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My Response to the 2010 Census Form
By Robert Greenslade © Nitwit Press March 22, 2010 The Basis for My Reply and Answers ● The provision for the Census is found in Article I, Section 2, Clause 3 of the Constitution for the United States. A breakdown of this Clause shows: ● An enumeration of the population is the only constitutional power granted to Congress by this Clause. ● Apportioning direct taxes and representatives among the several States is the sole purpose of the power granted to Congress by this Clause. ● Congress’s authority to make laws concerning the Census is contained in this Clause and restricted to prescribing the “manner” for conducting the “actual enumeration.” ● The penalty provision, according to statements by the Census Bureau, is found in United States Code, Title 13, Section 221. A breakdown of Section 221 (a) shows that in order for a penalty to apply: ● You must be over eighteen years of age and refuse or willfully neglect to answer, to the best of your knowledge, any of the Census form questions. ● According to Section 221, there cannot be a penalty of any kind if you answer to the best of your knowledge. ● The Oxford English Dictionary gives a broad definition of the word “knowledge” and states it can have a wide range of meanings and applications: “(i) expertise, and skills acquired by a person through experience or education; the theoretical or practical understanding of a subject; (ii) what is known in a particular field or in total; facts and information; or (iii) awareness or familiarity gained by experience of a fact or situation.” ● Section 1 of Title 13, which provides the definitions for terms used in that Title, does not contain a special definition of the word “knowledge.” Thus, the common definition of the word must apply. ● If someone asked me to answer, to the best of my knowledge, whether the sun rises in the North or the South, what would be the proper response? Since, based on personal knowledge, I know the sun rises in the east, it would be improper to answer the question as posed. The correct response would be to object to the question as being improper and state why. ● Based on my research, the federal government is claiming Article I, Section 8, Clause 18, commonly known as the “Necessary and Proper Clause,” grants them the constitutional authority to make the additional information requests under the guise of the Census. See: “Are the Additional Questions on the Census and American Community Survey just Another Usurpation of Power?” for an overview of this issue. ● Because of the above, I incorporated the words “necessary and proper” and the words “into effect” into some of my answers. The Cover Letter Dear Census Bureau: This is in response to your 2010 Census form. Since the answers to some of your questions exceed the space provided, all the answers are attached to the form in a separate document. A review of Article I, Section 2, Clause 3 of the Constitution for the United States shows me that: ● An enumeration of the population is the only power granted to Congress by this Clause. ● Apportioning direct taxes and representatives among the several States is the sole purpose of the power granted to Congress by this Clause. ● Congress’s authority to make laws concerning the Census is contained in this Clause and restricted to prescribing the “manner” for conducting the “actual enumeration.” Since the Census Bureau, not Congress, is responsible for drafting the content of the 2010 Census form questions for this provision of the Constitution, it is proper to answer some of the questions accordingly. Signed as a resident of the street address listed on your form. The 10 Census Questions and My Answers Question 1--How many people were living or staying in this house, apartment, or mobile home on April 1, 2010? Answer-- Gave them the number because they are constitutionally entitled to take an enumeration. Question 2-- Were there any additional people staying here April 1, 2010 that you did not include in Question 1? Answer-- Answered this question because it is connected to the enumeration in question 1. Question 3--Is this house, apartment, or mobile home: owned with mortgage, owned without mortgage, rented, occupied without rent? Answer--To the best of my knowledge, this question is improper and a general information request because ascertaining housing status is not necessary and proper for putting the enumeration contained in Article I, Section 2, Clause 3 into effect. However, if your agency can show how ascertaining housing status is necessary and proper for putting the enumeration contained in Article I, Section 2, Clause 3 into effect, this residence will be happy to change this answer. Since your agency drafted the content of this question, please include the factual basis for your determination that the information requested in this question was necessary and proper for putting the enumeration contained in Article I, Section 2, Clause 3 into effect. Question 4--What is your telephone number? Answer--To the best of my knowledge, this question is improper and a general information request because ascertaining a telephone number is not necessary and proper for putting the enumeration contained in Article I, Section 2, Clause 3 into effect. However, if your agency can show how ascertaining a telephone number is necessary and proper for putting the enumeration contained in Article I, Section 2, Clause 3 into effect, this residence will be happy to change this answer. Since your agency drafted the content of this question, please include the factual basis for your determination that the information requested in this question was necessary and proper for putting the enumeration contained in Article I, Section 2, Clause 3 into effect. Question 5-- Please provide information for each person living here. Start with a person here who owns or rents this house, apartment, or mobile home. If the owner or renter lives somewhere else, start with any adult