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Thread: OT assistance please. Is there an exception to §943.13(1m)(a) for census workers?

  1. #1
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    943.13 Trespass to land.
    [ ... ]
    (1m) Whoever does any of the following is subject to a Class B forfeiture:
    (a) Enters any enclosed, cultivated or undeveloped land of another, other than open land specified in par. (e) or (f), without the express or implied consent of the owner or occupant.
    [ ... ]
    (1s) In determining whether a person has implied consent to enter the land of another a trier of fact shall consider all of the circumstances existing at the time the person entered the land, including all of the following:
    (a) Whether the owner or occupant acquiesced to previous entries by the person or by other persons under similar circumstances.
    (b) The customary use, if any, of the land by other persons.
    (c) Whether the owner or occupant represented to the public that the land may be entered for particular purposes.
    (d) The general arrangement or design of any improvements or structures on the land.
    I Am Not A Lawyer!

    I have perused the context of every mention of "trespass" in my copy of Wisconsin Statutes. I have perused the context of many but not all of the mentions of "census" in my copy of the statutes.

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    Founder's Club Member Brass Magnet's Avatar
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    I'll look but I don't think there is an exception anywhere for census workers as I've heard of people kicking them off of their property... This is just hearsay of course.

    I'm interested in this too as I've received the ridiculous "Community Survey" this year. As far as I can tell I'm only required to tell them how many adults are living at my location. I don't plan on filling anything else out.

    It makes me angry that the letters all have a big bold "YOU ARE REQUIRED BY LAW TO DO THIS" B.S. The constitution says the gubmint can count us, not ask us a bunch of invasive questions. Somewhere I read that individuals were ripping off the part that asks how many people live here, filling it out and attaching the pertinent section of the constitution before mailing it in. Seems like a good defiance to me.

    I've read that if you do get fined for not filling it out, it'll cost you a Benjamin.

    In any case, if a census worker comes to my property, I'll tell them the number of people living at the residence, and kindly ask them to leave. If they don't, I'll call the Sheriff and see what happens.

    The census workers themselves are mostly a bunch of people that get hired especially for this so I don't expect them to know the law very well.

    ETA: You can always get a head up by placing a sign at likely entrances to your property that reads something along the lines of "Census workers are not allowed on this property" or replace census workers with "Government Agents" if it fits your fancy.
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    I have a publication from the Door County Senior Services Center that has words to the effect of "the only question that you must answer is how many in the household." It is at the frontdoor.

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    Individual census records cannot be released for view by the public or government agencies for 100 years. In other words they are prohibited from notifying anyone including any law enforcement agency that you have lied on it or put down incorrect data for 100 years. So if you fill it out saying that 100 people live in your household they cannot prosecute you until the individual records are release in 2110. By then you should be able to find a good lawyer to represent you. Remember all information that they collect is private between you and them until 2110.

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    http://www.google.com/hostednews/ap/...ly_jQD9E81PA80

    Gov't offers new assurance census data is private By HOPE YEN (AP) – 2 hours ago
    WASHINGTON — With the 2010 population count looming, the government provided new assurances Thursday that information Americans fill out on their census forms will be kept confidential and not be used for law enforcement.
    In a letter to Congress, the Obama administration provided its legal position that census data cannot be disclosed under the Patriot Act, the nation's main counterterrorism law. The government has previously given legal assurances the information will not be used for immigration enforcement.
    "If Congress intended to override these protections it would say so clearly and explicitly," wrote Assistant Attorney General Ronald Weich.
    The legal assurance had been a sticking point for some minority groups, particularly South Asian and Muslim Americans, who argued that an ambiguity in federal laws could leave their census data open for use in prosecutions involving national security. Some said they could not feel confident in filling out the forms based on solely the verbal promises of Commerce Secretary Gary Locke and other census officials who said the data will not be shared with other federal agencies.
    "All United States residents should be fully confident that the individual information they provide on census forms is protected from disclosure by law," said Commerce spokesman Nick Kimball.
    The Census Bureau this week began delivering letters to homes in rural areas and is mailing the 10-question forms to 120 million U.S. households on March 15. Officials have estimated the government survey will take just 10 minutes to complete, a change from previous censuses in which many people received a more detailed questionnaire.
    The population count, conducted every 10 years, is used to distribute House seats and more than $400 billion in federal aid. The questions on the form ask about people's gender, race, family, housing, as well as their address and telephone number.
    The government move comes as several black, Latino and Asian groups as well as some lawmakers have questioned whether the Census Bureau has been able to motivate hard-to-count groups, who are primarily minorities and the poor. One of the main obstacles to census participation they cited has been a distrust of government, including concerns about whether their personal information may be misused.
    The Justice Department is not aware of an instance where the Patriot Act has ever been used to obtain census information. "The administration is confident that the Patriot Act still provides the tools and authorities we need to combat terrorism and protect the American people," said Justice spokesman Alejandro Miyar

    Copyright © 2010 The Associated Press. All rights reserved.

