censusby Bob Greenslade

Note, this letter was sent to the Census bureau on 03-19-10.  To date, no response has been received.

Dear Census Bureau:

This is in response to your 2010 Census form. Since the answers to some of your questions exceed the space provided, all the answers are attached to the form in a separate document.

A review of Article I, Section 2, Clause 3 of the Constitution for the United States shows me that:

  • An enumeration of the population is the only power granted to Congress by this Clause.
  • Apportioning direct taxes and representatives among the several States is the sole purpose of the power granted to Congress by this Clause.
  • Congress’s authority to make laws concerning the Census is contained in this Clause and restricted to prescribing the “manner” for conducting the “actual enumeration.”

Since the Census Bureau, not Congress, is responsible for drafting the content of the 2010 Census form questions for this provision of the Constitution, it is proper to answer some of the questions accordingly.
Signed as a resident of the street address listed on your form.

The 10 Census Questions and My Answers

Question 1—How many people were living or staying in this house, apartment, or mobile home on April 1, 2010?

Answer—

Gave them the number because they are constitutionally entitled to take an enumeration.

Question 2— Were there any additional people staying here April 1, 2010 that you did not include in Question 1?

Answer—

Answered this question because it is connected to the enumeration in question 1.

Question 3—Is this house, apartment, or mobile home: owned with mortgage, owned without mortgage, rented, occupied without rent?

Answer—

To the best of my knowledge, this question is improper and a general information request because ascertaining housing status is not necessary and proper for putting the enumeration contained in Article I, Section 2, Clause 3 into effect.

However, if your agency can show how ascertaining housing status is necessary and proper for putting the enumeration contained in Article I, Section 2, Clause 3 into effect, this residence will be happy to change this answer.

Since your agency drafted the content of this question, please include the factual basis for your determination that the information requested in this question was necessary and proper for putting the enumeration contained in Article I, Section 2, Clause 3 into effect.

Question 4—What is your telephone number?

Answer—

To the best of my knowledge, this question is improper and a general information request because ascertaining a telephone number is not necessary and proper for putting the enumeration contained in Article I, Section 2, Clause 3 into effect.

However, if your agency can show how ascertaining a telephone number is necessary and proper for putting the enumeration contained in Article I, Section 2, Clause 3 into effect, this residence will be happy to change this answer.

Since your agency drafted the content of this question, please include the factual basis for your determination that the information requested in this question was necessary and proper for putting the enumeration contained in Article I, Section 2, Clause 3 into effect.

Question 5—Please provide information for each person living here. Start with a person here who owns or rents this house, apartment, or mobile home. If the owner or renter lives somewhere else, start with any adult living here. This will be Person 1. What is Person 1’s name?

Answer—

To the best of my knowledge, this question is improper and a general information request because ascertaining someone’s name is not necessary and proper for putting the enumeration contained in Article I, Section 2, Clause 3 into effect.

However, if your agency can show how ascertaining someone’s name is necessary and proper for putting the enumeration contained in Article I, Section 2, Clause 3 into effect, this residence will be happy to change this answer.

Since your agency drafted the content of this question, please include the factual basis for your determination that the information requested in this question was necessary and proper for putting the enumeration contained in Article I, Section 2, Clause 3 into effect.

Question 6—What is Person 1’s sex?

Answer—

To the best of my knowledge, this question is improper and a general information request because ascertaining someone’s sex is not necessary and proper for putting the enumeration contained in Article I, Section 2, Clause 3 into effect.

However, if your agency can show how ascertaining someone’s sex is necessary and proper for putting the enumeration contained in Article I, Section 2, Clause 3 into effect, this residence will be happy to change this answer.

Since your agency drafted the content of this question, please include the factual basis for your determination that the information requested in this question was necessary and proper for putting the enumeration contained in Article I, Section 2, Clause 3 into effect.

Question 7—What is Person 1’s age and Date of Birth?

Answer—

To the best of my knowledge, this question is improper and a general information request because ascertaining someone’s date of birth is not necessary and proper for putting the enumeration contained in Article I, Section 2, Clause 3 into effect.

