disorderlyvision
Member
- Joined
- May 7, 2009
- Messages
- 3,314
Got mine.
I hate the Feds enough as it is. So right off, when I get something from them that exclaims in bold all-caps YOUR RESPONSE IS REQUIRED BY LAW they are getting off on the wrong foot with me.
Inside is The Allmighty Census, a Bus. Reply Envelope, and a small note in FedGov's evil Arial-looking font.
The note in there talks about how many reps I get from my state to not represent me, and how whittle-kids and grannies get mo-money if I answer. Then they start with the 'don't worry, it's confidential - see the back'. Title 13 this and Sections 9 that... and no one can FOIA yous! And we release the data after 72 years, so your ancestors can find out about you. Don't you feel guilty not helping whittle-kids and don't yous want to be on teh 2137 family-tree? Still not convinced? We got a webzite on teh Internets.
Anyways...
Made a real nice One with a serif at the top and a footer line - "1", spent some time on it for ole' Uncle Sammy. Mailing tomorrow.
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
Why is it a 1st Amendment violation? I don't get it... I understand the 4th Amendment violation, but not the first.
The first census, in 1790, included the name of the head of household, the number of free white males under the age of 16, the number of free white males over the age of 16, the number of free white females of any age, and the number of slaves.
The censuses of 1800 thru 1840 had variations of this format, but listing males and females in specific age categories.
The 1850 census was the first to list the name of every person in the household, including age, birthplace, occupation, value of the real estate, whether able to read or speak English, whether the person had attended school the previous year, and a few other questions.
As someone who has researched the genealogy of my family, I take a position that a census with a limited number of questions, if not too intrusive, is not objectionable. I haven't received this year's, but my understanding is that it is limited to only 10 questions.
How much of the objection is nothing but knee-jerk? Longer forms could be objected to based on the commercialization. I'll have to wait and see if any of the 10 questions crosses an undefined line.
Why is it a 1st Amendment violation? I don't get it... I understand the 4th Amendment violation, but not the first.
Without a doubt, however this was not a problem up through the 1930 census, the last I have info on. This census contained only full name, age, birthplace and relationship. The census is really a very minor problem easily controlled with vigilance. We have the advantage of historical hindsight.Incrementalism at work.
They still use it for deciding how many electors we get in the Electoral College. Otherwise it doesn't really matter. Each state decides how its own district lines are drawn.Isn't the census pointless, even the "constitutional requirement"? The 435 members of the House was determined in 1911, when our country had about 98 million people in it. We need some more representatives for everyone to truly have representation.
Unless that information is later used to lock you up in a camp, as happened with Japanese Americans.The first census, in 1790, included the name of the head of household, the number of free white males under the age of 16, the number of free white males over the age of 16, the number of free white females of any age, and the number of slaves.
The censuses of 1800 thru 1840 had variations of this format, but listing males and females in specific age categories.
The 1850 census was the first to list the name of every person in the household, including age, birthplace, occupation, value of the real estate, whether able to read or speak English, whether the person had attended school the previous year, and a few other questions.
As someone who has researched the genealogy of my family, I take a position that a census with a limited number of questions, if not too intrusive, is not objectionable.
There's a saying : guns don't kill people, people kill people.Unless that information is later used to lock you up in a camp, as happened with Japanese Americans.