People are beginning to get their census forms, so now is a great time to discuss your obligations in filling out the census.
In Article 1, Section 2, the Constitution includes the phrase:
[An] 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.
In my opinion, this is exceptionally vague, as Congress is seemingly given very broad powers here. It does seem that the only requirement allowed per the Constitution is an enumeration, or a count, of the people. However, Congress has notoriously passed unconstitutional laws with the hopes that it never goes before the U.S. Supreme Court, and usually they are right. I believe that we are not obligated to follow laws that Congress passes that are unconstitutional. According to Thomas Jefferson:
“Whensoever the General Government (Washington) assumes undelegated powers, its acts are unauthoritative, void, and of no force.”
The form this year is actually much shorter than it has been in previous years. There are only 10 questions, the first being the Constitutionally accepted enumeration “How many people were living or staying in this house, apartment, or mobile home on April 1st, 2010?” The full list of 10 questions can be found here.
So, what can really happen to you if you don’t completely fill out the form?
The penalty for refusing to answer the census is only $100, and false answers bring a penalty of only $500. Yet the bureau did not prosecute a single non-respondent in 1980.
At an expected cost of $14.5 billion to the taxpayer for the census this year, this is the most expensive census in U.S. history. Even at this high cost the Census Bureau is estimating a return of only 2/3rds of the forms. I believe if this were farmed out to a private company and only asked for the Constitutionally allowed information, the results would be much better and the costs would be much lower to the taxpayer. To see the rate of return in your county for the 2000 census, go here. In my county, it was a rate of return of 57% to 62%. Lafayette county in southern Arkansas had the lowest return rate in Arkansas at 39% – 44%.
The question is, do you listen to Thomas Jefferson and risk having issues with the government, or do you stand your ground and perform a small act of civil disobedience to show your displeasure with the continuing encroachment of the federal government into every aspect of your life? I cannot tell you what to do, nor will I tell you what I plan to do. I will say that I feel a little civil disobedience coming on. Thomas Jefferson would be proud.
