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Civil Disobedience and the Census
By Robert Greenslade © Nitwit Press July 27, 2009 I recently heard someone say the time has come for some civil disobedience and the intrusive nature of the Census makes it the perfect place to start. I could not agree more. The American people need to draw a line in the sand and tell the reprobates in the federal government we will no longer tolerate their usurpations of power. If the American people are going make a stand and go toe to toe with the federal government, then they need a basic understanding of some constitutional principles because these principles are universal and pertain to every power exercised by the federal government. Constitutional Principles Principle No. 1. The Constitution established a separation of power between the States and their federal government. James Madison explained this principle in Federalist Essay No. 45:
In the New York State Convention debating ratification of the proposed constitution in 1788, John Jay, who was one of the authors of the Federalist Essays and would later become a justice of the United States Supreme Court, expressed this principle as follows:
Thomas Jefferson discussed this principle in various writings throughout his political career. In 1816 he wrote:
The federal government was empowered to deal with foreign affairs and relations between the States while the States would concern themselves with domestic affairs. The powers of the federal government are commonly known as delegated powers because when that government was established, the States delegated, not surrendered, a portion of their sovereign powers to the federal government. The powers not delegated to the federal government are known as reserved powers. Principle No. 2. The Constitution established a federal government of limited enumerated powers. Under this system of government, every power not granted to the federal government and enumerated in the Constitution is denied. This principle is the foundation of the Constitution and exists independent of the Tenth Amendment. That Amendment is merely a secondary level of restraint on the powers of the federal government. In Federalist Essay No. 14, James Madison wrote that adoption of the proposed constitution would not grant the federal government general legislative authority throughout the United States:
Alexander Hamilton addressed the principle of limited government in Federalist Essay No. 83:
The federal government only exists within the sphere of its delegated powers and is constitutionally powerless to act absent a specific grant of power. It should be noted that there are no implied powers beyond the delegated powers. For example. Congress has been granted “the power to establish post offices.” Therefore, Congress can pass any law necessary to the establishment and maintenance of post offices. This would include such incidental powers such as printing stamps, affixing their value, appropriating money for postal trucks, etc. Members of Congress constantly attempt to reverse this principle. I have lost count of the number of times I have watched one of these clowns hold up a copy of the Constitution and claim their powers are unlimited except in those instances were the Constitution places a restriction on their power. These individuals are either corrupt, incompetent, or both. Principle No. 3. Constitutionally, the federal government cannot use its delegated powers to encroach on the powers reserved to the States. In other words, the federal government cannot convert its federal and foreign powers into domestic powers to do things not entrusted to that government, i.e., use principle No. 2 to circumvent principle No. 1. Constitutional Provisions for the Census The provision for the Census is found in Article I, Section 2, Clause 3 of the Constitution. It is confined to determining the number of Representatives [in the House] and imposing direct Taxes among the several States.
The reader will note the power to make laws concerning the Census is restricted to the “actual enumeration.” In the case of direct taxes (a direct tax is a tax on property based on ownership), this provision requires Congress to apportion the tax among the individual States based on population. For example. Let’s say in 1790, two years after the ratification of the Constitution, Congress prepared a budget and decided to impose a direct tax to raise the needed revenue. And, based on the Census, Virginia had 30% of the population of the United States. Under the rule of apportionment, Virginia would have been responsible for 30% of the tax. The States collect the tax and turn the money over to the federal government. Direct taxes are inherently unfair because one State, with ten percent of the population, might be one of the richest States while another State, with the same percentage of the population, might be one of the poorest. Yet, under the direct tax formula imposed by the Constitution, both States would be required to pay the same amount. The Founders feared the use of direct taxes so they created a system to discourage their use. Since direct taxes must be apportioned based on population, an enumeration is needed to determine the percentage of tax for each State. 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 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:
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.
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:
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.
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.
Your comments and feedback are welcome!
Some other, related reading: The Flawed Second Amendment Debate The Second Amendment and the Preamble to the Bill of Rights Another Look at the Wording of the Second Amendment Tell me why the States needed the so-called "Collective Right" Second Amendment? The Second Amendment is an Individual Right A Question For The Supreme Court
Book now Available! See Editor's review here. "The Bill of Rights
Does Not Grant You Any Constitutional
Rights" $10.00-includes shipping and any applicable sales tax. P.S.C.S. Email any questions concerning the book/booklet to Bob at-govtnitwit [at] yahoo.com
Robert Greenslade
focuses his writing on issues surrounding
the federal government and the Constitution. He believes politicians at
the federal level, through ignorance or design, are systematically
dismantling the Constitution in an effort to expand their power and
consolidate control over the American people. He has dedicated himself
to resurrecting the true intent of the Constitution in the hope that
the information will contribute, in some small way, to restoring the
system of limited government established by the Constitution.
If you are interested in finding out more about the Constitution, take a look at this book. I use it in many of my articles and it is the best book I've found on this subject. Bob Reprint of the 1868 edition. ''Perhaps the ablest analysis of the nature and character of the federal government that has ever been published. It has remained unanswered.'' This review of Judge Story's Commentaries on the Constitution of the United States is perhaps the ablest analysis of the nature and character of the Federal Government that has ever been published. It has remained unanswered. Indeed, we are not aware that any attempt has been made to challenge the soundness of its reasoning. The great vise of Judge Story and the Federalists consisted in desiring the clothe the federal government with almost monarchical power, whereas the States had carefully and resolutely reserved the great mass of political power for themselves. The powers which they delegated to the federal government were few, and were general in their character. Those which they reserved embraced their original and inalienable sovereignty, which no state imagined it was surrendering when it adopted the constitution. Mr. Madison dwelt with great force upon the fact that ''a delegated is not a surrendered power.'' The states surrendered no powers to the federal government -- they only delegated them. 160 pages. |
Please see the bottom of the page for Bob's book offer. Archives The 2004 Declaration of Independence The Constitution and YOU Part 1 The Constitution and YOU Part 2 The Constitution and YOU Part 3l A Question For The Supreme Court The Second Amendment Question before the Supreme Court is Constitutionally Flawed and Dangerous It's Time To Break Out The Torches And Pitchforks! Constitution to Hillary, Obama and McCain Congress Makes the Laws not the President Do the American People really want Liberty and Constitutional Government? The Real ID Act proves the Federal Government is Not the All Powerful Oz There is no Legal Requirement for an American Citizen to have a Social Security Number The American People have become Servants to Government Employees A Republic, if you can Keep It Is Obama Ineligible to be President? The Game Changing Play John McCain and the Republicans Need to Win the Election Lawsuit Challenging Obama's Qualifications to be President Dismissed just as Predicted A Tenth Amendment Commission is not the Answer There Is a "New" Declaration of Independence, Mr. President The FairTax and The Sixteenth Amendment The Federal Government is using the General Welfare Clause to Steal your Money The
General Welfare Clause is the Enemy not the Sixteenth Amendment The Tea Party Movement Needs a Shield and Some Tactics The NEW 2009 Declaration of Independence Complete Archives for Robert Greenslade
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