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    Regular Member ROOK_WI's Avatar
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    Not sure if this helps or hurts...interesting read none the less.

    Source:

    http://www.law.cornell.edu/uscode/ht...000-notes.html

    --------------------------------------------------------------------


    TITLE 13 > CHAPTER 5 > SUBCHAPTER II > §141


    NOTES:




    Source

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


    Historical and Revision Notes

    Based on title 13, U.S.C., 1952 ed., §201 (June 18, 1929, ch. 28, §1, 46 Stat. 21; May 17, 1932, ch. 190, 47 Stat. 158).
    References to the Secretary, meaning the Secretary of Commerce, were substituted for references to the Director of the Census, to conform with 1950 Reorganization Plan No. 5, §§1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1263. See Revision Note to section 4 of this title.
    The provision for taking the censuses in “1930 and every ten years thereafter” was changed to “1960 and every ten years thereafter” since the censuses for the years 1930, 1940 and 1950 have been completed.
    The requirement that decennial censuses of “distribution” and “mines” should also be taken was omitted as superseded by section 121 of title 13, U.S.C., 1952 ed. (enacted in 1948), the provisions of which were carried into subchapter I of this chapter.
    Section 1442 of title 42, U.S.C., 1952 ed., the Public Health and Welfare (which section has been transferred in its entirety to this revised title), made all provisions of chapter 4 of title 13, U.S.C., 1952 ed., applicable to the housing censuses provided for in such section. However, section 201 of such title 13 (which section was a part of such chapter 4), which, as indicated above, has been carried into this revised section, could not, except, possibly, for the provisions thereof relating to the territorial scope of the censuses and to the census duties of the governors of Guam, Samoa, the Virgin Islands, and the Canal Zone, have any relevancy to such housing censuses, and such section 1442 of title 42, U.S.C., 1952 ed., contained its own provisions relating to territorial scope of the housing censuses. Therefore the provisions of this revised section have not been made so applicable.
    Changes were made in phraseology.


    Amendments

    1976—Pub. L. 94–521 substituted “Population and other census information” for “Population, unemployment, and housing” in section catchline, without reference to amendment of catchline by Pub. L. 94–171.
    Subsec. (a). Pub. L. 94–521 substituted “1980” for “1960” and “decennial census of population” for “census of population, unemployment, and housing (including utilities and equipment)”, inserted “of such year” after “April”, substituted “which date shall be known as the decennial census date” for “which shall be known as the census date”, and inserted provisions authorizing the Secretary to take the decennial census in whatever form and content he determines, using sampling procedures and special surveys, and authorizing him to obtain other such census information as is necessary, in connection with the decennial census.
    Subsec. (b). Pub. L. 94–521 inserted “under subsection (a) of this section” after “population by States”, inserted “in Congress among the several States” after “Representatives”, and substituted “9 months after the census date” for “eight months of the census date”.
    Subsec. (c). Pub. L. 94–521 substituted “the decennial census date” for “the census date” wherever appearing.
    Subsecs. (d) to (g). Pub. L. 94–521 added subsecs. (d) to (g).
    1975—Pub. L. 94–171, §2(a), inserted “; tabulation for legislative apportionment” in section catchline.
    Subsec. (c). Pub. L. 94–171, §1, added subsec. (c).
    1957—Pub. L. 85–207 substituted “Population, unemployment, and housing” for “Population, agriculture, irrigation, drainage, and unemployment; territory excluded” in section catchline; inserted in text housing census provisions, struck out census coverage of agriculture, irrigation, and drainage and geographical provisions, and designated existing provisions as so amended as subsec. (a); and added subsec. (b). Census of agriculture, irrigation, and drainage and the geographical provisions are covered by sections 142 and 191 of this title.


    Effective Date of 1976 Amendment

    Amendment by Pub. L. 94–521 effective Oct. 17, 1976, see section 17 of Pub. L. 94–521, set out as a note under section 1 of this title.


