Thursday, March 18, 2010

CENSUS WARNING and information before filing

If you ever wondered about the constitutionality of this census and felt somehow this was a violation of privacy or that the government is being too invasive, here is something to include with your census after you have only filled out the number of people in your home...Only the number of people in your home!

Is it constitutional?

What rights does the government have? What to say to census takers:

This post is long but is a compilation of articles I have received for the last several moths. I felt is was important to become educated on what the governnment wants and if it is within our rights to challenge it. I hope you find this info useful.

To Whom it May Concern,

Pursuant to Article I, Section 2, Clause 3 of the Constitution, the only information you are empowered to request is the total number of occupants at this address. My “name, sex, age, date of birth, race, ethnicity, telephone number, relationship and housing tenure” have absolutely nothing to do with apportioning direct taxes or determining the number of representatives in the House of Representatives. Therefore, neither Congress nor the Census Bureau have the constitutional authority to make that information request a component of the enumeration outlined in Article I, Section 2, Clause 3. In addition, I cannot be subject to a fine for basing my conduct on the Constitution because that document trumps laws passed by Congress.

Interstate Commerce Commission v. Brimson, 154 U.S. 447, 479 (May 26, 1894)

“Neither branch of the legislative department [House of Representatives or Senate], still less any merely administrative body [such as the Census Bureau], established by congress, possesses, or can be invested with, a general power of making inquiry into the private affairs of the citizen. Kilbourn v. Thompson, 103 U.S. 168, 190. We said in Boyd v. U.S., 116 U. S. 616, 630, 6 Sup. Ct. 524, ―and it cannot be too often repeated, that the principles that embody the essence of constitutional liberty and security forbid all invasions on the part of government and it’s employees of the sanctity of a man’s home and the privacies of his life. As said by Mr. Justice Field in Re Pacific Ry. Commission, 32 Fed. 241, 250, ‘of all the rights of the citizen, few are of greater importance or more essential to his peace and happiness than the right of personal security, and that involves, not merely protection of his person from assault, but exemption of his private affairs, books, and papers from inspection and scrutiny of others. Without the enjoyment of this right, all others would lose half their value.’”

Note: This United States Supreme Court case has never been overturned.

(Since the census was addressed without a name... " To resident at" , I will not be including my name because it has no bearing on the purpose of the census, besides they have all of our information anyway.)

If this post makes you nervous, I have included more information to help substantiate the above information.

Are you required by law to answer all the questions on the 2010 Census forms? What are the potential fines if you decide not to?

Article 1, Section 2 of the Constitution of the United States requires that an "enumeration" shall be conducted every ten years "in a manner as [Congress] shall by law direct." The 14th Amendment to the Constitution states that the enumeration shall consist of "counting the whole number of persons in each State, excluding Indians not taxed."

There have been no subsequent amendments to the Constitution giving Congress the authority to require an enumeration of the number of bedrooms or toilets in your house.

The first question of the 2010 Census asks, “How many were living in this house, apartment, or mobile home on April 1, 2010?” For those who support and defend the Constitution of the United States this is where the census form should end.

But, what are the implications for the person who wishes to take a stand against the encroachments of his unalienable rights by the ever growing bureaucracy of our central government? What if you refuse to fully comply?

The census form American are about to receive in the mail, or the census workers who may appear at the doors of American homes with their GPS devices, should be able to reference only the following from Title 13 the US Code:


Sec. 221. Refusal or neglect to answer questions; false answers

(a) Whoever, being over eighteen years of age, refuses or
willfully neglects, when requested by the Secretary, or by any
other authorized officer or employee of the Department of Commerce
or bureau or agency thereof acting under the instructions of the
Secretary or authorized officer, to answer, 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, or to the farm or
farms of which he or his family is the occupant, shall be fined not
more than $100.
(b) Whoever, when answering questions described in subsection (a)
of this section, and under the conditions or circumstances
described in such subsection, willfully gives any answer that is
false, shall be fined not more than $500.
(c) Notwithstanding any other provision of this title, no person
shall be compelled to disclose information relative to his
religious beliefs or to membership in a religious body.

