16 February 2010

To Be Free is To Say "NO"

A statement concerning the census by Michele Bachman, a Minnesota Congresswoman, made me look into the Constitutionality of the US census. Here is her actual response: "I know for my family the only question we will be answering is how many people are in our home," said Bachmann, who warned of corrupt ACORN involvement in the census. "We won't be answering any information beyond that, because the Constitution doesn't require any information beyond that." What peeked my interest was the implication by the congresswoman that she is required to report the number of people in her home. I wanted to know if the Federal government is Constitutionally authorized to conduct a census, why it was given the privilege of taking a census, and if I am required to answer it.

Is the federal government authorized to conduct a census?

Yes, the federal government is given the authorization to conduct a census by the Constitution which clearly defines the two reasons under Article I, Sections 2 and 9:

"Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons. The 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."

"No Capitation, or other direct, Tax shall be laid, unless in Proportion to the Census or Enumeration herein before directed to be taken."

Why does the Constitution authorize a census?

In Article 1, Section 2 the reasons are clearly stated.

"Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers."

Am I required to answer the census?

I asked this question in order satisfy my curiosity towards Bachman's response that she is Constitutionally required to report the number of people in her household on the census. I could not find any reference in the Constitution for an individual to be required to answer any census question. The reason the Constitution does not require us to answer the census because it was written to strictly LIMIT the government not the people. The government can not force us to answer it because by doing so would violate the Liberty of the inalienable rights of free and sovereign people. The 4th Amendment to the Constitution specifically denies the government from interfering in people's privacy. As an added safeguard, the 9th Amendment also clearly denies the government from passing any law or amendment which interferes with the rights of people:

"The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people."

Lastly, the Founders wouldn't have required us to answer the census because they rightfully mistrusted government and knew that given the opportunity it would violate the principle of a Free and Sovereign people, which is to determine for themselves what is good by having the ability to say "NO". The Founders knew government would use any means to capture more power for itself at the expense of the people's Liberty. Indeed, that is why they wrote the Constitution to strictly LIMIT only the government and to remind the people of those clear and defined limits.

So, while the Constitution does authorize the federal government to conduct a census for the purposes of taxation and representation. I could not find support for Michele Bachman's statement that she is Constitutionally required to report the number of people in her household. Based upon the principles of Liberty, the fervent mistrust of government by the Founders, and the strict Constitutional limits placed on our government, I can only conclude that there is no Constitutional requirement or moral justification to answer the census.

(previous articles are archived on my Writings page.)

Rebecca Iocca

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