    Statistical Sampling or Adjustment in Decennial Enumeration of Population

    Pub. L. 105–119, title II, §209, Nov. 26, 1997, 111 Stat. 2480, provided that:
    “(a) Congress finds that—
    “(1) it is the constitutional duty of the Congress to ensure that the decennial enumeration of the population is conducted in a manner consistent with the Constitution and laws of the United States;
    “(2) the sole constitutional purpose of the decennial enumeration of the population is the apportionment of Representatives in Congress among the several States;
    “(3) section 2 of the 14th article of amendment to the Constitution clearly states that Representatives are to be ‘apportioned among the several States according to their respective numbers, counting the whole number of persons in each State’;
    “(4) article I, section 2, clause 3 of the Constitution clearly requires an ‘actual Enumeration’ of the population, and section 195 of title 13, United States Code, clearly provides ‘Except for the determination of population for purposes of apportionment of Representatives in Congress among the several States, the Secretary shall, if he considers it feasible, authorize the use of the statistical method known as “sampling” in carrying out the provisions of this title.’;
    “(5) the decennial enumeration of the population is one of the most critical constitutional functions our Federal Government performs;
    “(6) it is essential that the decennial enumeration of the population be as accurate as possible, consistent with the Constitution and laws of the United States;
    “(7) the use of statistical sampling or statistical adjustment in conjunction with an actual enumeration to carry out the census with respect to any segment of the population poses the risk of an inaccurate, invalid, and unconstitutional census;
    “(8) the decennial enumeration of the population is a complex and vast undertaking, and if such enumeration is conducted in a manner that does not comply with the requirements of the Constitution or laws of the United States, it would be impracticable for the States to obtain, and the courts of the United States to provide, meaningful relief after such enumeration has been conducted; and
    “(9) Congress is committed to providing the level of funding that is required to perform the entire range of constitutional census activities, with a particular emphasis on accurately enumerating all individuals who have historically been undercounted, and toward this end, Congress expects—
    “(A) aggressive and innovative promotion and outreach campaigns in hard-to-count communities;
    “(B) the hiring of enumerators from within those communities;
    “(C) continued cooperation with local government on address list development; and
    “(D) maximized census employment opportunities for individuals seeking to make the transition from welfare to work.
    “(b) Any person aggrieved by the use of any statistical method in violation of the Constitution or any provision of law (other than this Act [see Tables for classification]), in connection with the 2000 or any later decennial census, to determine the population for purposes of the apportionment or redistricting of Members in Congress, may in a civil action obtain declaratory, injunctive, and any other appropriate relief against the use of such method.
    “(c) For purposes of this section—
    “(1) the use of any statistical method as part of a dress rehearsal or other simulation of a census in preparation for the use of such method, in a decennial census, to determine the population for purposes of the apportionment or redistricting of Members in Congress shall be considered the use of such method in connection with that census; and
    “(2) the report ordered by title VIII of Public Law 105–18 [111 Stat. 217] and the Census 2000 Operational Plan shall be deemed to constitute final agency action regarding the use of statistical methods in the 2000 decennial census, thus making the question of their use in such census sufficiently concrete and final to now be reviewable in a judicial proceeding.
    “(d) For purposes of this section, an aggrieved person (described in subsection (b)) includes—
    “(1) any resident of a State whose congressional representation or district could be changed as a result of the use of a statistical method challenged in the civil action;
    “(2) any Representative or Senator in Congress; and
    “(3) either House of Congress.
    “(e)(1) Any action brought under this section shall be heard and determined by a district court of three judges in accordance with section 2284 of title 28, United States Code. The chief judge of the United States court of appeals for each circuit shall, to the extent practicable and consistent with the avoidance of unnecessary delay, consolidate, for all purposes, in one district court within that circuit, all actions pending in that circuit under this section. Any party to an action under this section shall be precluded from seeking any consolidation of that action other than is provided in this paragraph. In selecting the district court in which to consolidate such actions, the chief judge shall consider the convenience of the parties and witnesses and efficient conduct of such actions. Any final order or injunction of a United States district court that is issued pursuant to an action brought under this section shall be reviewable by appeal directly to the Supreme Court of the United States. Any such appeal shall be taken by a notice of appeal filed within 10 days after such order is entered; and the jurisdictional statement shall be filed within 30 days after such order is entered. No stay of an order issued pursuant to an action brought under this section may be issued by a single Justice of the Supreme Court.
    “(2) It shall be the duty of a United States district court hearing an action brought under this section and the Supreme Court of the United States to advance on the docket and to expedite to the greatest possible extent the disposition of any such matter.
    “(f) Any agency or entity within the executive branch having authority with respect to the carrying out of a decennial census may in a civil action obtain a declaratory judgment respecting whether or not the use of a statistical method, in connection with such census, to determine the population for the purposes of the apportionment or redistricting of Members in Congress is forbidden by the Constitution and laws of the United States.
    “(g) The Speaker of the House of Representatives or the Speaker’s designee or designees may commence or join in a civil action, for and on behalf of the House of Representatives, under any applicable law, to prevent the use of any statistical method, in connection with the decennial census, to determine the population for purposes of the apportionment or redistricting of Members in Congress. It shall be the duty of the Office of the General Counsel of the House of Representatives to represent the House in such civil action, according to the directions of the Speaker. The Office of the General Counsel of the House of Representatives may employ the services of outside counsel and other experts for this purpose.
    “(h) For purposes of this section and section 210 [set out below]—
    “(1) the term ‘statistical method’ means an activity related to the design, planning, testing, or implementation of the use of representative sampling, or any other statistical procedure, including statistical adjustment, to add or subtract counts to or from the enumeration of the population as a result of statistical inference; and
    “(2) the term ‘census’ or ‘decennial census’ means a decennial enumeration of the population.
    “(i) Nothing in this Act shall be construed to authorize the use of any statistical method, in connection with a decennial census, for the apportionment or redistricting of Members in Congress.
    “(j) Sufficient funds appropriated under this Act or under any other Act for purposes of the 2000 decennial census shall be used by the Bureau of the Census to plan, test, and become prepared to implement a 2000 decennial census, without using statistical methods, which shall result in the percentage of the total population actually enumerated being as close to 100 percent as possible. In both the 2000 decennial census, and any dress rehearsal or other simulation made in preparation for the 2000 decennial census, the number of persons enumerated without using statistical methods must be publicly available for all levels of census geography which are being released by the Bureau of the Census for: (1) all data releases before January 1, 2001; (2) the data contained in the 2000 decennial census Public Law 94–171 [amending this section] data file released for use in redistricting; (3) the Summary Tabulation File One (STF–1) for the 2000 decennial census; and (4) the official populations of the States transmitted from the Secretary of Commerce through the President to the Clerk of the House used to reapportion the districts of the House among the States as a result of the 2000 decennial census. Simultaneously with any other release or reporting of any of the information described in the preceding sentence through other means, such information shall be made available to the public on the Internet. These files of the Bureau of the Census shall be available concurrently to the release of the original files to the same recipients, on identical media, and at a comparable price. They shall contain the number of persons enumerated without using statistical methods and any additions or subtractions thereto. These files shall be based on data gathered and generated by the Bureau of the Census in its official capacity.
    “(k) This section shall apply in fiscal year 1998 and succeeding fiscal years.”


