You know, I have thought of that. I'll probably write the address number on my cell phone just in case. I'll leave off the street and city so to anyone else its just a useless 3 digit number.