Is the Current Census Constitutional? The Answer May Surprise You

Bookmark and Share

Written by: Harold Pease

There are only two reasons given in the US Constitution for what we now call the census: determining the number of representatives needed for a given area, and directing federal taxes.  Constitutionally there is but one legitimate question: how many people live in this residence?  With the House of Representatives based upon population the first reason is obvious.  But the second reason expired when the 16th Amendment to the Constitution introduced the infamous income tax.

Today, three columns of invasive questions across 28 pages are asked in the companion to this year’s census- the American Community Survey.  Though the current census has been reduced to ‘just’ 10 questions, the old census ‘long form’ data is now being gathered via the ACS.  In their words:

“The ongoing American Community Survey has replaced the decennial census long form in 2010 and thereafter by collecting long form-type information throughout the decade rather than once every 10 years.”

Washington DC’s violations of your privacy will now be continuous, rather than once per decade.  With respect to housing they want to know what kind of building you live in, when it was built, how many rooms, your mortgage, taxes, insurance and utility costs, and move-in date.  They also want to know how many automobiles are kept on the premises.

With respect to your personal life, the Feds want to know how many times you were married, the date of your last marriage, and if you have serious difficulty concentrating or bathing.  At one point they even asked for the number of stillbirths or abortions you have had. Even your nosiest neighbor does not know these things.

Your job?  They wish to know when and where you worked last and how you got there; even how many minutes to get to work is requested.  And, of course, you had to disclose your salary, who you work for and what kind of work you do as well as your educational level. President George Bush in 2000 grumbled: “I can understand why people don’t want to give over that information to the government.  If I have the long form, I’m not so sure I would do it either.” In China under communism, they had spies gather this information.  Today in the Facebook generation, where nothing is sacred or private, many people have willingly given it to the Federal government.

The part I like best are the questions where I am forced to categorize myself by race, but there is no category for someone that doesn’t make distinctions on the basis of race. If given the choice, many would categorize themselves simply as American, and yet in America that is not offered as an option.

The American Community Survey conducting the census publishes a pamphlet called “50 Ways Census Data Are Used”.  Only two of the ways this data is used are constitutional.  How can DC  just collect sensitive personal data without Constitutional authorization?  They can’t, without serious distortion.  The moment the first census question was asked regarding anything other than ‘how many people live in your home’, the intent of the Constitution was violated.

Should one refuse to answer all unconstitutional questions, the punishment is a fine of up to $5,000.  Some time ago they even threatened imprisonment.

The Founding Fathers authorized no other purpose for the head count. If offered a window to our day, they would be appalled at the Federal government’s misuse of this power.  They never intended the census to be a national information gathering service, like the one preying on you today.

Dr. Harold Pease is an expert on the United States Constitution. He has dedicated his career to studying the writings of the Founding Fathers and applying that knowledge to current events. He has taught history and political science from this perspective for over 25 years at Taft College. To read more of his articles, please visit www.LibertyUnderFire.org.

If you enjoyed this post:
Click Here to Get the Free Tenth Amendment Center Newsletter,

Or make a donation to help keep this site active.

This website uses IntenseDebate comments, but they are not currently loaded because either your browser doesn't support JavaScript, or they didn't load fast enough.