    Census Monitoring Board

    Pub. L. 105–119, title II, §210(a)–(j), Nov. 26, 1997, 111 Stat. 2483–2487, provided that:
    “(a) There shall be established a board to be known as the Census Monitoring Board (hereafter in this section referred to as the ‘Board’).
    “(b) The function of the Board shall be to observe and monitor all aspects of the preparation and implementation of the 2000 decennial census (including all dress rehearsals and other simulations of a census in preparation therefor).
    “(c)(1) The Board shall be composed of 8 members as follows:
    “(A) Two individuals appointed by the majority leader of the Senate.
    “(B) Two individuals appointed by the Speaker of the House of Representatives.
    “(C) Four individuals appointed by the President, of whom—
    “(i) one shall be on the recommendation of the minority leader of the Senate; and
    “(ii) one shall be on the recommendation of the minority leader of the House of Representatives. All members of the Board shall be appointed within 60 days after the date of enactment of this Act [Nov. 26, 1997]. A vacancy in the Board shall be filled in the manner in which the original appointment was made.
    “(2) Members shall not be entitled to any pay by reason of their service on the Board, but shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code.
    “(3) The Board shall have—
    “(A) a co-chairman who shall be appointed jointly by the members under subsection (c)(1)(A) and (B), and
    “(B) a co-chairman who shall be appointed jointly by the members under subsection (c)(1)(C).
    “(4) The Board shall meet at the call of either co-chairman.
    “(5) A quorum shall consist of five members of the Board.
    “(6) The Board may promulgate any regulations necessary to carry out its duties.
    “(d)(1) The Board shall have—
    “(A) an executive director who shall be appointed jointly by the members under subsection (c)(1)(A) and (B), and
    “(B) an executive director who shall be appointed jointly by the members under subsection (c)(1)(C), each of whom shall be paid at a rate not to exceed level IV of the Executive Schedule.
    “(2) Subject to such rules as the Board may prescribe, each executive director—
    “(A) may appoint and fix the pay of such additional personnel as that executive director considers appropriate; and
    “(B) may procure temporary and intermittent services under section 3109 (b) of title 5, United States Code, but at rates for individuals not to exceed the daily equivalent of the maximum annual rate of pay payable for grade GS–15 of the General Schedule. Such rules shall include provisions to ensure an equitable division or sharing of resources, as appropriate, between the respective staff of the Board.
    “(3) The staff of the Board shall be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and shall be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title (relating to classification and General Schedule pay rates).
    “(4) The Administrator of the General Services Administration, in coordination with the Secretary of Commerce, shall locate suitable office space for the operation of the Board in the W. Edwards Deming Building in Suitland, Maryland. The facilities shall serve as the headquarters of the Board and shall include all necessary equipment and incidentals required for the proper functioning of the Board.
    “(e)(1) For the purpose of carrying out its duties, the Board may hold such hearings (at the call of either co-chairman) and undertake such other activities as the Board determines to be necessary to carry out its duties.
    “(2) The Board may authorize any member of the Board or of its staff to take any action which the Board is authorized to take by this subsection.
    “(3)(A) Each co-chairman of the Board and any members of the staff who may be designated by the Board under this paragraph shall be granted access to any data, files, information, or other matters maintained by the Bureau of the Census (or received by it in the course of conducting a decennial census of population) which they may request, subject to such regulations as the Board may prescribe in consultation with the Secretary of Commerce.
    “(B) The Board or the co-chairmen acting jointly may secure directly from any other Federal agency, including the White House, all information that the Board considers necessary to enable the Board to carry out its duties. Upon request of the Board or both co-chairmen, the head of that agency (or other person duly designated for purposes of this paragraph) shall furnish that information to the Board.
    “(4) The Board shall prescribe regulations under which any member of the Board or of its staff, and any person whose services are procured under subsection (d)(2)(B), who gains access to any information or other matter pursuant to this subsection shall, to the extent that any provisions of section 9 or 214 of title 13, United States Code, would apply with respect to such matter in the case of an employee of the Department of Commerce, be subject to such provisions.
