A selected group of citizens will get the long form which is now called the “American Community Survey” which can be seen in its entirety here (warning - PDF). All sorts of interesting questions regarding the income you receive, the property you own, and the bills you pay. It is absolutely mandatory under penalty of prosecution and fines up to $5000.
So I guess that answers my question… there’s nothing keeping them from asking my religious affiliation or penis length or whatever. Wow.
Actually, let’s expand on this.
I think the reasonable interpretation of this clause is that Congress shall make an enumeration (count), and they can perform this count by whatever means they direct. It doesn’t mean they have they have the right to gather any arbitrary piece of information, only that they can gather it in any manner they choose, which might be by mail, a personal visit, a telephone call, carrier pigeon, or however they wish.
So untaxed Indians don’t have to respond?
The Census website cites court rulings allowing question beyond a headcount “if ‘necessary and proper,’ for the intelligent exercise of other powers enumerated in the constitution” (quote from a District Counrt ruling in United States v. Moriarity).
That’s a small step back from my original, blanket statement.
OK, well, there’s a point. It would seem that the census does require the question:
Anything else seems unconstitutional. I think the Indian/free questions are due for being amended out of there, though. Morally, people should be represented regardless of race or whether they pay taxes. Bathrooms don’t enter into the equation anywhere.
I agree.
I don’t believe I’ve ever tried to weasel out of jury duty, and I have no objection to being counted in the census. My reservations apply to supplying my phone number, and such things as mortgage info and race.
In short, Cosmic Relief seems to be saying what I feel rather well.
No, you mean anything else seems not authorized by that section of the Constitution.
First, you’re wrong. The section gives Congress (or its designees in the Commerce Department), not you, the power to decide how best to do their enumeration – including asking additional questions to, for instance, be able to distinguish the white John Smith on Smith Street from the black John Smith on Johnson Street. In general, when there’s even a colorable, non-discriminatory reason for Congress to do something related to one of its powers, it can do so constitutionally.
Secondly, Congress also has the power to manage foreign and interstate commerce (Commerce Clause), ameliorate the badges and effects of slavery (13th A.), ensure equal protection of the laws to all races (14th A.), and ensure members of all races (15th), genders (19th) and ages over 18 (26th) have full access to the vote. And in every case, Congress has the power to pass such laws as are “necessary and proper” for executing its other powers. Obviously knowledge of the racial and gender make-up of the country is useful for the government in meeting these goals.
The powers granted the government in the Constitution aren’t niggardly, paltry things. They are limited, but they can’t be parsed within an inch of their lives like you would with your homeowner’s association agreement.
–Cliffy
No, just extraconstitutional. ‘Unconstitutional’ refers to things prohibited by the Constitution, eg. laws restricting freedom of speech, or providing some states more than two senators. Unless you can find a clause in there somewhere saying that ‘Congress shall not request phone numbers in the Census’, this line of argument goes nowhere.
From the Census Bureau:
As far as I can tell, the last guy to be charged for failure to respond was William Steele, and the case was thrown out.
Your interpretation is immaterial, though. You can file suit against the Department of Commerce if you like, but (a) it’s expensive, and (b) you’ll lose.
In any event, the only question Congress in its infinite wisdom requires you to answer is the number of people in your household.
There’s a history here of asking these questions, going back to the 1700s or earlier. Secretary of Commerce Gary Locke was on The Daily Show last week, and noted that*there are only two ‘required’ questions that differ from an extremely early census - whether you’re the head of the household, and if you own slaves.