This is the current US Code written expressively for conducting the US Census.

However, we are dealing with a corrupt central government that claims the prerogative to interpret the law as it wishes. This is how we have come to live under a regime that believes it can declare anyone an enemy combatant and torture them up to and including the point of death.

Tsars and their apparatchiks in the US Census Bureau are not immune to this tendency operate with little to no regard for what the law actually says. The US Census Bureau has given the indication that they intend to disregard what Title 13 clearly says about limiting a person's failure to fully comply to not more than a $100 fine — a small amount to risk for many who may wish to take a stand in defense of the Constitution and the limited powers it grants to the central government.

Under the explanation of the American Community Survey (formerly the Census long form) the US Census Bureau claims the following:

The American Community Survey is conducted under the authority of Title 13, United States Code, Sections 141 and 193, and response is mandatory. According to Section 221, persons who do not respond shall be fined not more than $100. Title 18 U.S.C. Section 3571 and Section 3559, in effect amends Title 13 U.S.C. Section 221 by changing the fine for anyone over 18 years old who refuses or willfully neglects to complete the questionnaire or answer questions posed by census takers from a fine of not more than $100 to not more than $5,000."

At the bottom of its explanation, the Census Bureau provides a link to what should be the last word on the matter; Title 13 — the specific US Code for conducting the census as referred to in Article I, Section 2 of the Constitution.

The Census Bureau does not provide a link to Title 18, the US Code for federal crimes and sentences, by which the Bureau claims the fine for incomplete census questionnaires is "in effect" amended and raised to "not more than $5,000".

(In his recent commentary on the census Congressman Ron Paul has repeated this claimed potential fine of up to $5,000.)

Could the Census Bureau just be flaunting a potential $5,000 fine threat to scare off those contemplating acts of non-compliance on their census forms? Here are the pertinent excerpts from Title 18, that the Census Bureau references to support its claim that Title 13 has been amended by Title 18 ? (emphasis added):


Sec. 3559. Sentencing classification of offenses

(a) Classification. - An offense that is not specifically
classified by a letter grade in the section defining it, is
classified if the maximum term of imprisonment authorized is - (1) life imprisonment, or if the maximum penalty is death, as a
Class A felony;

.(9) five days or less, or if no imprisonment is authorized, as
an infraction.

(2) Exception. - With respect to a person convicted of a
Federal offense described in paragraph (1), the court may impose
any lesser sentence that is authorized by law to take into
account any substantial assistance provided by the defendant in
the investigation or prosecution of another person who has
committed an offense, in accordance with the Federal Sentencing
Guidelines and the policy statements of the Federal Sentencing
Commission pursuant to section 994(p) of title 28, or for other
good cause.


Sec. 3571. Sentence of fine

(a) In General. - A defendant who has been found guilty of an
offense may be sentenced to pay a fine.

(b) Fines for Individuals. - Except as provided in subsection (e)
of this section, an individual who has been found guilty of an
offense may be fined not more than the greatest of -

(1) the amount specified in the law setting forth the offense;

...(7) for an infraction, not more than $5,000.

(e) Special Rule for Lower Fine Specified in Substantive
Provision. - If a law setting forth an offense specifies no fine or
a fine that is lower than the fine otherwise applicable under this
section and such law, by specific reference, exempts the offense
from the applicability of the fine otherwise applicable under this
section, the defendant may not be fined more than the amount
specified in the law setting forth the offense.

No doubt there are more than a few federal legal counsels that will argue in favor of the Census Bureau's claim that their reading of Title 18 means that census officials can threaten Americans with up to a $5,000 fine if they refuse to answer all the bureau's prying questions. The argument of the Census Bureau comes down to this though: Though the rules the Census Bureau is authorized to operate under are clearly defined in Title 13 of the US Code, they believe that they can supersede the intent and will of the Congress on the grounds that a special rule applicable to sections in one Title of the US Code can be interpreted as an implied amendment to an unrelated Title of the US Code. ("It's good to be King" is the shorter argument here.)

