Article 1, Section 2, Clause 3 in regards to the Census:
"...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. The actual Enumeration shall be made within three Years after the first Meeting of the Congress of the United States, and within every subsequent Term of ten Years, in such Manner as they shall by Law direct..."
"In such manner as they shall by Law direct". What does that mean, in such manner as they shall by Law direct?
Andrew Spiropoulos writes in The Heritage Guide to the Constitution, that estimation of the populace is inadequate. Thus, the "head count" has to be an exact count. In his essay, he made no note about any other requirements in addition to the counting of citizens. However, the statement "in such manner as they shall be Law direct" refers to The How the people are counted. There exists no requirements other than to inform the Census Department whether or not you animals, property or anything else. The Census is to ENUMERATE the populace and that is all.
When lawyers and judges get involved in trying to legislate around the Constitution to make the Census intrusive and creating busy bodies, we get comments such as Justice Clarence Thomas:
Well familiar with methods of estimation, the Framers chose to make an 'actual Enumeration' part of the Constitutional structure. Today, the Court undermines their decision, leaving the basis of our representative government vulnerable to political manipulation.
I couldn't agree more and coupled with the Court's ignorance and blatant disregard to the Constitution, cretins have crept in and made the Census some political football and created a Leviathan 28-page Census form that the Census Department says is mandatory to complete. I beg to differ. Had the Framers wanted to know everything about everybody, they would have placed that requirement into the Constitution. They didn't, so it isn't which makes the 28-page Census form unconstitutional.
Alexander Hamilton wrote in Federalist #36:
"...an actual census or enumeration of the people must furnish the rule, a circumstance whish effectively shuts the door to partiality or oppresion."...
Thomas Jefferson agreed and George Washington stated that the estimation he received at one time was obviously wrong. The Census is for counting the population and for counting the population only. It isn't about demographics or how many flushing toilets you have that actually work or what time of the day you go to work and what time you get home. Period.
Amendment XIV, Section 2 amended Article 1, Section 2, Clause 3 and made mention of counting the "whole number" during a Census and raised the voting age to 21.
In other words, the Census counts PEOPLE no matter their age and if they vote. Period. End of discussion.
Conclusion: when I receive the 28-page Census, I will fill in the form with the amount of people living in my household, nothing less and nothing more. I might include our names and I do stress the "might". Any other data mining will be answered with the following:
USC Article 1, Section 2, Clause 3 and Amendment 14, Section 2. Or, I might just write in the spaces provided the following: NOYFB.
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