    “(5) Upon the request of the Board, the head of any Federal agency is authorized to detail, without reimbursement, any of the personnel of such agency to the Board to assist the Board in carrying out its duties. Any such detail shall not interrupt or otherwise affect the civil service status or privileges of the Federal employee.
    “(6) Upon the request of the Board, the head of a Federal agency shall provide such technical assistance to the Board as the Board determines to be necessary to carry out its duties.
    “(7) The Board may use the United States mails in the same manner and under the same conditions as Federal agencies and shall, for purposes of the frank, be considered a commission of Congress as described in section 3215 of title 39, United States Code.
    “(8) Upon request of the Board, the Administrator of General Services shall provide to the Board on a reimbursable basis such administrative support services as the Board may request.
    “(9) For purposes of costs relating to printing and binding, including the cost of personnel detailed from the Government Printing Office, the Board shall be deemed to be a committee of the Congress.
    “(f)(1) The Board shall transmit to the Congress—
    “(A) interim reports, with the first such report due by April 1, 1998;
    “(B) additional reports, the first of which shall be due by February 1, 1999, the second of which shall be due by April 1, 1999, and subsequent reports at least semiannually thereafter;
    “(C) a final report which shall be due by September 1, 2001; and
    “(D) any other reports which the Board considers appropriate. The final report shall contain a detailed statement of the findings and conclusions of the Board with respect to the matters described in subsection (b).
    “(2) In addition to any matter otherwise required under this subsection, each such report shall address, with respect to the period covered by such report—
    “(A) the degree to which efforts of the Bureau of the Census to prepare to conduct the 2000 census—
    “(i) shall achieve maximum possible accuracy at every level of geography;
    “(ii) shall be taken by means of an enumeration process designed to count every individual possible; and
    “(iii) shall be free from political bias and arbitrary decisions; and
    “(B) efforts by the Bureau of the Census intended to contribute to enumeration improvement, specifically, in connection with—
    “(i) computer modernization and the appropriate use of automation;
    “(ii) address list development;
    “(iii) outreach and promotion efforts at all levels designed to maximize response rates, especially among groups that have historically been undercounted (including measures undertaken in conjunction with local government and community and other groups);
    “(iv) establishment and operation of field offices; and
    “(v) efforts relating to the recruitment, hiring, and training of enumerators.
    “(3) Any data or other information obtained by the Board under this section shall be made available to any committee or subcommittee of Congress of appropriate jurisdiction upon request of the chairman or ranking minority member of such committee or subcommittee. No such committee or subcommittee, or member thereof, shall disclose any information obtained under this paragraph which is submitted to it on a confidential basis unless the full committee determines that the withholding of that information is contrary to the national interest.
    “(4) The Board shall study and submit to Congress, as part of its first report under paragraph (1)(A), its findings and recommendations as to the feasibility and desirability of using postal personnel or private contractors to help carry out the decennial census.
    “(g) There is authorized to be appropriated $4,000,000 for each of fiscal years 1998 through 2001 to carry out this section.
    “(h) To the extent practicable, members of the Board shall work to promote the most accurate and complete census possible by using their positions to publicize the need for full and timely responses to census questionnaires.
    “(i)(1) No individual described in paragraph (2) shall be eligible—
    “(A) to be appointed or to continue serving as a member of the Board or as a member of the staff thereof; or
    “(B) to enter into any contract with the Board.
    “(2) This subsection applies with respect to any individual who is serving or who has ever served—
    “(A) as the Director of the Census; or
    “(B) with any committee or subcommittee of either House of Congress, having jurisdiction over any aspect of the decennial census, as—
    “(i) a Member of Congress; or
    “(ii) a congressional employee.
    “(j) The Board shall cease to exist on September 30, 2001.”


