Third Party & Independents Archives

March 18, 2010

Census: It IS illegal; to not answer it.

People-FreeFoto-dot-com-image.jpgI received my Census form yesterday, filled it out in under 5 minutes, and dropped it in the outgoing mail. When it arrived, I gave a moment’s thought to whether it was important enough to take the time then to complete it, or not. I immediately recognized the importance of the census to a democratically elected government which is supposed to serve the interests of the people of the nation. To do that, the government needs to know how many people there are and where they are located, and a few particulars. I took the time and got it out of the way.

This morning, while researching an entirely different topic, I came across a Rasmussen article citing a poll which indicates only 13% of Americans know it is illegal to fail to answer all the Census form questions. I did answer them all, yesterday, but, was not aware, like most of my fellow Americans, that it was illegal to not answer all the questions.

'Ignorance of the law is no defense', is a time honored maxim in America's justice system. But, is it a valid maxim? Why is it only 13% of Americans are aware of the law regarding the Census? Like most Americans, I have seen the commercials about the Census forms being mailed out on TV. Like most Americans, received my advance notice letter that my Census form would arrive in a week or so. What I didn't see in the commercial or the advance letter was any warning that it was illegal to fail to complete the census form.

Is this Census law enforced? If it isn't, that would explain the absence of wording to inform the public about the law regarding their Census obligation. If the law is enforced, however, and their are legal penalties to be levied against violators, doesn't our government have a responsibility to inform the public about the law regarding the Census. After all, it only occurs once every ten years.

An Associated Press article dated March 16, concludes by advising readers: "Failure to respond to the census carries a fine of up to $5,000, although that law is rarely enforced." That same article also cites Census Bureau director Robert Groves as saying: "If everyone who receives a census form mails it back, the government would save an estimated $1.5 billion in follow-up visits."

With 1.5 billion tax dollars on the line, is not in the public interest to both inform the public of the law, and enforce it, regarding the legal requirement to complete the Census form? It is this lack of enforcement that sets the backdrop for Republican Representative Michelle Bachmann to reportedly state in a June 18 Washington Times article that: "she will not fill out anything more than the number of people in her household" for the 2010 census because "the questions have become 'very intricate, very personal' " and because "she feared ACORN."

There was nothing intricate nor very personal asked in my form, other than the names of those in my household and my phone number. Conservative critics like Glenn Beck have been advocating against completing the Census form as if it was some kind of violation of the U.S. Constitution and right to privacy. The fact is, the U.S. Constitution clearly calls for a national Census taking as the basis upon which to apportion the number of Representatives to fill the House of Representatives as the people's spokespersons.

A Media Matters article dated June 25, 2009 reports:

In an interview with Clyne on the May 22 edition of Fox News show, Beck called the questions included in the ACS "unconstitutional," stating, "I mean, I'll tell you how many people live in my house. I don't think I need to tell you this. This is unconstitutional; I don't think I need to tell you all of this."

On the May 20 edition of his radio show, Neal Boortz told a caller, "I received a census form the other day asking me a whole bunch of questions about my small business. I threw it in the trash. I'm not going to answer it. None of their damn business." He later added that "the federal government and the state government, they have a legitimate reason for knowing how many people live where. They have no legitimate reason for knowing anything else. The rest of the information is -- most of the rest of the information is designed to help the government steal from you in order to pass off your property to the moochers. They're looters."

It would seem conservatives who rant about the deficits and debt, are a contributory cause for the 1.5 billion dollars to be added to the deficit this year due to the refusal of citizens to mail back their completed Census form. This kind of hostility by conservatives toward the Census may also fuel violence toward Census workers hired to visit citizen's homes and businesses to acquire their Census information.

There is a glaring irony to this story. In 2000, Florida, Georgia, Nevada, Arizona, Texas and North Carolina each had below-average mail participation rates of less than 70 percent, according to newly released census data. Except possibly for N. Carolina, these are all heavy Republican states. If conservatives avoid the Census, their states may be denied additional House of Representative seats as a result of a lower census count for their state, which would mean fewer Republicans in the House of Representatives.

I have come to the conclusion after this research, that our government has an ethical and legal responsibility to make every effort to enforce the fines against those who refuse to mail back their forms or answer the Census taker's questions in full, or abolish the enforcement law, altogether. It is a very slippery slope for government to effect laws which it does not enforce rigorously. It breeds contempt for the law in the open public square as evidenced by the likes of Michelle Bachmann and Glenn Beck. Contempt for the law can undermine a nation built upon the rule of law. Americans have the right to speak openly and critically of the law. They should, however, be absolutely certain that refusing to comply with the law will incur legal consequences.

