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I am one of the "lucky" people who received in the mail a much more extensive census from the US Census Bureau. It is a thick book of perhaps thirty pages of extremely personal and intimate questions. It includes some really surprising questions given the political climate today, such as asking if I am a legal US resident, asking my gender with just two options, asking my race with no "none of your business" option etc.

Has this extended census ever been challenged in court as to its constitutionality? It is clear that the census does have a basis in Section 2 of the constitution to apportion representatives, but it is described as an "enumeration" "in such Manner as they shall by Law direct." It is hard to see how anything beyond "how many people live in your house" could reasonably be a fulfillment of this clause. It sure doesn't seem to cover "what was your electricity bill last month", as the extended census asks.

It tells me "my response is required by law". So my question is, is that true?

bdb484
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Fraser Orr
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2 Answers2

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Yes, your answers are required by law.

As you noted, the Constitution gives Congress and its delegees authority to conduct the decennial census "in such Manner as they shall by Law direct."

While it appears that you read that phrase narrowly to permit little more than headcounting, the courts uniformly reject that approach and read it very expansively, permitting inquiries into virtually anything the government wants.

The federal government's authority to conduct the interim American Communities Survey, which is more likely the survey you're taking about, is likewise unquestioned. Though there have been many challenges to many aspects of it, federal courts almost universally reject them, relying on the broad language of the Census Clause and the centuries of unbroken historical evidence demonstrating that everyone has always understood the government to have this power. The only successful challenge to a Census program that I can recall was Department of Commerce v. United States House of Representatives, 525 U.S. 316, 343 (1999), which held that the Census Bureau was collecting too little data.

More typically, people challenge the Bureau's authority to collect this or that data point, and they are uniformly turned away. See, for instance, United States v. Rickenbacker, 309 F.2d 462, (2d Cir. 1962), where the defendant was convicted of neglect to answer Census questions. Despite his argument that he could not be required to answer "relating to the contents, construction, and conveniences of the house or household in which he lives,” the trial court sentenced him to prison, fines and probation. The Second Circuit affirmed and rejected all his arguments:

The authority to gather reliable statistical data reasonably related to governmental purposes and functions is a necessity if modern government is to legislate intelligently and effectively. ... The questions contained in the household questionnaire related to important federal concerns, such as housing, labor, and health, and were not unduly broad or sweeping in their scope. The fact that some public opinion research experts might regard the size of the household questionnaire "sample" as larger than necessary to obtain an accurate result does not support a conclusion that the census was arbitrary or in violation of the Fourth Amendment.

bdb484
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It tells me "my response is required by law". So my question is, is that true?

Yes, although people are very rarely punished for doing so unless they try to encourage others to do so as well.

The government has the right to require you to answer any questions it wants which are not self-incriminating. This is done on an individualized basis by subpoena on a daily basis, but can also be done en masse. There is no constitutional right to keep non-incriminating secrets (except possibly in the case of religiously mandated confessions).

Also, contrary to the question's assertion, the U.S. Census Bureau does not have a question about legal U.S. residency.

ohwilleke
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