- Census Law
- By Devvy
3-17-10
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 As this is a hot topic...
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- Below it states Interstate Commerce Commission v. Brimson,
154 U.S. 447, 479 (May 26, 1894) has never been over turned. I don't know,
but here is the case:
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- Interstate Commerce Commission v. Brimson, 154 U.S. 447,
479 (May 26, 1894)
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- There is another similar email going around citing "March
28, 2000, US District Judge Melinda Harmon granted a temporary restraining
order against prosecution of any American who chooses not to answer questions
other than the number of people living at their address."
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- That one was reversed by the same judge:
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- http://www.wnd.com/news/article.asp?ARTICLE_ID=18044
- ______________________________________________
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- http://www.lewrockwell.com/blog/lewrw/archives/52847.html
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- Census Law
- Posted by Walter Block on March 10, 2010
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- I pass this along letter on the census for your information,
only. I do not counsel anyone to break the law. Of course, I,m not real
sure of what the law is. A direct and literal reading of the U.S. Constitution
it seems to me, a non lawyer, is clear as to what the law is: people are
legally obligated, only, to cooperate in a head count for political representation
purposes. But, my fear, my expectation, even, is that present courts will
not interpret the law in that way, and may instead punish census rebels
who refuse to furnish additional required (requested?) information. In
any case, the following will undoubtedly be of interest to all people concerned
with liberty; I offer it exactly as it was sent to me:
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- From: ronpaul-200@meetup.com on behalf of DarkLaw
- Sent: Tue 3/9/2010 9:02 PM
- To: ronpaul-200@meetup.com
- Subject: Re: [ronpaul-200] Ron Paul CNN on Cafferty Files
2/27/10
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- My response to the Census
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- I compiled this letter and inserted it into the Census
envelope, along with my 2010 census form.
- I marked off that 02' people reside at this address.and,
well read the rest!
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- Use this as a template! This is just another small step
in which we can show the Feds we won,t take this nonsense lying down!
- ______________________
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 To Whom it May Concern,
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- Pursuant to Article I, Section 2, Clause 3 of the Constitution,
the only information you are empowered to request is the total number of
occupants at this address. My "name, sex, age, date of birth, race,
ethnicity, telephone number, relationship and housing tenure have absolutely
nothing to do with apportioning direct taxes or determining the number
of representatives in the House of Representatives. Therefore, neither
Congress nor the Census Bureau have the constitutional authority to make
that information request a component of the enumeration outlined in Article
I, Section 2, Clause 3. In addition, I cannot be subject to a fine for
basing my conduct on the Constitution because that document trumps laws
passed by Congress.
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- Interstate Commerce Commission v. Brimson, 154 U.S. 447,
479 (May 26, 1894)
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- "Neither branch of the legislative department [House
of Representatives or Senate], still less any merely administrative body
[such as the Census Bureau], established by congress, possesses, or can
be invested with, a general power of making inquiry into the private affairs
of the citizen. Kilbourn v. Thompson, 103 U.S. 168, 190. We said in Boyd
v. U.S., 116 U. S. 616, 630, 6 Sup. Ct. 524,?and it cannot be too often
repeated,?that the principles that embody the essence of constitutional
liberty and security forbid all invasions on the part of government and
it,s employees of the sanctity of a man,s home and the privacies of his
life. As said by Mr. Justice Field in Re Pacific Ry. Commission, 32 Fed.
241, 250, of all the rights of the citizen, few are of greater importance
or more essential to his peace and happiness than the right of personal
security, and that involves, not merely protection of his person from assault,
but exemption of his private affairs, books, and papers from inspection
and scrutiny of others. Without the enjoyment of this right, all others
would lose half their value.,
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- Note: This United States Supreme Court case has never
been overturned.
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- Respectfully,
- A Citizen of the United States of America
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- This message was sent by DarkLaw from New Orleans Campaign
for Liberty.
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- Visit Devvy's website at: http://www.devvy.com.
You can also sign up for her free email alerts.
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