Government’s Unconstitutional Census Tactics Well Known
J.J. Jackson | July 12, 2009
Once again the readers of American Conservative Daily prove that they are well ahead of the curve and probably more Constitutionally literate than the American population as a whole. Recently we asked the question, “Is it unconstitutional for the government to ask any question in the Census other than the number of persons in a household?”
The responses were not even close with 79% showing their Constitutional smarts by answering yes.
If asked by the federal government during the census for any information other than the Constitutionally qualified question of enumeration, will you refuse to provide such further information?
- Yes (84%, 1,346 Votes)
- No (10%, 159 Votes)
- Unsure (6%, 102 Votes)
Total Voters: 1,607
Unfortunately we also had some liberal sites purposefully sending their readers over to ACD to specifically vote, “no” but they were not able to generate enough traffic to sway the poll. In all, only 14% answered that the federal government could ask questions beyond the topic of enumeration. 7% said that they were unsure.
Just to show those who actually think that the federal government asking anything beyond enumeration is not unconstitutional, and because I like to deal with facts and not feelings, let’s look at the facts.
The power of Enumeration (the Census) is granted under Article I, Section 2:
“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.”
Nowhere does the Constitution give the government the authority to ask any further questions under the guise of the Census. Recognizing this we then turn to Amendment X of the Constitution which states:
“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”
Since the power to ask the people the race, age, sex, income, etc of persons is not given to the federal government under this power it is therefore not a power that they can engage in. And that is why those of you who voted no to the question above are wrong.
Sorry.
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