LugerForum Discussion Forums - View Single Post

Jack Lawman · 03-19-2010, 10:04 AM

Jamese,
I'm not an attorney, but have some rudimentary knowledge of the law.

You posed a great question and I surfed around a bit to enlighten myself (during which I wondered how many lists my name was placed upon as a result of searching words like "authority" and "penalty" on the Census site).

The authority for the census is derived from the U.S. Code TITLE 13, CHAPTER 5, SUBCHAPTER II, §141.

The first paragraph of §141:
(a) The Secretary shall, in the year 1980 and every 10 years thereafter, take a decennial census of population (emphasis added) as of the first day of April of such year, which date shall be 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.

Herein lies the authority for the census. The very last paragraph of §141 appears on its face to severely limit the scope of information gathered:
(g) As used in this section, “census of population” (emphasis added) means a census of population, housing, and matters relating to population and housing.

However, I did find the following from: http://supreme.lp.findlaw.com/consti...icle01/08.html
The Census Requirement
While Sec. 2 expressly provides for an enumeration of persons, Congress has repeatedly directed an enumeration not only of the free persons in the States, but also of those in the territories, and has required all persons over eighteen years of age to answer an ever- lengthening list of inquiries concerning their personal and economic affairs. This extended scope of the census has received the implied approval of the Supreme Court (emphasis added); it is one of the methods whereby the national legislature exercises its inherent power to obtain the information necessary for intelligent legislative action.

I cannot the find the instrument of "implication" by the Supreme Court; hopefully a constitutional scholar will jump in. In any case, it appears that this "extended scope of the census" trampling is a fait accompli.

Funny... it has the same stench as "deem & pass". Maybe we can knock the latter off the stovetop before it is fully cooked?

03-19-2010, 10:04 AM	#2
Jack Lawman User Join Date: Apr 2003 Location: Near NYC Posts: 428 Thanks: 30 Thanked 64 Times in 37 Posts	Not an attorney... Jamese, I'm not an attorney, but have some rudimentary knowledge of the law. You posed a great question and I surfed around a bit to enlighten myself (during which I wondered how many lists my name was placed upon as a result of searching words like "authority" and "penalty" on the Census site). The authority for the census is derived from the U.S. Code TITLE 13, CHAPTER 5, SUBCHAPTER II, §141. The first paragraph of §141: (a) The Secretary shall, in the year 1980 and every 10 years thereafter, take a decennial *census of population* (emphasis added) as of the first day of April of such year, which date shall be 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. Herein lies the authority for the census. The very last paragraph of §141 appears on its face to severely limit the scope of information gathered: (g) As used in this section, *“census of population”* (emphasis added) means a census of population, housing, and matters relating to population and housing. However, I did find the following from: http://supreme.lp.findlaw.com/consti...icle01/08.html The Census Requirement While Sec. 2 expressly provides for an enumeration of persons, Congress has repeatedly directed an enumeration not only of the free persons in the States, but also of those in the territories, and has required all persons over eighteen years of age to answer an ever- lengthening list of inquiries concerning their personal and economic affairs. This extended scope of the census has received the implied approval of the Supreme Court (emphasis added); it is one of the methods whereby the national legislature exercises its inherent power to obtain the information necessary for intelligent legislative action. I cannot the find the instrument of "implication" by the Supreme Court; hopefully a constitutional scholar will jump in. In any case, it appears that this "extended scope of the census" trampling is a fait accompli. Funny... it has the same stench as "deem & pass". Maybe we can knock the latter off the stovetop before it is fully cooked? __________________ Why do you guys hate black circles so much?