By Dr. Harold Pease
There are only two reasons for the enumeration mandated by the Constitution every ten years that we now call the census: determining the number of representatives needed for a given area, and directing federal taxes. Constitutionally there is but one legitimate question: how many people live in this residence? With the House of Representatives based upon population the first reason is obvious. But the second reason expired when the 16th Amendment to the Constitution introduced the infamous income tax.
Today three columns of invasive questions now fill 28 pages of information that you would not share with your neighbors. With respect to housing they want to know what kind of building you live in, when it was built, how many rooms, your mortgage, taxes, insurance and utility costs, and move-in date. They also want to know how many automobiles are kept on the premises.
With respect to your personal life they want to know how many times you were married, the date of your last marriage, and if you have serious difficulty concentrating or bathing. At one point they even asked for the number of stillbirths or abortions you have had. Even your nosiest neighbor does not know these things.
With respect to employment they wish to know when and where you worked last and how you got there; even how many minutes to get to work is requested. And, of course, you must disclose your salary, who you work for and what kind of work you do as well as your educational level. President George Bush in 2000 grumbled: “I can understand why people don’t want to give over that information to the government. If I have the long form, I’m not so sure I would do it either.” In China under communism, they had spies gather this information. Today in the “Jerry Springer generation”, where nothing is sacred or private, we willingly give it to the government.
The part I like best are the questions where I am forced to categorize myself by race, but there is no category for someone that doesn’t make distinctions on the basis of race. If given the choice, many would categorize themselves simply as American, and yet in America that is not offered as an option.
The American Community Survey conducting the census publishes a pamphlet called “50 Ways Census Data Are Used.” Only two of the ways this data is used are constitutional. So how can the government collect sensitive data for the purpose of performing a function on the federal level for which there is no authorization without serious distortion? They can’t. When the first question outside how many people live in your home was asked, the intent of the Constitution was violated.
Should one refuse to answer all unconstitutional questions, the punishment is a fine of up to $5,000. Some time ago they even threatened imprisonment.
The Founding Fathers authorized no other purpose for the head count. If offered a window to our day, they would be appalled at the federal government’s misuse of this power as a means of creating a national information gathering service on you.
Article 1 Section 2.
“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.”
The constitution gives Congress the power to determine what is enumerated and how it is enumerated. There is also no minimum time between enumerations, only a maximum time.
Title 13 of the US code was passed in 1980, explaining what will be enumerated, how it will be enumerated, and when it will be enumerated.
http://www.law.cornell.edu/uscode/html/uscode13/usc_sup_01_13.html