living here. This will be Person 1. What is Person 1’s name? Answer--To the best of my knowledge, this question is improper and a general information request because ascertaining someone’s name is not necessary and proper for putting the enumeration contained in Article I, Section 2, Clause 3 into effect. However, if your agency can show how ascertaining someone’s name is necessary and proper for putting the enumeration contained in Article I, Section 2, Clause 3 into effect, this residence will be happy to change this answer. Since your agency drafted the content of this question, please include the factual basis for your determination that the information requested in this question was necessary and proper for putting the enumeration contained in Article I, Section 2, Clause 3 into effect. Question 6--What is Person 1’s sex? Answer--To the best of my knowledge, this question is improper and a general information request because ascertaining someone’s sex is not necessary and proper for putting the enumeration contained in Article I, Section 2, Clause 3 into effect. However, if your agency can show how ascertaining someone’s sex is necessary and proper for putting the enumeration contained in Article I, Section 2, Clause 3 into effect, this residence will be happy to change this answer. Since your agency drafted the content of this question, please include the factual basis for your determination that the information requested in this question was necessary and proper for putting the enumeration contained in Article I, Section 2, Clause 3 into effect. Question 7--What is Person 1’s age and Date of Birth? Answer--To the best of my knowledge, this question is improper and a general information request because ascertaining someone’s date of birth is not necessary and proper for putting the enumeration contained in Article I, Section 2, Clause 3 into effect. However, if your agency can show how ascertaining someone’s date of birth is necessary and proper for putting the enumeration contained in Article I, Section 2, Clause 3 into effect, this residence will be happy to change this answer. Since your agency drafted the content of this question, please include the factual basis for your determination that the information requested in this question was necessary and proper for putting the enumeration contained in Article I, Section 2, Clause 3 into effect. Question 8--Is Person 1 of Hispanic, Latino or Spanish origin? Answer--To the best of my knowledge, this question is improper and a general information request because ascertaining if someone is of Hispanic, Latino or Spanish origin is not necessary and proper for putting the enumeration contained in Article I, Section 2, Clause 3 into effect. However, if your agency can show how ascertaining if someone is of Hispanic, Latino or Spanish origin is necessary and proper for putting the enumeration contained in Article I, Section 2, Clause 3 into effect, this residence will be happy to change this answer. Since your agency drafted the content of this question, please include the factual basis for your determination that the information requested in this question was necessary and proper for putting the enumeration contained in Article I, Section 2, Clause 3 into effect. Question 9--What is Person 1’s race? Answer--To the best of my knowledge, this question is improper and a general information request because ascertaining someone’s race is not necessary and proper for putting the enumeration contained in Article I, Section 2, Clause 3 into effect. However, if your agency can show how ascertaining someone’s race is necessary and proper for putting the enumeration contained in Article I, Section 2, Clause 3 into effect, this residence will be happy to change this answer. Since your agency drafted the content of this question, please include the factual basis for your determination that the information requested in this question was necessary and proper for putting the enumeration contained in Article I, Section 2, Clause 3 into effect. Question 10--Does Person 1 sometimes live or stay somewhere else? Answer-- The individuals listed in answer number 1 are citizens of the Republic of California and permanently reside at the address listed on this form. In Reserve The following 2 items were held in reserve in the event they are needed for a second response at a later date. ● In 1997, Congress, in Pub. L. 105-119, title II, Sec. 209, Nov. 26, 1997, 111 Stat. 2480, [http://uscode.house.gov/download/pls/13C5.txt] found that― (1) it is the constitutional duty of the Congress to ensure that the decennial enumeration of the population is conducted in a manner consistent with the Constitution and laws of the United States; (2) the sole constitutional purpose of the decennial enumeration of the population is the apportionment of Representatives in Congress among the several States…” This helps confirm the accuracy of my response. ● Since the additional questions are not necessary and proper for putting the power confined in the Census provision into effect, these questions constitute a general inquiry into my private affairs. The following United States Supreme Court decision has never been overturned: “Neither branch of the legislative department [House of Representatives or Senate], still less any merely administrative body [insert 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.’” [The bracketed words are added for clarification] Interstate Commerce Commission v. Brimson, 154 U.S. 447, 479 (May 26, 1894). The key word in the first sentence is “general.” When Congress exceeds its constitutional grant of powers, its legislative actions cease to be limited and become general. The federal government cannot have been granted the power to make general inquires into the private affairs of the people, under the guise of the Census, because the only power granted to Congress is the power to conduct an enumeration for the sole and express purpose of apportioning representatives and direct taxes among the several States.
