RSSCensus: Can only ask # of tenants (not your name, etc.) / Form Ltr. U Ca
David L Lamon | March 16, 2010
Census: Can only ask # of tenants (not your name, etc.). Your answers (or lack thereof), cannot be used in court and cannot be obtained by law enforcement or tax collection agencies. They cannot be obtained with a Freedom of Information Act (FOIA) request. On this basis, the US Dept. of Census tries to get you to answer the rest of their non-authorized questions.
Here is a short letter you can print and send to them after answering only how many live in your house. The rest of the information they request is not allowed by the US Constitution. Insist on your Constitutional rights or you will lose them!
Copy, Paste and Print the following for your Friendly Neighborhood Census Taker (and friends) Share
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Date: ________________
United States Department of Commerce
Economics and Statistics Administration
U. S. Census Bureau
Washington, DC 20233-0001
To Whom it May Concern,
Pursuant to Article I, Section 2, Clause 3 of the Constitution, the only information you are empowered to request is the total number of occupants at this address. Our “names, sexes, ages, dates of birth, races, ethnicities, telephone numbers, relationships and housing tenures” have absolutely nothing to do with apportioning direct taxes or determining the number of representatives in the House of Representatives. Therefore, neither Congress nor the Census Bureau have 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.
Interstate Commerce Commission v. Brimson, 154 U.S. 447, 479 (May 26, 1894)
“Neither branch of the legislative department [House of Representatives or Senate], still less any merely administrative body [such as the Census Bureau], established by congress, possesses, or can be invested with, a general power of making inquiry into the private affairs of the citizen. Kilbourn v. Thompson, 103 U.S. 168, 190. We said in Boyd v. U.S., 116 U. S. 616, 630, 6 Sup. Ct. 524,?and it cannot be too often repeated,?that the principles that embody the essence of constitutional liberty and security forbid all invasions on the part of government and it’s employees of the sanctity of a man’s home and the privacies of his life. As said by Mr. Justice Field, in Re Pacific Ry. Commission, 32 Fed. 241, 250, ‘of all the rights of the citizen, few are of greater importance or more essential to his peace and happiness than the right of personal security, and that involves, not merely protection of his person from assault, but exemption of his private affairs, books, and papers from inspection and scrutiny of others. Without the enjoyment of this right, all others would lose half their value.’”
Note: This United States Supreme Court case has never been overturned.
Respectfully,
A Citizen of the United States of America
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