ACORN's Illegal Census; Constitutional Requirements
#1
You may want to make a copy of the last paragraph (declaration) to hand to the Census Nazi at your door when they threaten you with guvment Swat Team.


FYI - read carefully and decide how you'll answer the intrusive US Census (which has already sent workers around to determined the GPS coordinates for your home.)

Please print out for your own use and forward to all your contacts...thanks much!

Original message:
Subject: ACORN's Illegal Census; Constitutional Requirements
Action: Print this and pass along.

Legal Authority to Ask Intrusive Questions Not Present

This Constitution and the Laws made in Pursuance thereof... shall be the supreme Law of the Land...all Judges shall be bound thereby...any Thing...to the Contrary notwithstanding. [Article VI, Clause 2, of the Constitution of the United States of America
(1789)]

The general rule is that an unconstitutional statute, though having the form and name of law, is in reality no law, but is wholly void. Unconstitutional law bears no power to enforce, it purports to settle as if it never existed, for unconstitutionality dates from the enactment of such a law and not such time as branded in an open court of law. It confers no rights; it imposes no duties; affords no protection; it creates no office; it is in legal contemplation, as inoperative as though it had never been passed. No courts are bound to uphold it and no persons are bound to obey it. [16 Am Jur 256]

The Fourth and Fifth Amendments were described in Boyd v. United States, 116 U.S. 616, 630, as protection against all governmental invasions ....of the sanctity of a man's home and the privacies of life. We recently referred [381 U.S. 479, 485] in Mapp v. Ohio, 367 U.S. 643, 656, to the Fourth Amendment as creating a ....right to privacy, no less important than any other right carefully and particularly reserved to the people.''
[GRISWOLD v. CONNECTICUT, 381 U.S. 479 (1965)]


[b][b]Declaration To Make To Census Takers:

"I hereby affirm that the provisions of Title 13 ....requiring me to disclose my race, personal financial data, birth date, or any other personal,
private information to the Bureau of the Census, an agency of the United States government, constitutes an unreasonable, unwarranted search of my person, house, papers, and/or effects, and a governmental invasion of the sanctity of my home and the privacies of life. As such, these provisions violate the Fourth Amendment of the US Constitution, and are thus wholly void and I am not bound to obey them.

I have completed the only those sections of the Census form pertaining to the Constitutionally-mandated actual enumeration, as follows:

1. The actual number of people living at the address printed on the form, excluding untaxed Native Americans;
2. Age of each person in accordance with US Const. Amendment XIV, Section 2;
3. Sex of each person, in accordance with US Const. Amendment XIV, Section 2.

I have thus fulfilled my obligation to the attainment of the actual enumeration of the populace of the United States.

Any fine or other sanction that is levied by any office or organization stemming from the unconstitutional provisions of Title 13 in connection with my response to this or any other Census-related questioning will be challenged in a court of law."
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s.ip sip
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#2
Don't answer the census!!!
When the US Government rounded up Japanese-Americans in 1942, they used the "supposedly private" census data to tell the soldiers how many Japanese lived on each block. Perhaps they didn't hand out these families' census forms, but the data needed to put them into prison camps certainly came from the "strictly confidential" census. Don't participate in it, don't work for it, and don't fill it out. Do not respond to census takers at your door. There is no effective law against doing so; the maximum penalty is $100, no jail, and it is VERY rarely enforced. The Constitution authorizes them to count heads every ten years, not to ask how many bathrooms you have and what racial group your ancestors are from.

Previous abuses of census information
An editorial in the Wall Street Journal of 8/8/89, page A10, "Honesty May Not Be Your Best Census Policy", by James Bovard, documents a few violations. The most obvious is that census data was used to round up the Japanese-Americans in 1942. "The Census Bureau provided the Army with a list of exactly how many Japanese-Americans lived in given neighborhoods, making it easy to round them up for internment during World War II. Census Bureau spokesman Ray Bancroft insists that this was not a breach of confidentiality because the bureau did not give out the names or exact addresses of Japanese-Americans. This is like someone claiming he bears no responsibility for setting loose on your block a wolf that just happened to gnaw on your leg -- simply because he didn't set the wolf free at your doorstep and tell the wolf to bite you personally."

Other cases occurred in Montgomery County, MD; Pullman, Wash; Long Island Regional Planning Commission; and Urbana, IL; where census data released on a 'block' basis is used to check compliance with local building codes and zoning laws. A block can have as few as 6 houses; the average is 14. This clearly lets these governments pinpoint where to send their inspectors to charge people with violations.

