On the 2010 Census

“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. [1] 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.”  – Article 1, Section 2, Clause 3 of the United States Constitution

The 2010 Census is something that is required by the Constitution, but I am a bit dismayed at how our government is spreading misinformation regarding what it is for. According to http://2010.census.gov, the “Census affects the number of seats your state occupies in the U.S. House of Representatives” and filling out the form is critical because by participating “you can make sure that your community receives its fair share of federal funds”. However, if you read the Constitution (quoted above), the Census is to be used for two things only: congressional representation & determining the percentage of taxes each state will pay.

Besides, the whole idea of “fair share” regarding federal funding is ridiculous in its concept. A “fair share” of what, exactly? A “fair share” of the fruit of someone else’s labor? Or perhaps they mean getting a “fair share” of the fruit of your own labor back? I am really getting tired of the government acting like they are doing us a favor by giving us our own money back! Why do we continue to buy into this sanctimonious tripe?

The Constitution, being the prime law of the land, and having not had its enumeration requirement amended, cannot be overruled by lower laws demanding that free and sovereign individuals divulge their race, gender, familial relations, housing status, or comply with other such insolent inquiries. The power granted to the federal government to make laws concerning the Census is restricted by the Constitution to “actual count” only. Using it as an excuse to disperse funding is a violation of the Constitutional restriction of powers granted to the federal government (see the 10th Amendment). Remember, the true source of this “funding” doesn’t come from our government as a benevolent gift; it comes from you and I. The Census should not be used as a way for Congress to determine who or what will be the flavor-of-the-month to get our own hard earned money.

The Constitution says “Enumerate.” Enumerate means “Count.” It doesn’t mean “let’s be nosy.” It doesn’t mean “let’s intimidate people with threats of fines or jail time to get them to answer questions where there is no Constitutional requirement to answer.” The purpose of Enumeration, according Article 1, Section 2, Clause 3, was to determine the proportion of State Legislative representatives in the House, as well as to apportion direct taxes based on the percentage of population of each State. That’s it.

So, how will I answer my 2010 Census form? Like this:

  • Question 1: Number of people living in this home: 2
  • Questions 2-10 None of your business. My name, sex, age, date of birth, race, ethnicity, marital status and housing tenure have absolutely nothing to with apportioning direct taxes onto the States or determining the number of representatives in the House of Representatives.  Therefore, neither Congress nor the Census Bureau has 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 any laws passed by Congress. I have fulfilled my constitutional duty to provide for a count. Any further info requested of me or my house, or inquires to my neighbors in an attempt to gather my personal data, will be considered a violation of the U.S. Constitution.[2] [3]

 


[1] Amendment 13 & 14 did away with slavery, so all were counted as whole persons following the American Civil War.

[2] See http://2010.census.gov/2010census/how/interactive-form.php for the government’s own explanation as to why they want us to answer these questions-none of which line up with the purpose of the Census as provided in the Constitution.

[3] Regarding the forbidding of government inquiry on citizens private info, see U.S. Supreme Court opinion in Interstate Commerce Commission v. Brimson, 154 U.S. 447, 479 (May 26, 1894).

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