There can be no equality in the eyes of the law if some are punished for violating the law and others are not. This accurate perception by the American public that this is precisely what takes place in America, is very similar to the perception of injustice our founders perceived as reason to reject the laws of England, entirely.

I also believe, however, that ignorance of the law SHOULD be a defense, when lawmakers and the executive branches of government do little, to nothing, to inform the public about the law. The Census TV commercial and the advance notification letter are obliged, in a rule of law nation, to include clear and bold language informing the public of the law on this Census taking. Failure to do so invites ignorance as a defense.

Posted by David R. Remer at March 18, 2010 07:51 AM
Comments
Comment #297511

I disagree. The last thing our growing tea party types need is another cause like people getting punished by the government for not complying. This would put us a step closer to civil war. It’s happened before.

I also think with the low participation and the complicating factors like people moving all the time that some sort of statistical method of counting or estimating would be atleast as accurate and wildly cheaper and easier. My understanding is the Republicans don’t want this as they count on the poor being undercounted.

Posted by: Schwamp at March 18, 2010 12:34 PM
Comment #297515

Schwamp said: “The last thing our growing tea party types need is another cause like people getting punished by the government for not complying.”

Then change the law. But, to take your position is to argue for an increase in contempt of the law, and that road leads to the Fall of Rome and some say even, Ancient Greece.

Do you really favor some people having the law enforced against them and other people not? That is the result of your stated position. The law has to be equally applied or we cease to be a nation governed by the rule of law.

Tea Partyers I have seen have no regard for the law and advocate all manner of breaking them. Secession, violence, hate speech, advocacy of not paying taxes. All these and more lead to anarchy. Sorry to hear you have joined that camp. Though it wasn’t much of a camp by the numbers that showed up in Wa. D.C. for Tea Party day this week.

Posted by: David R. Remer at March 18, 2010 03:11 PM
Comment #297517

David R. Remer writes:

Do you really favor some people having the law enforced against them and other people not? That is the result of your stated position. The law has to be equally applied or we cease to be a nation governed by the rule of law.

No. Your article did not cite any examples where it was enforced. But without a law it becomes optional. They are trying to do their job without stirring up a hornets nest. I give them credit for navigating a delicate situation; and if Rome falls it would not be because we didn’t declare war over census forms. You are advocating an un-necessary disaster. Over application of logic is not always best unless your living on Vulcan.

Posted by: Schwamp at March 18, 2010 03:32 PM
Comment #297524

Schwamp, sorry, but your argument COMPLETELY fails to address the 1.5 BILLION dollars it costs for non-compliant citizens.

As a taxpayer, I would like them to pay back in fines some of that 1.5 Billion dollars they cost the rest of Americans.

Guess your argument supports a welfare government that spends, asking nothing in return.

Posted by: David R. Remer at March 18, 2010 05:04 PM
Comment #297535

http://online.wsj.com/article/SB10001424052970204908604574332950796281832.html

The census taking, like nearly every thing else government has put their hands on, has been skewed, abused as the cited url outlines.

If the Fed can’t enforce their own immigration laws why would they expect us to knock ourselves out on the census?

Posted by: Roy Elllis at March 18, 2010 09:17 PM
Comment #297537


I worked for the Commerce Dept. on three separate occasions during the last census. I worked first as a mapper, updating their century old maps. In 2000, I worked as a door to door census taker and was later called back to make a final attempt to contact and get compliance from about a hundred households that had refused or couldn’t be contacted. Part of my job was to leave literature stating that the next visitor would be the Sheriffs Dept.

Posted by: jlw at March 18, 2010 09:36 PM
Comment #297541

jlw, like the linked article said, The Sheriff rarely actually shows up. Of course, this would vary from one enforcement district to another. But, overall, enforcement is a joke, and the fines are rarely levied.

Posted by: David R. Remer at March 18, 2010 11:20 PM
Comment #297542

Roy, thanks for the link, and good point. One more reason to VOID those incumbents in Congress who do not mandate enforcement of their own laws.

Posted by: David R. Remer at March 18, 2010 11:22 PM
Comment #297543

David,
As far as I know every American Student is shown the Constitution at least once in the mandated 12 years of Public Schooling so I do have a problem with Adults claiming Ignorance of their Civil and Constitutional Duties, Rights, and Responseability. However, seeing being Politically Incorrect prevents me from telling Glen Beck and others they are All Wet.