    Census Data on Grandparents as Primary Caregivers for Their Grandchildren

    Pub. L. 104–193, title I, §105, Aug. 22, 1996, 110 Stat. 2163, provided that:
    “(a) In General.—Not later than 90 days after the date of the enactment of this Act [Aug. 22, 1996], the Secretary of Commerce, in carrying out section 141 of title 13, United States Code, shall expand the data collection efforts of the Bureau of the Census (in this section referred to as the ‘Bureau’) to enable the Bureau to collect statistically significant data, in connection with its decennial census and its mid-decade census, concerning the growing trend of grandparents who are the primary caregivers for their grandchildren.
    “(b) Expanded Census Question.—In carrying out subsection (a), the Secretary of Commerce shall expand the Bureau’s census question that details households which include both grandparents and their grandchildren. The expanded question shall be formulated to distinguish between the following households:
    “(1) A household in which a grandparent temporarily provides a home for a grandchild for a period of weeks or months during periods of parental distress.
    “(2) A household in which a grandparent provides a home for a grandchild and serves as the primary caregiver for the grandchild.”


    Decennial Census Improvement Act of 1991

    Pub. L. 102–135, Oct. 24, 1991, 105 Stat. 635, known as the Decennial Census Improvement Act of 1991, provided that the Secretary of Commerce was to contract with the National Academy of Sciences for a study of the means by which the Government could achieve the most accurate population count possible and ways for the Government to collect other demographic and housing data, and that the Academy was to submit to the Secretary and to committees of Congress an interim report and, within 36 months after the date of the contract, a final report on the study.


    Study of Counting of Homeless for National Census

    Pub. L. 101–645, title IV, §402, Nov. 29, 1990, 104 Stat. 4723, provided that not later than 1 year after Nov. 29, 1990, the General Accounting Office was to conduct a study of the methodology and procedures used by the Bureau of the Census in counting the number of homeless persons for the most recent decennial census conducted pursuant to this title, to determine the accuracy of such count, and report to the Congress the results of that study.


    Monitoring Economic Progress of Rural America

    Pub. L. 101–624, title XXIII, §2382, Nov. 28, 1990, 104 Stat. 4050, provided that Director of Bureau of the Census was to expand data collection efforts of Bureau to enable it to collect statistically significant data concerning changing economic condition of rural counties and communities in United States, including data on rural employment, poverty, income, and other information concerning rural labor force, and authorized to be appropriated $1,000,000 for each fiscal year for such efforts, prior to repeal by Pub. L. 104–127, title VII, §707, Apr. 4, 1996, 110 Stat. 1112.


    Americans of Spanish Origin or Descent; Study for Development of Creditable Estimates in Future Censuses

    Pub. L. 94–311, §4, June 16, 1976, 90 Stat. 688, provided that: “The Department of Commerce, in cooperation with appropriate Federal, State and local agencies and various population study groups and experts, shall immediately undertake a study to determine what steps would be necessary for developing creditable estimates of undercounts of Americans of Spanish origin or descent in future censuses.”


    Needs and Concerns of Spanish-Origin Population; Use of Spanish Language Questionnaires and Bilingual Enumerators

    Pub. L. 94–311, §5, June 16, 1976, 90 Stat. 689, provided that: “The Secretary of Commerce shall ensure that, in the Bureau of the Census data-collection activities, the needs and concerns of the Spanish-origin population are given full recognition through the use of Spanish language questionnaires, bilingual enumerators, and other such methods as deemed appropriate by the Secretary.”

  7. #7
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    I read the cornell.edu version that you provided. All of it.

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    Regular Member Lurchiron's Avatar
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    Bale da Hay

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  9. #9
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    http://censusfacts.info/

    Note: By April of 2010 the federal government will have loosed upon the American people a flood of census forms and an army of census takers. The Census Bureau has embarked on an unprecedented propaganda campaign urging Americans to give up their personal information for the alleged “benefit” of their communities. The Census Bureau claims that we are all “required” to answer all questions put to us. (They wouldn’t lie to us now, would they?) But what exactly is the authority for the census, and just what is a “census” anyway? Our federal Constitution authorizes the census for only two purposes: Article I, § 2, clause 3[1] and Amendment 14, § 2[2] provide that representatives shall be apportioned among the states according to their respective numbers. Article I, § 9, clause 4[3] provides that direct taxes are only to be laid in proportion to the census or enumeration. This is an exhaustive listing of all the Constitutional provisions that authorize the federal government to conduct the decentennial census.
    (Click here for a prepared statement in PDF format that you can print and return with your census form.)
    As citizens, it is our obligation to cooperate in this enumeration process. But is it our obligation to provide answers to a form full of prying questions? This is an important point. In order to delve into this matter, it is important that we define our terminology. The crucial term here, of course, is "census." Just what is a census, and what does it entail? Because the meanings of words tend to change with time, if we are to determine the legislative intent of these Constitutional provisions the best dictionary to consult would be one published close to the time the Constitution was adopted. (It is a fundamental legal principle that the intent of the law-maker is the intent and force of the law.) For this reason we turn to Noah Webster’s American Dictionary of the English Language, 1828 edition. It defines the term census thusly:
    Census, n. In the United States of America, an enumeration of the inhabitants of all the States, taken by order of the Congress, to furnish the rule of apportioning the representation among the States, and the numbers of representatives to which each State is entitled in the Congress. (emphasis added)
    You will notice that the above-referenced Constitutional provisions, consistent with the definition of the word census as defined at the time, authorized the federal government to count the number of people within the districts. To implement these provisions, Congress passed several statutes found in Title 13 of the United States Code (USC) which includes § 5 (Questionnaires; number, form, and scope of inquiries); and § 141 (Population and other census information), which state in relevant part:
    § 5: The Secretary shall prepare questionnaires, and shall determine the inquiries, and the number, form, and subdivisions thereof, for the statistics, surveys, and censuses provided for in this title.
    ...and...
    § 141(a): The Secretary shall, in the year 1980 and every 10 years thereafter, take a decentennial census of population 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.

