William Hargraves’ tutorial to assist in your response to the Census folks…

Thursday, 25 March 2010

Here is a letter (sent to me by a friend) attached to a census form where only “how many” was indicated on the form – I have not had a chance to verify the claims here:

To Whom it may concern:

Pursuant to Article 1, section 2, clause 3 of the constitution , the only information you are empowered to request is the total number of occupants at this address.

My “name, sex, age, date of birth, race, ethnicity, telephone number, relationship and housing tenure” 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 1, 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 (26 May 1894):

Neither branch of the legislative department [House of Reps. 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 a 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 the government and it employees of the sanctity of a mans home and the privacies of his life.

As stated 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…

A Citizen of the United States of America.

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