What's Your Sign?

It is a decennial year and that means we are going to be subject to the census. There is a lot of grumbling about what is on the forms and whether or not they (meaning the Congress) have the right to ask those questions.

We know that the composition of the House is determined by population. The legislatively set fixed number of 435 House seats is "apportioned" among the states based on their population. Districts are established within states to maintain approximately equal numbers of citizens in each representative district. People move and the population grows so every ten years we count and then some states gain a seat or two and some lose.

The US Constitution establishes the requirement for the census with this simple statement:

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.

So, every ten years we get counted. The key clause is the last one. "in such manner as they shall by law direct." Who gets counted? What gets asked? How is it done? Must you respond?

That's more complex. I honestly thought it was basically a body count. I don't like to discuss how much income I've got or how many TVs or whether my toilets flush with total strangers. Must I respond?

Here's the reference to the body of law which governs:

"Persons" and the "Necessary & Proper Clause" and More, Oh My!

Notice that there is no mention of citizenship. Since the Fourteenth Amendment made the former slaves citizens and offered equal protection under the law, we count bodies, not citizens. A person is a person, period. Wherever that leads us.

The combination of the power to conduct the census in "such manner as they (the Congress) shall by law direct" and the blanket authorization of the "necessary and proper clause" allow the census to delve into questions which we undoubtedly might find intrusive. "The law is an ass...", Mr. Bumble was heard to say, but it remains the law.

Should we exercise civil disobedience and skip questions we don't approve of or simply opt out of responding? There are legal penalties for doing that. If, as a component of your civil disobedience you are willing to face those penalties then go for greatness. Otherwise, grin and bear it...and meanwhile work to restore some sense to our laws.