If the intent of Congress (not the US Census Bureau) is that Title 18 "amends" Title 13, then Congress needs to legally amend the law set forth in Title 13. By injecting its intention to apply a section of Title 18 to override the clear statements made in sections of the unrelated Title 13, the US Census Bureau is "in effect" indicating that it intends to follow the lead of the IRS and other federal agencies to rule and intimidate the American public through their own arbitrary interpretation and enforcement of the law.

An American wishing to defend the intent of the Constitution, or simply their own privacy, against the census questionnaire should only have to be at risk of being assessed with up to a $100 fine. However, the Census Bureau, likely sensing growing opposition to its extra-constitutional efforts, is attempting to intimidate people with its contrived threat of up to a $5,000 fine.

Are they just bluffing? It probably depends on how many people call their bluff.

End Notes: There have been no pertinent changes to the above US Code cited since the 2000 census. Amendments were made to Title 13 in 1976 which struck out the provision authorizing imprisonment for not more than sixty days for refusing or willfully neglecting to answer questions and the provision for authorizing imprisonment for not more than one year for willfully giving a false answer to a question. The last time the will of the Congress was tested then, deference was afforded to the side of the people.

Disclaimer: This author will be answering the census the same way he did in 2000: Question #1 only. Though a note was attached to the partially completed census form indicating a willingness to be assessed the $100 fine, no fine was assessed.

Most American's & Constitutional scholars have serious concerns over 'invasive' questions in the 2010 Census.

Questions on the 2010 Census Forms far-exceed normal Census head-count data questions. Citizens are being asked to provide very invasive personal information, including income & source data necessary to re-distribute citizen's assets.
Should the Obama Regime decide to force-through public re-distribution of wealth, the 2010 Census provides key information to enable.

The Census Bureau is 'not' a law enforcement agency, any fines or enforcement must be carried out by Law Enforcement personnel.

Please do your own research if you have any reservations about complying with the Census or the links provided below.

Non-compliance fines;
Below are just two of many Census Links available on the internet.. None as yet have reflected 'any' fines or arrests for non-compliance.
However, should you decide to comply with the Census honesty is highly recommended regardless of how you feel towards our ethically challenged Officials.

Subject: Census » fines

Threats to obtain personal information often back-fires.. Decisions made in haste often lead to a lifetime of regrets..


more info here:

Frequently Asked Questions about the Boycott the Census campaign

Why are you urging people to boycott the Census?

The U.S. Constitution says the purpose of the Census is to make an enumeration; that is,
to take an accurate count of Americans for the purpose of apportioning Congressional

But the federal government has gone far beyond that Constitutional mandate, and uses the
Census to ask dozens of probing questions, such as the color of your skin, the number of
toilets in your home, your disabilities, and even the number of cars you have.

In fact, the long form originally asks 53 questions, which is 52 more than the Constitution

Libertarians believe that these questions violate your privacy and
will be used as the basis for expanding the size, power
and cost of government.

So we're urging people to answer just one question:
How many people live in your home?

Wasn't there a raging controversy over the Census in 2000?

Yes, the Libertarian Party led a similar campaign in 2000, causing a firestorm over protest over the intrusive questions. The Census Bureau got the message, loud and clear. But instead of eliminating the inappropriate questions, Census bureaucrats are trying to reduce the public outcry by changing the name of the long form and sending it out in waves, rather than all at once. The long form is now called the American Community Survey, and it will be sent to 250,000 households a month starting in January 2005, instead of sending all of them out in 2010.

Don't let them get away with this PR gimmick! Regardless of how and when they send out the forms, the problem remains the same: Nosy Census bureaucrats have no business asking all these questions. So strike a blow for freedom, privacy and responsible government by refusing to answer every question but one: How many people live in your home?

What are some of the specific questions?