    The Secretary shall “determine the inquiries ... for the statistics, surveys...” and obtain “other census information as necessary.” Because the rule governing statutory construction requires that we do not construe a statute so strictly as to render it unconstitutional, this “other census information”is limited to how many people live in one’s home.[4]
    Notwithstanding the foregoing, the Census Bureau gathers a “wide variety of information on social and economic characteristics of the population, such as household composition, ethnicity, and income...”[5] But gathering this information is beyond the legitimate scope of governmental authority, as it has been conferred by the Constitution.
    Title 13 USC, § 221 Refusal or neglect to answer questions; false answers is the penalty statute for citizens that neglect their duty to be enumerated and states in relevant part:
    § 221.(a) Whoever, being over eighteen years of age, refuses or willfully neglects ... to answer, or to the best of his knowledge, any of the questions on any schedule submitted to him in connection with any census or survey provided for by subchapters I, II, IV, and V of chapter 5 of this title, applying to himself or to the family to which he belongs or is related ... shall be fined not more than $5000.
    The fine, previously set at $100 for the 2000 Census, has been raised significantly for 2010 in an apparent attempt to frighten and coerce the public into compliance.
    However, applying the rule of statutory construction, if this statute is to be construed in a way to render it constitutional, then “any of the questions” that § 221 (a) refers to are only those that are necessary to enumerate you. You may only be lawfully fined if you refuse to disclose the number of persons residing in your household. This specifically does not include “a wide variety of information.” This is the law. The Bill of Rights, Amendment X, Reserved Power to States reads:
    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.
    This important Amendment should be read, understood, and memorized by all Americans. It was intended to confirm the understanding of the people at the time the Constitution was adopted, that powers not granted to the United States were reserved to the States or the people. (United States v. Sprague, U.S.N.J.1931282 U.S. 716; as well as U.S. v. Thibault, C.C.A.N.Y.1931, 47 F.2d 169).
    If Congress does not act pursuant to one of the enumerated powers given to it by the Constitution, it is infringing upon those powers which are reserved to the States by the Tenth Amendment (U.S. v. Mussari, D.Ariz.1995, 894 F.Supp. 1360.)

    Furthermore, any legislation beyond the limits of the powers delegated is an invasion of the rights reserved to the States or to the people, and is therefore null and void. (In re Pacific Ry.Commission, C.C.N.D.Cal.1887, 32 F. 241)
    Having established that federal government may not legitimately expand their census inquries beyond enumerating the people in the districts, we shall now see how our courts have treated the issue. Note that the courts have never squarely addressed the matter of constitutional authority, at least not in any published case law that we have been able to find.
    The courts have addressed many collateral issues, nonetheless. For instance, in Republic of Hawaii v. John D. Paris, a state appellate court determined that a census law did not authorize the Board to make a cenus of the wealth of the inhabitants. This was an 1897 decision.
    In another case, U.S. v. Little, D.C.Del.1971, 321 F.Supp. 388, the court decided that § 221 was not vague:
    Provision of this section making it offense for person over 18 to refuse or willfully neglect to answer any question on any schedule submitted to him in connection with any census was not rendered unconstitutionally vague and indefinite because of the need to refer to other sections in order to determine census required.
    Besides addressing the matter of the void for vagueness doctrine, the Little court also addressed the issue of 4th Amendment violations: The fact that many personal questions might be asked in order to provide statistical reports on housing, labor, health, and welfare matters did not make census questions unconstitutional on the basis of invasion of person’s right to privacy.
    This is probably true – but it is completely irrelevant. The fundamental issue is not one of privacy, important as that may be, but that of Constitutional authority for the information to be gathered in the first place.