Nevertheless,I do believe it was Wise of America Founding Fathers of America and the Acient Ones of Songs found in the Upanishads of Sanskritonly to give a few Humans the Power of Authority.

Besides, wouldn’t it be cheaper if Americas’ Democratic and Republican Civil, Political, and Religious Leaders pay the Individual Citizen instead of spending millions to get a Corporation to respond?

Posted by: Henry Schlatman at March 18, 2010 11:55 PM
Comment #297546

Henry,

Reading the Constitution is no guarantor of understanding its broad and sweeping import and implications. This is why we have Ph.D’s in Constitutional Law. Even after so very many years studying it, many a professor will admit to not being educated in all its ramifications and implications and subsequent legal results. The law, especially in America, is a lifelong study, with always some new aspect to discover and learn about. All law, regulations, and ordinances in America stem from Constitution which provides for it. To say it is voluminous is an understatement.

Still, one of the very remarkable qualities of our Constitution is that the gist of it is easily graspable by anyone with average intelligence and what should be a high school graduate literacy level. Which is an indictment upon our educational system that so many who have graduated high school have so little grasp of this gist of our Constitution. When people argue, “I don’t agree with this or that law or policy and therefore, it is unconstitutional”, they reveal their ignorance in a most obvious and profound manner, without ever realizing it.

Michelle Bachmann comes to mind, and she is a U.S. Representative. Her role speaks to the educational and intelligence level of the constituents who elected her. Why they are not embarrassed by her, speaks to their not knowing what they don’t know.

Posted by: David R. Remer at March 19, 2010 12:57 AM
Comment #297558

David,
Even Michelle Bachmann deserves her right to be ignorant and to represent those citizens who would rather stay ignorant than embrace change; however, I do believe why they can cry all they want the Common Knowledge and Common Sense of Man is always on the run.

Besides, I remember something being said that is why Man had to build Bridges in the first place.

Posted by: Henry Schlatman at March 19, 2010 09:20 AM
Comment #297567


We can argue that a lack of intelligence and/or a lack of desire for information is a major problem in regards to good governance. Considering the fact that choices are limited in a two party system, I don’t see this as the major problem considering that the only input into governance they have is to elect politicians.

The real problem is the peoples desire to believe that their politicians are intelligent, well informed and wise problem solvers. Although they are consistently disappointed in the results, they persist in supporting the two parties and place one or the other in power, while expecting different results.

In addition, our politicians have gone to great lengths in an effort to make themselves indispensable by hiring armies of lawyers to write unnecessarily complicated legislation which has taken on a life of it’s own and which not only the constituents but the politicians themselves can’t understand.

In reality, the only decision that voters can make is a decision on which of the two ideologies shall we elect this time, the government/corporate partnership ideology of the corporate controls government ideology.

Posted by: jlw at March 19, 2010 03:27 PM
Comment #297579

So, we will have to punish all those underrepresented people? We can get at all those illegals who avoid the census as well as all those homeless and poor people who just don’t care.

Posted by: Christine at March 19, 2010 09:15 PM
Comment #297584

jlw said: “I don’t see this as the major problem considering that the only input into governance they have is to elect politicians.”

But, believing and following their politician’s lies and misinformation and ideologies, contributing to their campaign funding, and showing up at their rallies like good little sheep, is the major problem.

Our schools do not teach students how to independently and rationally examine the rhetoric and voting records of their representatives in comparison to real world results and analysis.

More Republic and less democracy is called for when the electorate is incapable of such independent analysis. The problem is, we turned in a lot of Republic for democracy with Universal suffrage, and that genie ain’t going back in the bottle. Leaving reforming our educational system to elevate political literacy substantially, the only course of action.

Posted by: David R. Remer at March 19, 2010 11:29 PM
Comment #297587

DR
Yeah, they should have said it was a legal requirement of citizenship with penalties for non-compliance. Of course enforcement would still be wind up being of the mattress tag removal enforcement frequency. There are just too many violators. How about we change the law so that failure to comply means you lose your franchise to vote ? Come on Teaparty.

Posted by: bills at March 20, 2010 05:19 AM
Comment #297644


David, the people are being paid back for their indiscretions.

A rogue government who’s primary concern has been and still is the health of the stock market and the corpocracy.

