Green Pioneer

I have an idea to decorate the side of our unfinished log home this spring.  A very large banner in patriotic red, white, and blue reading something as follows:



ALL NOSY, PRYING, COMPLAINING MEDDLERS

GO

MIND YOUR OWN BUSINESS.
ANYONE ELSE? WELCOME!

So what's that supposed to mean? Boycott the Census 2010. (Or just answer the one (1) and only question provided by the Constitution: How many in your household).

All census bureau agents/hacks/busy-bodies are not allowed on our property, and additionally, any other potential wannabe meddlers. If the shoe fits, wear it.

UPDATE 3-19-10

After making the above post, and responding to my brother, Clint's, comment below, we clicked over to the U.S. patent & trademark site to check out the registration mark of the United States Census Bureau. It appears that we (or our stats) are more valuable than we're being told.  We're forced to comply by law with no compensation under the auspices that this is merely a 'head' count of sorts...and an 'opportunity' to receive govt. cash...with grave assurances that our info will be kept private. What's your definition of private? Better yet, what's the Govt's definition of 'private'...could it be 'private' enterprise perhaps? Then today I found this article below:

Privatizing The Census
While Perverting Its Purposes By Jim Kirwan
3-19-10  

Taking the senders on the envelope in which the Census arrived and trying to find out who these agencies are and what they have to do with the Census; things got very foggy, very quickly. The U. S. Department of Commerce is the parent agency for the U. S. Census Bureau. The Economics and Statistics Administration is responsible for examining the 2010 Census and its effect upon the economy and as far as the web is concerned The U. S. Census Bureau just hires people to actually take the census.   Nowhere is there a clear budget for the 2010 Census; as to its costs: All we know about this is that an $89.5 million contract for the next nine years was given to IBM (which was not announced by the government); who probably devised the questionnaire and will run the results through their computers.

To try to figure out what the costs of this census really are; is to enter a Labyrinth of government agency connections and overlaps that leave you wondering why so many different agencies all have their hands in each others pockets: and why this particular project that is supposed to happen only once every ten years, requires so much of the attention of so many bureaucrats; and why apparently the Census is now an annual event, as opposed to only once every ten years?  

Here's part of the latest spin from the US Department of Commerce:   "WASHINGTON, March 18 /PRNewswire-USNewswire/ -- As 2010 Census forms arrive in more than 120 million mailboxes across the country this week, several 20-foot-high replicas of the form began touring the nation today. The U.S. Census Bureau's Giant 2010 Census Form Tour is part of a large-scale effort to encourage households to take 10 minutes to fill out and mail back their census forms.   (Logo: http://www.newscom.com/cgi-bin/prnh/20090226/CENSUSLOGO)

The forms will be on display at popular public sites in a number of major cities this week, such as Times Square in New York, Union Station in Washington and Daley Square in Chicago. Other cities include Atlanta, Boston, Charlotte, Dallas-Fort Worth, Detroit, Los Angeles, Phoenix, St. Louis and San Francisco.   SOURCE U.S. Census Bureau (1)   So the US Department of Commerce is holding a huge bash to promote Census 2010: But at what cost, and with what oversight to insure that what Commerce, the Economics & Statistics Administration & the Census Bureau say will happen to what you are being forced to send in?  

It seems that there really are no lines between the almost completely privatized US Department of Commerce and the government. There are also no clear accounting procedures for either the costs or for what happens to the data collected; in terms of everything that is being collected which does NOT involve the counting heads. That's critical because that is the only reason for there to be a U. S. Census Bureau: to count US Citizens in this country, once every ten years! So why is the US Census Bureau involved with Foreign Markets; in terms of their official logos?   "How much is the COMMERCE Department offering for your personal information?   Read more

And just found essentially the same article with links highlighted.


Here's another article citing the Constitutional grounds for census and the obscuring of the intentions:

The Federal Government Distorts the Purpose of the Census

On their web-page, the Census Bureau explains the purpose of the Census as follows:

The U.S. Constitution (Article I, Section 2) mandates a headcount of everyone residing in the United States.  The population totals determine each state’s Congressional representation.  The numbers also affect funding in your community and help inform decision makers about how your community is changing.

The reader will note that the federal government’s statement of purpose does not comport with the Article I, Section 2, Clause 3 of the Constitution.  Since decisions about our communities are not within the class of powers granted to the federal government (see constitutional principle No. 1), the reader will not find a reference to it in the limited powers granted to the federal government (see constitutional principle No. 2).

No More Census Long Forms

On their web-page, the Census Bureau states the long form used in the past has been replaced with a new short form:

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 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.

The reader will note that the additional information requested on the 2010 form will have absolutely nothing to with apportioning direct taxes or determining the number of representatives in the House of Representatives.

The American Community Survey

As stated above, the Census Bureau will be using the American Community Survey to extract personal data that it previously received on the old long form.  Once again, this information will have absolutely nothing to with apportioning direct taxes or determining the number of representatives in the House of Representatives.

Authority for the Census and the American Community Survey

On their web-site, the Census Bureau claims the American people are “required by law” to provide the information requested on either form and our response is “mandatory.”

For the Census, they cite the provision of the Constitution referenced above as their authority to request the information.

For the American Community Survey, they cite Title 13, United States Code (U.S.C.), Sections 141 and 193 as their authority to request the information.

Section 141 (d) states, in part: …the Secretary, in the year 1985 and every 10 years thereafter, shall conduct a mid-decade census of population in such form and content as he may determine…

Section 141 (e) (2) states: Information obtained in any mid-decade census shall not be used for apportionment of Representatives in Congress among the several States, nor shall such information be used in prescribing congressional districts.