    Now the question arises: “What will happen to me if a census taker knocks on my door, I ask him to show me his constitutional authority; and when he can’t, I tell him how many people live in my home and close the door?” In the old § 221, there was a provision for, in addition to the fine, up to 60 days imprisonment; but that has been repealed. If the Census Bureau were to try to actually fine you – and we know of no one this has actually happened to in several decades of census-taking – then you have the right to have the case heard in court. You can challenge the fine on the basis of the 10th Amendment and be on solid legal ground. Some people may wonder why they should risk a fine and resist answering the questions.
    First, we should resist the encroaching onslaught of socialism. Socialistic societies require their governments to keep detailed information on the populace; it is one of the earmarks of total government. In such a society, government micro-manages and macro-manages every facet of life and this cannot be done without voluminous amounts of private information. Socialist governments, in fulfilling their purpose of wealth redistribution (i.e., plunder), need to determine who to discriminate against and who to favor, hence the need for such information-gathering.
    Second, we have a responsibility for the legacy of freedom that we leave our descendants; we are the custodians of their liberty.
    Of course, Americans tend to be highly independent thinkers, not lemmings. Many of us take offense at government efforts to socialize and globalize America, and we are willing to peacefully resist the encroachment of our liberties. Accordingly, we demand that our government act in accordance with the very Constitution that created it. If government does not act in compliance with the Constitution, then we have by definition fallen into a state of anarchy and tyranny.[6] The Constitution does not authorize such usurpation.
    So, what are you going to do when you receive your form and/or the census taker knocks on your door? Your only legal responsibility is to be counted!


    FOOTNOTES [1]Article I, § 2, Cl. 3: “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.”
    [2] 14th Am. § 2: “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.”
    [3] Article I, § 9, Cl. 4: “No Capitation, or other direct Tax shall be laid, unless in Proportion to the Census or Enumeration herein before directed to be taken.”
    [4] http://www.census.gov/prod/www/abs/popula.html
    [5] Gender was probably a legitimate inquiry by the census takers before womens’ suffrage took effect.
    [6] ANARCHY, n. Want of government; a state of society when there is no law or supreme power or when the laws are not efficient, and individuals do what they please with impunity, political confusion. (AmericanDictionary of the English Language, by Noah Webster, 1828)

    Disclaimer: The statements on this web site are not to be construed as legal advice, they are merely factual statements about the law. Legal advice can only be given by a licensed attorney.




  10. #10
    Founder's Club Member Brass Magnet's Avatar
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    hmmm.... The goobermint raised the fine.... DB's

    Anyhow, after failing to turn in the "comunity survey" 3 times now, they've finally sent me the short form. I'll gladly fill in the number of people in my household, skip anything else, and send it back.

    Do you think attachingarticle1 section 2of the constitution with it and mailing it back (after filling out the number in the household) is asking for trouble?
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    Look at the censusfacts.info PDF,

    This Census Form Has Been Executed in Accordance
    With the United States Constitution
    The United States Constitution authorizes the census for only two purposes: Article I, § 2,
    clause 3 and Amendment 14, § 2 provide that representatives shall be apportioned among the
    states according to their respective numbers; and Article I, § 9, clause 4 provides that direct
    taxes are only to be laid in proportion to the census or enumeration. This is an exhaustive
    listing of all the Constitutional provisions that authorize the federal government to conduct the
    decentennial census:
    Article I, § 2, Cl. 3: “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.”
    14th Am. § 2: “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.”
    Article I, § 9, Cl. 4: “No Capitation, or other direct Tax shall be laid, unless in Proportion to
    the Census or Enumeration herein before directed to be taken.”

  12. #12
    Founder's Club Member Brass Magnet's Avatar
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    Thanks, I didn't catch that link before. Printed!
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    printed and mailed.

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    Campaign Veteran rcawdor57's Avatar
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    The pdf document posted by Doug is excellent. I printed my copy two days ago and attached it to the census form I received. I answered only the 1st question even though it ISN'T 1 April, 2010 yet.

    Here is a document some of you may find useful for those pesky government public servants that want to harass you with limitless questions about your private lives:

    http://billstclair.com/blog/images/p...stionnaire.pdf


    The Constitution shall never be construed... to prevent the People of the United States who are peaceable citizens from keeping their own arms. -- Samuel Adams

    Today, we need a nation of Minutemen. Citizens who are not only prepared to take arms, but citizens who regard the preservation of freedom as the basic purpose of their daily life and who are willing to consciously work and sacrifice for that freedom.

    John F. Kennedy

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    Not in Hawaii! Census worker taken to court for trespassing.

    http://www.breitbart.com/article.php...show_article=1

    Quote Originally Posted by crAP
    The case of a Hawaii Census worker arrested for trespassing while trying to do his job is heading to federal court.

    It's the latest example of disputes this year between Census workers protected by federal law and residents who don't want to deal with them.

    The Census worker, Russell Haas, found trouble on Hawaii's Big Island on March 20 when a resident refused to accept Census forms and told Haas to leave his fenced property.

    Then the resident, a county police officer, called his co-workers at the Hawaii County Police Department. Haas was then arrested.

    Census workers have met more hostility than they did in the last count. The agency tallied 436 incidents involving assaults or threats through June 29, more than double the 181 incidents in 2000.

  16. #16
    Founder's Club Member Brass Magnet's Avatar
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    Oooh!

    I'll be interested in how this one turns out. Hopefully the census worker gets convicted, that is, if he didn't attempt to leave the property after being told to do so.
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