Posted by: jlw at March 21, 2010 01:57 PM
Comment #297658

jlw, in general, I can’t argue with your statement. It remains true that the lobbyists have far too great an influence upon legislators and control over the reelection outcomes. And the deeper pockets of these lobbyists will be found on Wall St. and corporate executive offices.

But, this is just one of myriad negative consequences of a falling and failing educational standard in America. As nearly everyone of our founding fathers were aware, democracy is absolutely dependent upon an informed and vested electorate. Which is why universal suffrage was the furthest thing from their minds in the 18th century when the majority of Americans were illiterate and had little vested in the actions of the government.

We now have vastly more democracy. And despite the dramatic increases in education in America since the 18th century, education, especially civic and history education, have not kept pace with the suffrage movement’s demand for a rational, vested, and educated electorate. We have a sizable minority of our population which denigrates higher education and distrusts those with degrees prominently affixed to their public reputations. Thus sheep are made into flocks and herded by the educated who downplay their own ivy league education and espouse rhetoric designed to appeal to more irrational character of their undereducated constituents.

This plays equally as beneficial to politicians on both sides of the aisle. Falling educational standards are a bi-partisan product of both our local and federal education bureaucracies run by politicians seeking a lesser informed and more manipulatable electorate, to insure their reelection probability.

Posted by: David R. Remer at March 21, 2010 07:30 PM
Comment #298451

Somehow, I’ve gotten something of a reputation as a conservative radical around here. That said, I filled out my census form and sent it right in.

Whatever our objections may be an accurate count is very important, important enough to put up with irritations and solve them at the ballot box.

Posted by: Lee Jamison at April 3, 2010 10:24 PM
Comment #298507

So how many of you were the same people bashing the patriot act because it was so intrusive? How many of you scream “racist” every time someone asks our government to enforce immigration law?

Seems that you would support the powers given to government by the people to protect and defend our country (its REAL job) and recognize when government oversteps the constitution in the case of the census.

How hard is it to realize that “enumeration” was the power given to the government for purposes of representation of US citizens (not a race, not a group defined by home ownership, not special interests, etc.) ?

Some want to over analyze the constitution and twist it into something that suits them. IT’S NOT THAT HARD PEOPLE!!

You’ll stand by like a thirsty herd of sheep and lap up anything your government doles out to you as long as “your guy” is in the White House or your party controls congress. You’ll give up your own rights and dignity to politicians who make more money and break more laws daily than most of those they “control”.

It’s NOT about a party! It’s about a strong commitment to our founding principles and the ideas upon which they were based that will keep our government in check…no matter WHICH party is in control!! Do you not see that our country was founded to escape the very things that are being repeated now by dishonest and dishonorable men and women in Washington?

Have some backbone and realize that your compliance with the erosion of our God-given rights will hurt EVERYONE…not just those you disagree with!

I personally will not ride that train with you! I choose to live by principle and forge a path back to where our country was strong and valued individual liberties. The tracks our country travels now lead to a “nanny” state and will most certainly destroy what is left. I for one will do my part to repair the tracks and get things moving in the right direction.

Posted by: Scott at April 6, 2010 01:09 AM
Comment #299184

In the 1940’s the US War Dept. used information obtained by the census bureau to round US citizens of Japanese decent. These American’s were stripped of their property and sent to internment camps. The census has NO constitutional authority to obligate you to answer any question, beyond the number of persons living in your household. And even if you do not answer that question, the constitution limits the amount of potential fines to $100.00 Don’t be bullied by big brother.

Posted by: Carlos at April 18, 2010 02:22 PM
Comment #300609

It is my understanding that the census, which began in 1790, is intended on helping the federal government allocate tax revenue to state and local areas. Also, after 72 years your data becomes public so that your family can have access to vital genealogical information. Its to benefit us. I find it ridiculous that someone can be so self absorbed that they don’t want someone to know what age they are or what their middle initial is. Just do it for your community.

Posted by: Kayde at May 17, 2010 02:13 AM
Comment #302054

Sad that the 4th Amendment is being put aside for personal information of citizens in the Brave new Amerika.

Posted by: Elad at June 11, 2010 06:11 PM
Comment #302973

Mr. Boortz never said don’t return your census. He said they are only entitled to the number of people living in your home. that is all the constitution requires. the other form they send businesses is not a census, and I don’t fill them out either. They are about ten pages long and nothing they ask is any of there business.

Posted by: chuck at July 1, 2010 11:19 PM
Post a comment