The US Constitution is clear about the Census. It States:
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. ~ US Constitution, Article 1, Section 2
Representation and taxation (the taxation part was changed by Amendment) are based on respective NUMBERS. Therefore an enumeration (read counting) will take place within 3 years and then every ten years thereafter. In plain language, they will count how many people there are every ten years. Therefore, the only Constitutional duty people have is to answer how many people there are every ten years. As citizens we have a duty to answer that question.
We are under no obligation to answer any other question.
Many scholars as well as the courts have upheld that Congress has the authority to ask any question it wants. They base this on the phrase; “in such a manner as they shall by law direct”. We are told “they” refers to Congress and that Congress can do whatever it wants because it says “in such manner…”
Hold on though, what “they” may decide is HOW to count people. The “by law” statement merely says Congress may count the population in any manner it shall direct by law. This means it could make a law that people have to show up at a census station, or be counted by door knockers or do it online. But the only thing it may direct by law is the manner in which people are counted. They can change the law every ten years about how the information is obtained but not WHAT information is obtained, contrary to popular opinion.
To the scholars and judges the phrase reads we will take a census of the people every ten years and Congress can ask whatever else it wants by passing a law. This is not what was intended and it is not what the Constitution states.
But Congress has been encroaching on our liberties for a long time. They ask a lot of questions they have no real need to know. The other reality is the government, at one level or another, has all the answers to the questions. They know what color you are based on a birth certificate. They know how many bedrooms and bathrooms you have based on building permits and floor plans. They know all about your property because they TAX you on it. They know how many cars you have because they are registered.
You see, the government has all this information scattered all over. There is no need and no authority for the government to ask all these other questions.
But they do and the law is clear that one can be fined for not answering the questions (and you have to be truthful). My answer to the other questions was “this is already on file with the government”. I answered the question and it was truthful.
I realize that some have pointed out that the first census asked questions about race and how many free people there were (particularly males) and use it as proof that Congress can ask what it wants. Keep in mind that the Constitution only allotted representation (and taxed) based on certain segments of the population (free persons excluding Indians not taxed) and fractions of others (non free people) so asking questions about free and slave as well as color made sense in order to follow the allotment scheme in the Constitution. By the way, the necessary and proper clause does not give Congress unlimited powers. It merely means, in this case, Congress can enact whatever law is necessary to count the number of people in the country IN ACCORDANCE WITH THE CONSTITUTION.
There is no real need to know one’s color in this day and age.
Why is all this important? A number of liberal lawmakers are urging the Census Bureau to DEMAND more information from people about their gender identity. DEMAND? Who the hell is the government to demand this information? And what business is it of theirs?
The claim is it will help them craft laws to improve the lives of gay, lesbian, transgender, and bisexual people (those with gender identity disorders).
The government should not be crafting laws designed to affect one segment of the population. It is unnecessary to state that these folks have some kind of protection or are special. Laws should apply to every person equally.
No matter, the government does not belong asking these kinds of questions or any others beyond how many people live in a home. The goal is to count the number of people so representation in Congress can be determined. That is all they should be doing.
Congress asks questions under the threat of a penalty in order to coerce people into providing information that is none of the government’s business.
What harm could that do?
Well, what if the questions are; do you have any firearms in your home? If so, how many? Are you here illegally? Did you file your taxes? Are you a child molester? If so, have you registered with the sex offender registry?
It seems to me government could use the census to have a gun registry by asking questions and requiring people to answer them under penalty of law. It could find illegals or child predators or use the information in any number of ways to encroach on the privacy and freedom of the people.
Remember folks, you have a right not to answer anything. You have a Constitutional duty to answer how many and they can make a law compelling you to do that but beyond that you have no obligation to answer. You have the right not to provide anything, the right to remain silent.
Never surrender, never submit.
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