However, if your agency can show how ascertaining someone’s date of birth is necessary and proper for putting the enumeration contained in Article I, Section 2, Clause 3 into effect, this residence will be happy to change this answer.

Since your agency drafted the content of this question, please include the factual basis for your determination that the information requested in this question was necessary and proper for putting the enumeration contained in Article I, Section 2, Clause 3 into effect.

Question 8—Is Person 1 of Hispanic, Latino or Spanish origin?

Answer—

To the best of my knowledge, this question is improper and a general information request because ascertaining if someone is of Hispanic, Latino or Spanish origin is not necessary and proper for putting the enumeration contained in Article I, Section 2, Clause 3 into effect.

However, if your agency can show how ascertaining if someone is of Hispanic, Latino or Spanish origin is necessary and proper for putting the enumeration contained in Article I, Section 2, Clause 3 into effect, this residence will be happy to change this answer.

Since your agency drafted the content of this question, please include the factual basis for your determination that the information requested in this question was necessary and proper for putting the enumeration contained in Article I, Section 2, Clause 3 into effect.

John Taylor of Caroline, Tyranny Unmasked

John Taylor of Caroline, Tyranny Unmasked

Question 9—What is Person 1’s race?

Answer—

To the best of my knowledge, this question is improper and a general information request because ascertaining someone’s race is not necessary and proper for putting the enumeration contained in Article I, Section 2, Clause 3 into effect.

However, if your agency can show how ascertaining someone’s race is necessary and proper for putting the enumeration contained in Article I, Section 2, Clause 3 into effect, this residence will be happy to change this answer.

Since your agency drafted the content of this question, please include the factual basis for your determination that the information requested in this question was necessary and proper for putting the enumeration contained in Article I, Section 2, Clause 3 into effect.

Question 10—Does Person 1 sometimes live or stay somewhere else?

Answer—

The individuals listed in answer number 1 are citizens of the Republic of California and permanently reside at the address listed on this form.

The Basis for My Reply and Answers (not included in the response)

The provision for the Census is found in Article I, Section 2, Clause 3 of the Constitution for the United States. A breakdown of this Clause shows:

  • An enumeration of the population is the only constitutional power granted to Congress by this Clause.
  • Apportioning direct taxes and representatives among the several States is the sole purpose of the power granted to Congress by this Clause.
  • Congress’s authority to make laws concerning the Census is contained in this Clause and restricted to prescribing the “manner” for conducting the “actual enumeration.”
  • The penalty provision, according to statements by the Census Bureau, is found in United States Code, Title 13, Section 221. A breakdown of Section 221 (a) shows that in order for a penalty to apply:
  • You must be over eighteen years of age and refuse or willfully neglect to answer, to the best of your knowledge, any of the Census form questions.
  • According to Section 221, there cannot be a penalty of any kind if you answer to the best of your knowledge.
  • The Oxford English Dictionary gives a broad definition of the word “knowledge” and states it can have a wide range of meanings and applications:

    “(i) expertise, and skills acquired by a person through experience or education; the theoretical or practical understanding of a subject; (ii) what is known in a particular field or in total; facts and information; or (iii) awareness or familiarity gained by experience of a fact or situation.”

  • Section 1 of Title 13, which provides the definitions for terms used in that Title, does not contain a special definition of the word “knowledge.” Thus, the common definition of the word must apply.
  • If someone asked me to answer, to the best of my knowledge, whether the sun rises in the north or the south, what would be the proper response? Since, based on personal knowledge, I know the sun rises in the east, it would be improper to answer the question as posed. The correct response would be to object to the question as being improper and state why.
  • Based on my research, the federal government is claiming Article I, Section 8, Clause 18, commonly known as the “Necessary and Proper Clause,” grants them the constitutional authority to make the additional information requests under the guise of the Census.

Because of the above, I incorporated the words “necessary and proper” and the words “into effect” into some of my answers.

Bob Greenslade [send him email] has been writing for www.thepriceofliberty.org since 2003.

Bob Greenslade

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