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Unalienable Rights Foundation - Census Survey "I choose not to participate"
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Welcome to Unalienable Rights Foundation!


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·Letter sent to Gov. Robert F. McDonnell ;with a cc: to UARF;
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 Census Survey "I choose not to participate"

Letters and Request

Census Survey

"I choose not to participate" 

 

 

I had a conversation with this lady this morning and could not address her questions. Any thoughts on this US Census survey and its requirements?

Robert

 

Hi Robert,


Nice talking with you.

I received the first Census Survey form about a month ago and didn't send it back.
I received a second one about two weeks ago and returned it with "I choose not to participate" written on the unfilled out form. The Census Bureau has called me twice this week and I returned the call this morning. I was told that it was mandatory to fill out the form according to Title 13, she said she would mail me a copy of that law. I told her that I would not be filling out the form at any time and was told I HAD TO!

If you need any more information give me a call. 

Thank you,

JoAnn


5/11/2011

Robert:

How timely is this inquiry?

13 U.S.C. contains a lot of provisions.  From what the writer says there is no was to know to what the Govt. is addressing.

The word 'census' is found in two places in the Constitution:

[1] The Constitution of the United States of America

Article 1

 

Section 9. Limitations upon Powers of Congress. -- The migration or importation of such persons as any of the states now existing shall think proper to admit, shall not be prohibited by the Congress prior to the year one thousand eight hundred and eight, but a tax or duty may be imposed on such importation, not exceeding ten dollars for each person.

 The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it.

 No bill of attainder or ex post facto law shall be passed.

 No capitation, or other direct, tax shall be laid, unless in proportion to the census [1] or enumeration herein before directed to be taken.

 No tax or duty shall be laid on articles exported from any state.

 No preference shall be given by any regulation of commerce or revenue to the ports of one state over those of another: nor shall vessels bound to, or from, one state, be obliged to enter, clear, or pay duties in another.

 No money shall be drawn from the treasury, but in consequence of appropriations made by law; and a regular statement and account of the receipts and expenditures of all public money shall be published from time to time.

 No title of nobility shall be granted by the United States: And no person holding any office of profit or trust under them, shall, without the consent of the Congress, accept of any present, emolument, office, or title, of any kind whatever, from any king, prince, or foreign state. U.S. Constitution U.S. Con. Art. 1, § 9 (1789).

[2] The Constitution of the United States of America

16th Amendment 

Authorizing Income Taxes. -- The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several states, and without regard to any census [2] or enumeration. U.S. Constitution U.S. Con. 16th Amd. (1913).

This being said we find enumeration in the USC in four places:



The Constitution of the United States of America

Article 1 

Section 2. House of Representatives, How Constituted, Power of Impeachment. -- The House of Representatives shall be composed of members chosen every second year by the people of the several states, and the electors in each state shall have the qualifications requisite for electors of the most numerous branch of the state legislature. 

No person shall be a representative who shall not have attained to the age of twenty-five years, and been seven years a citizen of the United States, and who shall not, when elected, be an inhabitant of that state in which he shall be chosen. 

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 [1] 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. The number of representatives shall not exceed one for every thirty thousand, but each state shall have at least one representative; and until such [2] enumeration shall be made, the State of New Hampshire shall be entitled to choose three, Massachusetts eight, Rhode Island and Providence Plantations one, Connecticut five, New York six, New Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North Carolina five, South Carolina five, and Georgia three. 

When vacancies happen in the representation from any state, the executive authority thereof shall issue writs of election to fill such vacancies. 

The House of Representatives shall choose their speaker and other officers; and shall have the sole power of impeachment. U.S. Constitution U.S. Con. Art. 1, § 2 (1789).

 

The Constitution of the United States of America

Article 1

 

Section 9. Limitations upon Powers of Congress. -- The migration or importation of such persons as any of the states now existing shall think proper to admit, shall not be prohibited by the Congress prior to the year one thousand eight hundred and eight, but a tax or duty may be imposed on such importation, not exceeding ten dollars for each person. 

The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it.

 No bill of attainder or ex post facto law shall be passed.

 No capitation, or other direct, tax shall be laid, unless in proportion to the census or enumeration [3] herein before directed to be taken. [see paragraph of the third in Art. 1, Sec. 2 above]

 No tax or duty shall be laid on articles exported from any state.

 No preference shall be given by any regulation of commerce or revenue to the ports of one state over those of another: nor shall vessels bound to, or from, one state, be obliged to enter, clear, or pay duties in another.

 No money shall be drawn from the treasury, but in consequence of appropriations made by law; and a regular statement and account of the receipts and expenditures of all public money shall be published from time to time.

 No title of nobility shall be granted by the United States: And no person holding any office of profit or trust under them, shall, without the consent of the Congress, accept of any present, emolument, office, or title, of any kind whatever, from any king, prince, or foreign state. U.S. Constitution U.S. Con. Art. 1, § 9 (1789)

The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several states, and without regard to any census or enumeration [4]. U.S. Constitution U.S. Con. 16th Amd. (1913).

