You aren’t required to answer all the census questions

Posted on March 17th, 2010 Dan

From BSC

On the envelope of your Census, it will say your response is required by law.  This is a trick!!  The only question you are obligated to answer based on the US Constitution, is the number of people residing at your address.  All of the other questions are not required.  You can even see the trick, if you look at the first question, which asks how many people live at the house.  It is in its own seperate blue box, though nothing else indicates that the first question is the only required question.  The rest are unconstitutional so do not answer them!  I provide the following legal examples of a response and links to the articles in the constitution.

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.

Respectfully,

A Citizen of the United States of America

http://topics.law.cornell.edu/constitution/articlei

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. The number of Representatives shall not exceed one for every thirty thousand, but each state shall have at least one Representative


 

37 Responses to “You aren’t required to answer all the census questions”

  1. Hey BSC ….
    I hope what you have found is true BUT :: I came across this in my search and thought to share it with you as we get close to filling out the census form. I am not one to dispute what you have found just need to find out what is true as I feel the bulk of our present Govt is well on it way to try and take over our God Given Rights..
    Any way here goes let me know what you think…

    TITLE 13 > CHAPTER 7 > SUBCHAPTER II > § 221
    Prev | Next § 221. Refusal or neglect to answer questions; false answers
    How Current is This? (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.

  2. Hi BBob, sorry for the late reply I just noticed yours.

    I’m not a lawyer and don’t pretend to offer any legal advice outside what I do myself. I spoke with the census worker on the phone, and answered her first question about the number of residents. After that she began to ask more questions and I said I was busy and knew I was only required to answer the first question so my district would receive the proper number of representatives in the House. She said ok and we ended the conversation, she didn’t seem suprised or upset.

    As far as “conflicting” laws on the books are concerned, they seem like legal trickery to me. If the old rule does not apply, the ammendment should be repealed (like prohibition). How can you pass a 2nd “subchapter” that conflicts with previous law? I’m no lawyer but it seems like a trick to me, much like the entire census form after the 1st question.