Question 8 demands that you pigeonhole yourself into one of 15 "official" racial categories: White; Black; African American or Negro; American Indian or Alaskan Native; Asian Indian; Chinese; Filipino; Other Asian; Japanese; Korean; Vietnamese; Native Hawaiian; Guamanian or Chamorro; Samoan; Other Pacific Islander. If we live in America, arent we all Americans?

Question 17a asks if anyone in your home has any trouble "learning, remembering or concentrating."

Question 17b asks whether you have trouble "dressing, bathing or getting around in the home."

Question 24b asks how long it takes you to get to work, and Question 23a wants to know how you get there -- and there are an astounding 11 choices, including streetcar, bus, railroad, ferryboat, or taxicab!

Presumably the government will use this information to justify squandering billions of dollars on all sorts of boondoggles. In fact, a January 10 press release issued by the Census bureau says the data will be used to "allocate states' shares of more than $200 billion a year" in funding. Much of the data is also used by private companies to make marketing decisions, and is therefore a form of taxpayer-funded corporate welfare.

OK; I agree that the government has no business asking these questions. What's the solution?

We're suggesting that the Census Bureau replace the short form and the long form (the American Community Survey) with a one-question Census-On-A-Postcard. Click here to download the postcard. Then when you get your 53-question Census, send in the postcard instead!Boycott the Census!

Legal Authority to Ask Intrusive Questions Not Present in Constitution.

This Constitution and the Laws made in Pursuance thereof... shall be the supreme Law of the Land...all Judges shall be bound thereby...any the Contrary notwithstanding. [Article VI, Clause 2, of the Constitution of the United States of America

The general rule is that an unconstitutional statute, though having the form and name of law, is in reality no law, but is wholly void. Unconstitutional law bears no power to enforce, it purports to settle as if it never existed, for unconstitutionality dates from the enactment of such a law and not such time as branded in an open court of law. It confers no rights; it imposes no duties; affords no protection; it creates no office; it is in legal contemplation, as inoperative as though it had never been passed. No courts are bound to uphold it and no persons are bound to obey it. [16 Am Jur 256]

The Fourth and Fifth Amendments were described in Boyd vs.. United States, 116 U.S. 616, 630, as protection against all governmental invasions ....of the sanctity of a man's home and the privacies of life. We recently referred [381 U.S. 479, 485] in Mapp vs.. Ohio, 367 U.S. 643, 656, to the Fourth Amendment as creating a ....right to privacy, no less important than any other right carefully and particularly reserved to the people.''

Declaration To Make To Census Takers:

"I hereby affirm that the provisions of Title 13 ....requiring me to disclose my race, personal financial data, birth date, or any other personal,
private information to the Bureau of the Census, an agency of the United States government, constitutes an unreasonable, unwarranted search of my person, house, papers, and/or effects, and a governmental invasion of the sanctity of my home and the privacies of life. As such, these provisions violate the Fourth Amendment of the US Constitution, and are thus wholly void and I am not bound to obey them.

I have completed the only those sections of the Census form pertaining to the Constitutionally-mandated actual enumeration, as follows:

1. The actual number of people living at the address printed on the form, excluding untaxed Native Americans;
2. Age of each person in accordance with US Const. Amendment XIV, Section 2;
3. Sex of each person, in accordance with US Const. Amendment XIV, Section 2.

I have thus fulfilled my obligation to the attainment of the actual enumeration of the populace of the United States.

Any fine or other sanction that is levied by any office or organization stemming from the unconstitutional provisions of Title 13 in connection with my response to this or any other Census-related questioning will be challenged in a court of law."
ECTICUT, 381 U.S. 479 (1965)]

The LAw and the Constitution, then and Now

As many of you know, what is constitutional to us and to this government means next to nothing. If they want to impose fines for something even if it is your right not to pay, you will have to decide if fighting for your right is worth the fines that may be imposed just because its what they want.

I personally will fill out the number of people in my home, no name, nothing else. It wasn't addressed to me, I questioned even opening it, it wasnt sent registered mail, it could have gone anywhere.....

Good luck !

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