By Paul Engel
December 16, 2024
- Have you received a census questionnaire this year?
- The Census is important, but lately it appears to be more about snooping on the American people.
- Could these census questionnaires actually be illegal?
Have you received one of these?
We’re all familiar with the decennial census, the enumeration of the population every ten years, but this isn’t one of those years. While the census is an important part of the union, it’s been corrupted and used illegally for decades, but these calls for more data are not only corrupted, but illegal.
The Census
The need to enumerate the population comes from Article I, Section 2, Clause 3 of the Constitution. Who is to be counted was changed in 1868 with the ratification of the Fourteenth Amendment.
Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed.
U.S. Constitution, Amendment XIV
Knowing how many people live in each state by a census is how the members of the House of Representatives are apportioned to the states. The only exception to who is counted are the Indians, who are not taxed.
The process for this enumeration remains in Article I.
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.
U.S. Constitution, Article I, Section 2, Clause 3
Since the first meeting of Congress happened in 1789, the first census was conducted in 1790, and the census has been conducted every ten years since. However, this simple enumeration has been supplanted by a demographic inquisition.
The first question on the 2020 census was legitimate enough.
- How many people were living or staying in this house, apartment, or mobile home on April 1, 2020?
However, the second question is a bit confusing.
- Were there any additional people staying here on April 1, 2020 that you did not include in Question 1?
If question 1 is to include everyone living or staying in a house, how can there be additional people staying there? From there, things go far beyond an enumeration of people living in each state.
- Is this house, apartment, or mobile home —
Owned by you or someone in this household with a mortgage or loan? Include home equity loans.
Owned by you or someone in this household free and clear (without a mortgage or loan)?
Rented?
Occupied without payment of rent? - What is your telephone number?
Then the questionnaire gets personal.
- Please provide information for each person living here.
- What is Person 1’s sex?
- What is Person 1’s age and what is Person 1’s date of birth?
- Is Person 1 of Hispanic, Latino, or Spanish origin?
- What is Person 1’s race?
And this goes on for every person in the house. This in itself is a violation of the Constitution, but we’ll get into that later.
Latest Transgression
While this decennial fishing expedition is bad enough, a few weeks ago I started receiving cards and letters like this.
While this junk mail is an annoyance, there is something on this page that not only grabbed my attention, but pissed me off. Do you see what it is? This is not only a lie, but is itself criminal. Would you like me to show you why?
Tenth Amendment
Let’s start with the fact that the United States isn’t allowed to enumerate the population whenever they want, only once every ten years. The United States only has the powers delegated to it by the Constitution, as stated in the Tenth Amendment:
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.
U.S. Constitution, Amendment X
Since Congress is only empowered:
To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.
U.S. Constitution, Article I, Section 8, Clause 18
Since the power to enumerate the population is not vested in the United States except for once every ten years, it was neither necessary nor proper for Congress to pass a law to do so. That makes 13 USC §141(d) unconstitutional, invalid, and void.
(d) … the Secretary, in the year 1985 and every 10 years thereafter, shall conduct a mid-decade census of population in such form and content as he may determine, including the use of sampling procedures and special surveys, taking into account the extent to which information to be obtained from such census will serve in lieu of information collected annually or less frequently in surveys or other statistical studies.
13 USC §141(d)
This also means that §193 unconstitutional, invalid, and void as well.
In advance of, in conjunction with, or after the taking of each census provided for by this chapter, the Secretary may make surveys and collect such preliminary and supplementary statistics related to the main topic of the census as are necessary to the initiation, taking, or completion thereof.
And that’s just the beginning.
Fourth Amendment
Both the demographic questions on the census and surveys are unconstitutional as well. That’s because they violate the Fourth Amendment to the Constitution.
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated
U.S. Constitution, Amendment IV
So the question that has to be answered is: Are these surveys reasonable? in the case Morales v. Daley, U.S. District Court for the Southern District of Texas found:
it is clear that asking personal questions of residents of the United States in the census was not regarded as an unlawful search.
This is based on the history of the census.
The Census Bureau points out that from the very first census, performed in 1790, Congress authorized questions pertaining to age, gender, and race.
However, there is a vast gulf between asking age, gender, and race in 1790 to who owns the dwelling and what is your telephone number. Remember, in 1790 only three-fifths of those not free were counted in the census, so asking about the state of servitude was reasonable.
That said, since the United States doesn’t have a constitutionally sound reason to have such detailed information or to update it so frequently, it’s not reasonable for them to search for such information.
Fifth Amendment
Not only is the United States illegally searching for this information, they try to intimidate us into witnessing against ourselves and giving up our right to be secure from unreasonable searches. As the Fifth Amendment states,
No person … shall be compelled in any criminal case to be a witness against himself
U.S. Constitution, Amendment V
You may be thinking that the census isn’t a criminal case, but the census document states that “Your response is required by law.” Meaning that there is the possibility of a criminal case. Just as you have a right to remain silent when confronted by law enforcement, even before criminal charges are pressed, you have a right to not answer questions from any government official. After all, the First Amendment states:
Congress shall make no law … abridging the freedom of speech
U.S. Constitution, Amendment I
Freedom of speech is not only the right to speak, but the right not to speak. Since there is no legitimate reason for the United States to have such information, you have no obligation to witness against yourself.
Deprivation of Rights
These facts makes the actions of the census not just unconstitutional, but criminal as well.
Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, … shall be fined under this title or imprisoned not more than one year, or both;
That means that anyone who attempts to enforce this intimidation tactic is committing a federal crime.
Conclusion
For my entire adult life, I’ve only answered a handful of questions on the census. My name, my address, and the number of people who live in my house. This went from a decennial nuisance to a regular infringement on my rights. Contrary to what it says on the Census envelopes, not only is your response not required by any legitimate law, but their repeated searches for information is the violation of the law. While I know many people have simply thrown these pesky invasions in the trash, I am keeping them as evidence of their criminal activity. I’m considering sending a cease and desist letter to the Census, with a copy going to my state Attorney General. I’m curious if would you join in such a letter?
© 2024 Paul Engel – All Rights Reserved
E-Mail Paul Engel: paul@constitutionstudy.com