The IRS tried to use computer matching of census data and private mailing lists to track down people wno don't file income taxes, in 1983.

All of the above is from the article. The maximum penalties are from the Census Act itself, I think it's Title 12 of the US Code. You can find it in any law library or government depository library (e.g. your city library or large university library). If you look in the "US Code Annotated" books then you'll find the court cases about the Census Act listed too.

Census data used to discriminate
Ever hear of redlining? That's when a group of banks and insurance companies decide not to insure a given area, and not to issue loans for homes in that area, because the area is chiefly minority. How do they find this? Census tract data. Census tract data is also used by police departments to minority profile.

Do I Even Legally Have To Answer The Census?

On March 28, 2000, US District Judge Melinda Harmon has granted a temporary restraining order against prosecution of any American who chooses not to answer questions other than the number of people living at their address. So at this point in time you are fully within your legal rights to refuse to answer any question except for the number of people in your home. You do not have to give your name, your ethnicity, your gender, your sexual orientation, or even whether or not you are a legal resident or citizen, or even whether you legally reside at the address.

Our advice to you, should a census taker actually come to your door, is to inform them that asking any other question other than the number of people in the home may be grounds for personal contempt of court, citing Judge Harmon's ruling, and that if they persist they may be subject to fines and imprisonment. Also inform a census taker that they are trespassing upon your property and must leave immediately or face arrest. They have no inherent right to be on your property, even though they are from the government.

Your Privacy is NOT Protected

Kenneth Prewett, Director of the Bureau of the Census writes, ``Your privacy is protected by law (Title 13 of the United States Code), which also requires that you answer these questions", and `That law ensures that your information is only used for statistical purposes and that no unauthorized person can see your form or find out what you tell us - no other government agency, no court of law, NO ONE.'' Mr. Prewett is mistaken.

On November 26, 1941, Grace Tully (Franklin Roosevelt's secretary) told Henry Field (anthropologist and aide to Roosevelt) that the President was ordering him to produce, in the shortest time possible, the full names and addresses of each American-born and foreign-born Japanese listed by locality within each state. She told him to use the 1930 and 1940 census, according to the Report of the Commission on Wartime Relocation and Internment of Civilians; Joan Z. Bernstein, Chair; Personal Justice Denied; Washington, D.C.; 1982; p.104-5. On February 19, 1942, President Roosevelt signed Executive Order 9066, authorizing the secretary of war to define military areas "from which any or all persons may be excluded as deemed necessary or desirable." The only significant opposition would come from the Quakers (Society of Friends) and the ACLU (American Civil Liberties Union). As a result, thousands of Japanese-Americans were confined to concentration camps for the duration of World War II. The law ``ensures'' nothing. At any time, the census could be used to round up minorities, including blacks, Latinos, and any immigrants. Remember that the Japanese-Americans were largely CITIZENS of the U.S. It didn't matter.

However, recently Prewitt reversed himself at a Congressional hearing, admitting that information collected by the census can be shared with other govenrment agncies, under title 13.

He also admitted that for the first time, Social Security Numbers were asked for on the written forms only, FOR THE PURPOSE of TESTING American's responce to their privacy! In other words, the government wanted to know how many Americans would object to having their privacy invaded, and probably wanted to know how many knew that without a privacy act statement, they were not required to answer the SSN question ! WHY on earth, would they be doing such a test, if not only for the reason to help them make plans on how to invade more of our privacy, and how to take our right to it away?

What does the Constitution actually state about the Census?

The Constitution of the United States empowers Congress to conduct a census for the purpose of apportioning representation. There is nothing there which empowers them to demand answers to any questions they choose to ask. They have no right to ask you to enumerate what weapons you own or what illicit substances you consume and pretend that this would not be a violation of your constitution rights just because they won't divulge any individual answers.

Legal Authority to Ask Intrusive Questions Not Present
This Constitution and the Laws made in Pursuance thereof... shall be the supreme Law of the Land...all Judges shall be bound thereby...any Thing...to the Contrary notwithstanding.
Article VI, Clause 2, of the Constitution of the United States of America (1789).

The general rule is that an unconstitutional statute, though having the form and name of law, is in reality no law, but is wholly void. Unconstitutional law bears no power to enforce, it purports to settle as if it never existed, for unconstitutionality dates from the enactment of such a law and not such time as branded in an open court of law. It confers no rights; it imposes no duties; affords no protection; it creates no office; it is in legal contemplation, as inoperative as though it had never been passed. No courts are bound to uphold it and no persons are bound to obey it.
16 Am Jur 256.

