Thursday, February 11, 2010

What About the Census?



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 I, Section 2 of the Constitution of the United States"
The word "enumeration" means "to count, or determine the number of. So, what is the big deal about the Census? It seems harmless enough. The Constitution allows for the “enumeration” of Americans for the purposes of taxation and apportioning political representation. But the Census of this century is about much more than “counting the people.” It is about ethnicity, sex, age, date of birth, marital status, college, illnesses, military service, vehicles, hours at work, days off, sick days, plumbing in house, amount of utilities, etc. We are an information- driven society where everyone is trying to capitalize on what people are about, and the government is no different. The problem with the government getting involved in information harvesting stems from the abuse of power that the government is prone to. We the people stand to lose a lot more than our privacy and dignity.
According to the 2010 Census website (http://2010.census.gov/2010census/why/constitutional.php) "The U.S. Constitution mandates us to count everyone, including both citizens and non-citizens. We’ve followed this mandate, since the first census in 1790.” Now this might be a stupid question, but, if you are counting people for the purposes of apportioning members of Congress, wouldn't you count ONLY those people who are legal citizens? They are the ones that vote.
The Census 2010 website touts “One of the shortest forms in history- ten questions in 10 minutes.” By my count, that is nine more questions than the obligatory, “how many people over 18 living here” that is required by the Constitution. What they didn’t tell you was in 2009, 3 million Americans were sent the American Community Survey as a supplement to the 2010 Census. The 28 page survey asks many of the same invasive questions that the 2000 Census’ “long form” asked. This survey isn’t part of the head-counting. The information is used by the government to spread around your tax dollars and justify federal bureaucracies. This information can also be distributed to private businesses.
According to the 2010 Census website (http://2010.census.gov/2010census/why/constitutional.php) "all questions put forward by them ARE constitutional. It is constitutional to include questions beyond those concerning a simple count of the number of people because, on numerous occasions, the courts have said the Constitution gives Congress the authority to collect statistics in the census." While the 2010 form is one of the least intrusive forms, one does have to ask "just who is getting this information and why do I have to provide it?" The penalty for not answering each question asked on the forms is $100. False answers can cost up to $500 in fines. Failure to answer the questions on the census can result in a Census representative visiting you along with volunteers from different organizations including ACORN. Refusal to answer the questions from the Census worker/ACORN can result in fines and/or criminal prosecution.
During the 2000 Census, the Bureau had a lot of problems with people refusing to answer their many invasive questions. The "long" form with its 53 questions was so invasive that the sitting President said he didn't know if he would take the time to fill out the form. A lawsuit was brought by 5 naturalized American citizens. Federal Judge, Melinda Harmon, ruled that the Census Bureau has no automatic right to ask questions felt to be personal or intrusive and that it cannot threaten or prosecute citizens who refuse to answer such questions. Then, several months later, she reversed her decision citing that this is the way it has always been done. "This [the Constitution] does not prohibit the gathering of other statistics, if 'necessary and proper,' for the intelligent exercise of other powers enumerated in the Constitution," the U.S. Supreme Court had ruled in a 1901 case.
The plaintiffs expressed their concerns about how information about their origins and ethnicity could at some point be used against them citing precedence for the US Government using census data of this type during World War II to identify Americans with Japanese ancestry. These citizens of the US were then placed in internment camps for the duration of the war. The government justifies needing this data for the purposes to determine whether states and municipalities are in compliance with Voting Rights Act of 1964. In response to critics who charge that too much attention is paid to racial categorizing, officials point out that all censuses since the first survey in 1790 have included a question on race.
Judge Harmon voiced agreement with the plaintiffs. The internment represented, in her words, "a startling example of how census data, collected for proper purposes, has been illegally used by the government for improper purposes." She even drew upon Filegate as an example of misconduct by government officials having access to confidential files. Having gone that far, however, she tossed the problem to Congress to make the necessary corrections.
Ron Paul, Representative from Texas, said "The founders never authorized the federal government to continuously survey the American people. More importantly, they never envisioned a nation where the people would roll over and submit to every government demand.” We as Americans need to maintain a HEALTHY mistrust of the government and insist that Congress protect our rights to privacy. http://easylink.playstream.com/jerryday/Matrix/Census_ffp_vp6_400x224_300.flv

2 comments:

  1. Damn Strait! I am starting a savings account to 1. - Pay the fine and 2. - take it to court.
    This blog makes one wounder. What if We the People unite and all refuse. What could they do?
    We out number them.
    On a side note I think the same could be said for "Income Taxes"...

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  2. Good stuff, Catherine :) also, FYI, the image you have of the census under the dept of commerce is old, since the dept of commerce no longer houses the Census...

    http://online.wsj.com/article/SB123423384887066377.html

    "...having the director of next year's Census report directly to the White House rather than to the Commerce secretary..."

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