The 2010 Census/American Community Survey
Official Position Statement
Constitution Party of Washington
The 2010 Census
In the light of the many questions being received from concerned citizens about the nature and scope of the 2010 Census, the Constitution Party has issued the following statement:
“The United States Constitution, under Article 2, Section 1, as modified by the 14th Amendment provides that an “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;”
According to the US Census Bureau (http://2010.census.gov/2010census/why/index.php):
- The census is a count of everyone living in the United States every 10 years.
- The census is mandated by the U.S. Constitution.
- The next census is in 2010.
- Your participation in the census is required by law.
- It takes less than 10 minutes to complete.
- Federal law protects the personal information you share during the census.
- Census data are used to distribute Congressional seats to states, to make decisions about what community services to provide, and to distribute $400 billion in federal funds to local, state and tribal governments each year.
This in and of itself is not a concern to Constitutionalists. What is a concern is the long form version of the census which asks personal questions such as the number of bathrooms in a house, or physical and mental health conditions or whether the residents have healthcare insurance. This is beyond the scope and intent of Article 2, Section 1. See the 2009 Survey at www.census.gov/acs/www/Downloads/SQuest09.pdf
The US Census Bureau assures us that the 2010 Census will be a short form and limited in scope to information required by the Constitution (http://2010.census.gov/2010census/about_2010_census/007622.html).
In the past, most households received a short-form questionnaire, while one household in six received a long form that contained additional questions and provided more detailed socioeconomic information about the population.
The 2010 Census will be a short-form only census and will count all residents living in the United States as well as ask for name, sex, age, date of birth, race, ethnicity, relationship and housing tenure – taking just minutes to complete.
The Constitution only authorizes the federal government to take a census for the purpose of establishing equal representation in Congress (ie, establishing congressional district boundaries). Any question on the form beyond name, address and number of occupants at that address is a usurpation of power.
The American Community Survey
The more detailed socioeconomic information is now
collected through the American Community Survey. The survey provides
current data about your community every year, rather than once every
10 years. It is sent to a small percentage of the population on a
rotating basis throughout the decade. No household will receive the
survey more often than once every five years
as stated
on the American Community Survey website:
The American Community Survey (ACS) is a nationwide survey designed to provide communities a fresh look at how they are changing. It is a critical element in the Census Bureau's reengineered decennial census program. The ACS collects and produces population and housing information every year instead of every ten years. (www.census.gov/acs/www/SBasics/)
The American Community Survey is conducted under the authority of Title 13, United States Code, Sections 141 and 193, and response is mandatory. According to Section 221, persons who do not respond shall be fined not more than $100. Title 18 U.S.C. Section 3571 and Section 3559, in effect amends Title 13 U.S.C. Section 221 by changing the fine for anyone over 18 years old who refuses or willfully neglects to complete the questionnaire or answer questions posed by census takers from a fine of not more than $100 to not more than $5,000. The U.S. Census Bureau may use this information only for statistical purposes. We can assure you that your confidentiality is protected. Title 13 requires the Census Bureau to keep all information about you and all other respondents strictly confidential. Any Census Bureau employee who violates these provisions is subject to a fine of up to $250,000 or a prison sentence of up to five years, or both. (www.census.gov/acs/www/SBasics/What/What1.htm)
Herein lies the problem:
- The Federal government has mandated a personally invasive questionnaire by the US Census Bureau, which exceeds the scope and intent of Article 2, section 1 of the United States Constitution, the Supreme Law of the Land;
- It backs it up by the US Code and can assess a fine of $100 to any person over the age of 18 years who neglects or refuses to divulge personal information
The question then becomes, do we follow the letter of the law or do we follow the spirit of the law?
The Preface to the Constitution Party platform states,
We declare the platform of the Constitution Party to be predicated on the principles of
The Declaration of Independence,
The Constitution of the United States and
The Bill of Rights
According to the original intent of the Founding Fathers, these founding documents are the foundation of our Liberty and the Supreme Law of the Land.
The sole purpose of government, as stated in the Declaration of Independence, is to secure our unalienable rights given us by our Creator. When Government grows beyond this scope, it is usurpation, and liberty is compromised.
We believe the major issues we face today are best solved by a renewed allegiance to the original intent of these founding documents.
The Constitution Party believes in sustaining and obeying the Supreme Law of the Land as found in the documents listed above. Anything beyond that which has been enacted into law is subject to question as to its constitutionality. When a law exceeds the scope and intent of the US Constitution, it is up to every individual to seriously consider the consequences of their actions before they engage in the practice of Civil Disobedience.
The Constitution Party does not engage in giving legal advice and therefore will not instruct anyone as to whether they should or should not comply with the American Community Survey. However, it is our view that this survey, like many other actions of the federal government, is not authorized by the US Constitution and therefore is beyond the federal government's proper jurisdiction. We recognize that many patriotic citizens who hold greater loyalty to their country (as defined by the Declaration of Independence and the US Constitution) than to its current government (ie, Congress, the bills it passes and the agencies that implement those policies) will choose not to comply with the survey.