The Fourth and Fifth Amendments were described in Boyd v. United States, 116 U.S. 616, 630, as protection against all governmental invasions ``of the sanctity of a man's home and the privacies of life.'' We recently referred [381 U.S. 479, 485] in Mapp v. Ohio, 367 U.S. 643, 656, to the Fourth Amendment as creating a ``right to privacy, no less important than any other right carefully and particularly reserved to the people.''
GRISWOLD v. CONNECTICUT, 381 U.S. 479 (1965)

Declaration To Make To Census Takers
"I hereby affirm that the provisions of Title 13 ``requiring'' me to disclose my race, personal financial data, birthdate, or any other personal, private information to the Bureau of the Census, an agency of the United States government; constitutes an unreasonable, unwarranted search of my person, house, papers, and/or effects; and a governmental invasion of the sanctity of my home and the privacies of life. As such, these provisions violate the Fourth Amendment of the US Constitution, and are thus wholly void and I am not bound to obey them.

I have completed the only those sections of the Census form pertaining to the Constitutionally-mandated actual enumeration, as follows:

The actual number of people living at the address printed on the form, excluding untaxed Native Americans;
Age of each person in accordance with US Const. Amendment XIV, Section 2.
Sex of each person, in accordance with US Const. Amendment XIV, Section 2.
I have thus fulfilled my obligation to the attainment of the actual enumeration of the populace of the United States.

Any fine or other sanction that is levied by any office or organization stemming from the unconstitutional provisions of Title 13 in connection with my response to this or any other Census-related questioning will be challenged in a court of law."

Inaccuracies and Inherent Discrimination in the Census
The homeless won't be counted well because sending in middleclass people scares them, and few homeless are willing to submit to an FBI check so they can work for the Census Bureau for a few weeks. Latino enumerators are required to pass an English literacy exam because the enumerator classes and administration forms are in English, even though the census forms themselves are available in Spanish. Census bureau outreach to schools has been botched by sending one lesson-plan packet to each school principal, none to teachers. The Census may mind it difficult to find individuals from conservative, patriot, or libertarian neighborhoods due to the very same FBI check. In fact, the FBI check for the paltry sum of money paid to Census takers seems like a bad deal to most.

Census used to seize your firearms? Lock up medical marijuana users? Convict you in tax court? Evict you?

We have already heard proposals to create concentration camps for drug users and to seize all privately owned semi-automatic weapons. There is simply no way to tell how the answers that people supply today might be used against them in the future. Tax returns have been held to be useable against defendants in criminal cases. There is essentially no privacy distinction between Census forms and IRS forms.

According to the General Accounting Office, one of the most frequent ways city governments use census information is to detect illegal two-family dwellings. An American Planning Association survey reported that housing code enforcement was a key benefit of census data for local governments. For instance, Montgomery County, Maryland, and Pullman, Washington, use census data on the nubmer of housing units in a structure to check compliance with zoning regulations. The Long Island Planning Board uses census "block counts ... to estimate the extent of illegal two-family home conversions," according to a June 27, 1986 board letter. Such "illegal" two-family dwellings are pervasive on Long Island, according to Anthony Downs of the Brookings Institution.

Such crackdowns are especially unfortunate because, as George Sternlieb of Rutgers University notes "The biggest source of good-size rental apartments in America is the illegal conversion of single-family houses." Census data help housing inspectors zero in on violators. Bruce Stoffel of the Community Services Department of the City of Urbana, Illinois, declared in an Aug 24, 1987 letter to the Census Bureau that he "routinely used census data to analyze the developmental stage of neighborhoods to determine the most appropriate public intervention strategies. Obviously, the people most likely to live in overcrowded situations are poor people, especially immigrants, who often cluster in the same neighborhood.

Housing codes have long been used as a means to "keep out undesirables" and to exclude waves of newcomers. William Tucker, author of the forthcoming "The Excluded Americans" notes: "code enforcement has always been a very counterproductive way of trying to help the poor. It usually sacrifices the adequate in favor of the ideal. The Census Bureau denies responsibility for the eviction of poor people because the bureau does not release the precise names and addresses of housing code violators. But as was the case with the Japanese internment camps, they are guilty just the same.

Religious Objections To The Census?