Section 141 (g) As used in this section, “census of population” means a census of population, housing, and matters relating to population and housing.

Section 193 states: In advance of, in conjunction with, or after the taking of each census provided for by this chapter, the Secretary may make surveys and collect such preliminary and supplementary statistics related to the main topic of the census as are necessary to the initiation, taking, or completion thereof.

The first thing reader should note is the difference between the statement of authority for the 2 surveys.  The Census falls under the Constitution while the American Community Survey is merely based on a statute passed by Congress.

The second thing the reader should note concerning section 141 is the reference to a mid-decade census of population.  There is no constitutional authority for mid-decade census.  See again Article I, Section 2, Clause 3 of the Constitution.

The third thing the reader should note concerning section 141 is the statement that the information obtained from the mid-decade census cannot be used for the constitutional purpose of the actual Census.

The fourth thing the reader should note concerning section 141 is the statement that the mid-decade census is being used for housing, and matters relating to population and housing.  Article I, Section 2, Clause 3 does not contain a grant of power concerning these subjects.

This takes us to the other section cited as the authority for the American Community Survey.  Section 193 restricts census surveys and the collection of preliminary and supplementary statistics…to the main topic of the census…necessary to the initiation, taking, or completion thereof.  Constitutionally, the only topic of a census is a head count for apportioning direct taxes or determining the number of representatives in the House of Representatives.  Article I, Section 2, Clause 3 does not contain a grant of power for any other census.  The other ones referenced in section 193 fail to meet the constitutional topic of the only census enumerated in the Constitution.

Note: See again the first 2 constitutional principles discussed at the beginning of this article and then apply them to the American Community Survey.

Penalty Provisions for Failure to Comply with Either Survey Request

On their web-site, the Census Bureau states the penalty provision for failing to comply with either survey request is found in Title 13, U.S.C., Section 221.

Pursuant to this section, refusing to provide the requested information or neglecting to complete either survey subjects you to a fine of not more than $100.00.  Willfully giving information that is false subjects you to a fine of not more than $500.00.

Then, in what I believe is a blatant attempt to misrepresent federal law and install fear in the hearts and minds of the American people so they will provide the requested information, the Census Bureau included the following statement after their reference to the section 221 penalties referenced above:

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.

A review of Title 18 shows it is entitled:“CRIMES AND CRIMINAL PROCEDURE.”

Section 3559 is entitled: “Sentencing classification of offenses.”  Section (a) states: “Classification.—An offense that is not specifically classified by a letter grade in the section defining it, is classified if the maximum term of imprisonment authorized is—(9) five days or less, or if no imprisonment is authorized, as an infraction.

Section 3571 is entitled: “Sentence of fine.  Section (a) states: “A defendant who has been found guilty of an offense may be sentenced to pay a fine.”  Section (b) states in part: “…an individual who has been found guilty of an offense may be fined not more than the greatest of—(7)for an infraction, not more than $5,000.”  This is the only reference to a fine in the amount cited by the Census Bureau that matches the provision in section 3559 above.


The $5,000.00 fine referenced in section 3571 is a post conviction fine that only applies to an individual who has been charged and convicted of a criminal infraction as defined in section 3559.  Unless an individual has been charged and convicted of some criminal offense connected to the Census and the crime is classified as an infraction, this $5,000.00 fine does not apply.  Thus, their assertion that these sections changed the fines in section 221 to $5,000.00 is…you fill in the blank.  In my mind, it’s a blatant lie that borders on fraud.

My Rules and Plan of Attack

Here are the 3 basic rules I follow when I receive requests for personal information on the Census and/or American Community Survey forms.

* I never destroy or deface the forms.

* I never put false information on the forms.

* I never partially complete the forms.  If I am going to make the assertion that the requested information does not apply to me or the requested information exceeds the government’s constitutional authority to request the information, I return the form with a cover letter explaining why.

Here is my plan of attack for the Census and American Community Survey forms.

When I receive the 2010 Census form I will return it with a cover letter.  In the letter I will give them the number of people residing in the house and state that pursuant to Article I, Section 2, Clause 3 of the Constitution that is the only information they are empowered to request.  My “name, sex, age, date of birth, race, ethnicity, relationship and housing tenure” have absolutely nothing to with apportioning direct taxes or determining the number of representatives in the House of Representatives.  Therefore, neither Congress nor the Census Bureau has 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.  Period end of story.

When I receive the American Community Survey form, I will return it with a cover letter.  The letter will simply state that since the Constitution established a federal government of limited enumerated powers and that document does not grant them the general power to request the information, I am under no constitutional obligation to provide it.

If they attempt to distort the law and threaten me with the bogus $5,000.00 fine, as discussed and exposed above, I will send a letter to the Justice Department and request prosecution of the individuals making the threat.

The Coup de Gras to their Unconstitutional Information Requests

Even though I do not like to cite court cases, I either attach this one to my letter or hold it in reserve to support my refusal to comply with their bogus requests because it usually ends the discussion and any threat of a fine.

“Neither branch of the legislative department [House of Representatives or Senate], still less any merely administrative body [insert 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.’” [The bracketed words added for clarification]

Interstate Commerce Commission v. Brimson, 154 U.S. 447, 479 (May 26, 1894)

Note: This United States Supreme Court case has never been overturned.

If the federal government had been granted the general power to make inquires into the private affairs of the American people through the Census or a congressional mandated survey, then the Supreme Court could not have made this statement.

Now that we know the federal government was not granted the constitutional authority to make general inquires into our private affairs under the umbrella of the Census or a survey, I hope the American people will consider engaging in some civil disobedience and refuse to comply with these unconstitutional requests. Read entire article