Last week you likely received a notification in the mail that you will be receiving in the mail your 2010 Census form sometime this week (yes, that’s redundant — this is the government after all). A lot of people have been wondering about this survey: Should we be worried about this ten question form, or not?
First, let us remember why the Census exists (at least the Constitutional reason):
Article I, Section 2 of the Constitution of the United States — “Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers [...]. 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.”
The Census is simply intended to be an enumeration — a head count — of the people for the purpose of determining Congressional districts.
Simple, right? The Census is to count the population. So why ten questions when you can fulfill the Constitutional requirement with just one: How many people live at this residence?
The answer lies in the government’s stated purpose for the 2010 Census. From the Census 2010 website, How It Benefits Your Community:
When you fill out the census form, you’re making a statement about what resources your community needs going forward.
Accurate data reflecting changes in your community are crucial in apportioning seats in the U.S. House of Representatives and deciding how more than $400 billion per year is allocated for projects like new hospitals and schools.
That’s more than $4 trillion over a 10-year period for things like new roads and schools, and services like job training centers.
The problem is that the government has expanded the purpose of the Census beyond simply counting the population to determine representation in Congress. The Census is being used to determine which communities will receive federal funding — a purpose that goes beyond what is allowed by the Constitution.
As a result, there are ten questions on the Census form. What are these questions? Should we be worried about answering them? The Census questions are available online (though you cannot fill out the form online). These are the questions you can expect to find on your form:
- How many people were living or staying in this house, apartment, or mobile home on April 1, 2010? — This is the one and only question that is necessary and Constitutional on this form.
- Were there any additional people staying here on April 1, 2010 that you did not include in Question 1? — This sounds an awful lot like Question 1. If we count the people staying with us in Question 1, what additional people would there be that were not included?
- Is this house, apartment, or mobile home: owned with mortgage, owned without mortgage, rented, occupied without rent? — This is irrelevant to the enumeration of the people.
- What is your telephone number? — The explanation for this question on the page linked above says this is to give the government a way to contact you in case they have a question about one of your responses. Maybe this is unnecessary, but it may also be better than a visit to your home instead.
- Please provide information for each person living here. Start with a person here who owns or rents this house, apartment, or mobile home. If the owner or renter lives somewhere else, start with any adult living here. This will be Person 1. What is Person 1’s name? — The Census is to record numbers, not register individuals.
- What is Person 1’s sex? — Irrelevant. Men and women both count as the same number of people.
- What is Person 1’s age and Date of Birth? — Also irrelevant. A senior citizen counts the same as a college student.
- Is Person 1 of Hispanic, Latino, or Spanish origin? — At best, this is completely unnecessary. At worst, it is racist. In order to insure fairness, the government ought to be blind when it comes to race.
- What is Person 1’s race? — See comment on Question 8.
- Does Person 1 sometimes live or stay somewhere else? — It could be argued that this goes along with Question 1. But no matter how many places we sometimes live or stay during the year, we will be in only one place on April 1, 2010. As long as we count based on that day, the count should be accurate.
On the government’s website, many of the explanations for these questions include the date when the government first started asking them. Some date back many years. But the question many have does not have to do with how long these questions have been asked, but with the Constitutionality of the questions. According to the Constitution, there is only one necessary question: How many people live here?
The reason why the Census is being used in an unconstitutional way is because the government has gone far beyond the power to which it was limited in the Constitution. It is high time that the government of this country, by the demands of the people, moves back to Constitutional ideals with a small, limited government.
So, many of the Census questions are Constitutionally irrelevant. Does that matter? There are many who are wondering if we should answer all the questions on our Census form. The Constitution only requires us to answer Question 1. But the federal government wants us to answer Questions 2-10.
In a recent blog post from the Heritage Foundation, To Answer or Not to Answer the Census — That Is the Question, the author points out that you could potentially be fined between $100-500 per question if you fail to provide correct information in your responses. On a ten question form, this could cost you $1,000-5,000 if the government decides to prosecute you. The article notes that prosecutions aren’t all that common, but they can happen.
So, are most of the questions Constitutional? No. Could it be worse? Absolutely. At least we can be thankful they aren’t asking about our income, religious affiliation, political views, or firearm collection.
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By the way, if you haven’t done so yet, visit the Heritage Foundation’s website and get your free pocket Constitution.