Read the above with:

The Constitution of the United States of America

Article 1 

Section 1. Legislative Powers. -- All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives. U.S. Constitution U.S. Con. Art. 1, § 1 (1789) and;

The Constitution of the United States of America

Article 1 

Section 8. Powers of Congress. -- The Congress shall have power to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States; but all duties, imposts and excises shall be uniform throughout the United States;

 To exercise exclusive legislation in all cases whatsoever, over such district (not exceeding ten miles square) as may, by session of particular states, and the acceptance of Congress, become the seat of the government of the United States, and to exercise like authority over all places purchased by the consent of the legislature of the state in which the same shall be, for the erection of forts, magazines, arsenals, dockyards, and other needful buildings;-And

 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 U.S. Con. Art. 1, § 8 (1789).

As for the census itself we find in;

13 U.S.C. § 141 - Population and other census information

(a) The Secretary shall, in the year 1980 and every 10 years thereafter, take a decennial census of population as of the first day of April of such year, which date shall be known as the "decennial census date", in such form and content as he may determine, including the use of sampling procedures and special surveys. In connection with any such census, the Secretary is authorized to obtain such other census information as necessary.

(b) The tabulation of total population by States under subsection (a) of this section as required for the apportionment of Representatives in Congress among the several States shall be completed within 9 months after the census date and reported by the Secretary to the President of the United States.

 

(c) The officers or public bodies having initial responsibility for the legislative apportionment or districting of each State may, not later than 3 years before the decennial census date, submit to the Secretary a plan identifying the geographic areas for which specific tabulations of population are desired. Each such plan shall be developed in accordance with criteria established by the Secretary, which he shall furnish to such officers or public bodies not later than April 1 of the fourth year preceding the decennial census date. Such criteria shall include requirements which assure that such plan shall be developed in a nonpartisan manner. Should the Secretary find that a plan submitted by such officers or public bodies does not meet the criteria established by him, he shall consult to the extent necessary with such officers or public bodies in order to achieve the alterations in such plan that he deems necessary to bring it into accord with such criteria. Any issues with respect to such plan remaining unresolved after such consultation shall be resolved by the Secretary, and in all cases he shall have final authority for determining the geographic format of such plan. Tabulations of population for the areas identified in any plan approved by the Secretary shall be completed by him as expeditiously as possible after the decennial census date and reported to the Governor of the State involved and to the officers or public bodies having responsibility for legislative apportionment or districting of such State, except that such tabulations of population of each State requesting a tabulation plan, and basic tabulations of population of each other State, shall, in any event, be completed, reported, and transmitted to each respective State within one year after the decennial census date.

 

(d) Without regard to subsections (a), (b), and (c) of this section, 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. The census shall be taken as of the first day of April of each such year, which date shall be known as the "mid-decade census date".

 

(e)

 

(1) If -

 

(A) in the administration of any program established by or under Federal law which provides benefits to State or local governments or to other recipients, eligibility for or the amount of such benefits would (without regard to this paragraph) be determined by taking into account data obtained in the most recent decennial census, and

 

(B) comparable data is obtained in a mid-decade census conducted after such decennial census,

 

then in the determination of such eligibility or amount of benefits the most recent data available from either the mid-decade or decennial census shall be used.

 

(2) Information obtained in any mid-decade census shall not be used for apportionment of Representatives in Congress among the several States, nor shall such information be used in prescribing congressional districts.

 

(f) With respect to each decennial and mid-decade census conducted under subsection (a) or (d) of this section, the Secretary shall submit to the committees of Congress having legislative jurisdiction over the census -

 

(1) not later than 3 years before the appropriate census date, a report containing the Secretary's determination of the subjects proposed to be included, and the types of information to be compiled, in such census;

 

(2) not later than 2 years before the appropriate census date, a report containing the Secretary's determination of the questions proposed to be included in such census; and

 

(3) after submission of a report under paragraph (1) or (2) of this subsection and before the appropriate census date, if the Secretary finds new circumstances exist which necessitate that the subjects, types of information, or questions contained in reports so submitted be modified, a report containing the Secretary's determination of the subjects, types of information, or questions as proposed to be modified.

 

(g) As used in this section, "census of population" means a census of population, housing, and matters relating to population and housing.

 

(Aug. 31, 1954, ch. 1158, 68 Stat. 1019; Pub. L. 85-207, Sec. 9, Aug. 28, 1957, 71 Stat. 483; Pub. L. 94-171, Secs. 1, 2(a), Dec. 23, 1975, 89 Stat. 1023, 1024; Pub. L. 94-521, Sec. 7(a), Oct. 17, 1976, 90 Stat. 2461.)

 

U.S. Code 13 U.S.C. § 141

Not much more can be said without having the document in hand to examine what is is the Govt wants.

 I have not passed this on to our General Counsel for comment as she has no documents to review.




 
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