Oh Yes! The Bible states that the Israelites were ordered by Yahweh not to count the number of their inhabitants. There are some denominations that take this command literally. "Then Satan stood up against Israel and moved David to number Israel." "And Yahweh was displeased with this thing, so He struck Israel." (I Chronicles 21:1 and 7)

Now, I understand that this is subject to differing interpretations. That the commandment was forbidden for the purposes of war, for Israel to count their own forces in comparison to the opposition's forces. That this was a single instance. What have you. Notwithstanding, if you are a believer in the Hebrew Scriptures you might want to consider whether the Census is a specific thing that you as a believer are commanded not to participate in.

Speak Out In Your Neighborhood Meetings

They have a publicity machine cranking up so there will probably be plenty of opportunities for freedom lovers to speak out on this issue. I encourage every candidate for office to take a stand now, while the Census is "newsworthy". You might call local radio station personalities and see if they will do a show about the Census (with you in the studio!). The morning commuter shows might be a good place, and the late night national and regional talk shows.

Consequences of Census Resistance
Since the census bureau only filed against one person in 1960 and one in 1970, and later dropped the charges, according to the mailout from the Committee for Census Privacy, the likelihood of prosecution over failure to answer the Census is minimal.

Libertarian Party position on the 1990 census
The platform says (in the Protection of Privacy plank):

So long as the National Census and all federal, state, and other government agencies' complilations of data on an individual continue to exist, they should be conducted only with the consent of the persons from whom the data is sought.

Unpaid Labor for Several Hours Work

One sixth of the population which will be required to complete the long forms are being asked to invest several hours of unpaid labor on behalf of the government which will then turn around and sell the results to private companies. Why should any Americans be forced to become market research subjects against their will and without compensation?
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#3
sip sip
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#4
canadianlibby.

I like that.

Has a nice ring to it.
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#5
uhHuh?Huh?Huh?Huh?Huh?Huh?Huh?Huh?Huh?Huh?
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#6
I wouldn't return the "declaration" you supplied.  You will be inviting trouble.  You're better off throwing it in the trash.  They can't prove you received it.  If you are paranoid, shred it.

If they ever prosecute, they have to prove you received the form.  They won't prosecute.
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#7
agreed.
best to not say return anything.
i included this for discussion purposes not my country. but i think its a trap as it is everyplace. i tend to ignore government period.
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#8
How will Canada fare during a major economic upheaval?  I've been there only once, to Calgary.  I was surprised by all the moslems running around.  Also, isn't Canada a nanny state?  I'm sure there's big differences across the Providences though.  But still, you get the feeling that Canada will pull through better.  Only problem is the bitter cold winters.
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#9
im no economist. but Canada will pull through better. but if the shit really went down up here it would be ugly. just most are too opiated on government lies to see it. at least right now the Americans are wakin up. i preferred living int he states to Canada for various reasons. the state here has to much control on the mind if its not so jackbooted in the streets yet. its a liberal country where legally owning firearms gets you harassment yet grow pot and sell dope and get minor slaps or nothing at all. its a country where in Toronto thousands and thousands turned up for fag day yet i barely saw Canadian flags and not even a a parade on Canada day.  let alone fireworks which were conveniently canceled due to a garbage strike. Mohammedans are everywhere. minorities get more rights culturally and legally IMHO then whites and multiculturalism has completely reengendered a once white christian nation to the abomination it is now. there is a high school in Toronto solely for unrepentant sodomite students and its in the same building as a current elementary school just on a different floor. high schools have a closet space for unrepentant sodomite students to feel safe and its location is kept only to them. i can go on and on but you get the picture.  its a nanny state that's for sure. and if it goes the majority of the population will be helpless. i live in a very liberal city that makes me puke. you get dirty looks smoking a cigarette outside but a joint would get you a thumbs up. its not as bad as the uk. but whole cities such as Brampton have been completely takin over by heathen sikhs or yogis  its acceptable to mock Christ and Christians yet don't dare say or write a thing about mohamadans or the pedo mohemet , the human rights tribunals only target Christians. its staggering how much this nation has changed. but its a very big and very diverse place. ontario even southern Ontario is not Canada. i dont know but i have heard good things about living in Alberta. im considering moving out there, once i get me stetson and belt buckle.
just sayin.
sip sip
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#10
I recently got to read some history regarding the French-Canadian side of my family, and to see what Canada has become since my how-many-ever-greats-grandfather was a fur trapper would break his heart.  He blazed some trails through Manitoba and into what is now North Dakota for the Church many years ago.  His entire way of life has basically been outlawed.  Good thing the government wasn't "helping" him back then.  Fargo wouldn't have a church!  Makes you wonder what the future generations will have to look back on and be proud of.

Oh, and a good use for the census questionnaire is BBQ starter!  ;D
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