Your comments and feedback are welcome! Some other, related reading: The Flawed Second Amendment Debate The Second Amendment and the Preamble to the Bill of Rights Another Look at the Wording of the Second Amendment Tell me why the States needed the so-called "Collective Right" Second Amendment? The Second Amendment is an Individual Right A Question For The Supreme Court Book now Available! See Editor's review here. "The Bill of Rights
Does Not Grant You Any Constitutional
Rights" $10.00-includes shipping and any applicable sales tax. P.S.C.S. Email any questions concerning the book/booklet to Bob at-govtnitwit [at] yahoo.com Robert Greenslade
focuses his writing on issues surrounding
the federal government and the Constitution. He believes politicians at
the federal level, through ignorance or design, are systematically
dismantling the Constitution in an effort to expand their power and
consolidate control over the American people. He has dedicated himself
to resurrecting the true intent of the Constitution in the hope that
the information will contribute, in some small way, to restoring the
system of limited government established by the Constitution. If you are interested in finding out more about the Constitution, take a look at this book. I use it in many of my articles and it is the best book I've found on this subject. Bob Reprint of the 1868 edition. ''Perhaps the ablest analysis of the nature and character of the federal government that has ever been published. It has remained unanswered.'' This review of Judge Story's Commentaries on the Constitution of the United States is perhaps the ablest analysis of the nature and character of the Federal Government that has ever been published. It has remained unanswered. Indeed, we are not aware that any attempt has been made to challenge the soundness of its reasoning. The great vise of Judge Story and the Federalists consisted in desiring the clothe the federal government with almost monarchical power, whereas the States had carefully and resolutely reserved the great mass of political power for themselves. The powers which they delegated to the federal government were few, and were general in their character. Those which they reserved embraced their original and inalienable sovereignty, which no state imagined it was surrendering when it adopted the constitution. Mr. Madison dwelt with great force upon the fact that ''a delegated is not a surrendered power.'' The states surrendered no powers to the federal government -- they only delegated them. 160 pages. |
Please see the bottom of the page for Bob's book offer. Archives The 2004 Declaration of Independence The Constitution and YOU Part 1 The Constitution and YOU Part 2 The Constitution and YOU Part 3l A Question For The Supreme Court The Second Amendment Question before the Supreme Court is Constitutionally Flawed and Dangerous It's Time To Break Out The Torches And Pitchforks! Constitution to Hillary, Obama and McCain Congress Makes the Laws not the President Do the American People really want Liberty and Constitutional Government? The Real ID Act proves the Federal Government is Not the All Powerful Oz There is no Legal Requirement for an American Citizen to have a Social Security Number The American People have become Servants to Government Employees A Republic, if you can Keep It Is Obama Ineligible to be President? The Game Changing Play John McCain and the Republicans Need to Win the Election Lawsuit Challenging Obama's Qualifications to be President Dismissed just as Predicted A Tenth Amendment Commission is not the Answer There Is a "New" Declaration of Independence, Mr. President The FairTax and The Sixteenth Amendment The Federal Government is using the General Welfare Clause to Steal your Money The
General Welfare Clause is the Enemy not the Sixteenth Amendment The Tea Party Movement Needs a Shield and Some Tactics The
NEW 2009 Declaration of Independence The Constitution does not Grant the Federal Government the Authority to Establish a so-called National Health Care Program A Re-Write of the Bill of Rights through the Preamble Are the Additional Questions on the Census and American Community Survey just Another Usurpation of Power? Complete Archives for Robert Greenslade
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