The decennial census, as employed, is unconstitutional.

I apologize for my short post in Round 1. I am, as of yet, unfamiliar with this site and did not get my complete thoughts written before posting. As my opponent has said, Article I, Section 2 of the U.S. Constitution states: "The actual Enumeration shall be … every subsequent Term of ten Years, in such Manner as they shall by Law direct." The basis for every constitutional question is whether or not a federal power or program is authorized by the Constitution. As we both have pointed out, the Constitution allows for the enumeration, or counting, of citizens "in such Manner as they shall by Law direct." The expansive and intrusive nature of the surveys, as produced today, is the product of an invasion of citizens' privacy. > Point 1: Questions beyond the specific enumeration of the citizens is unconstitutional by breach of privacy. The Tenth Amendment says, "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." That is to say, the Constitution consists of delegated, enumerated powers and thus establishes a limited government. The power of enumeration was delegated to the federal government. Asking how well you speak English, your highest level of education, where you lived five years ago, what time you leave for work, if you have a toilet with running water, or any of the other groundless questions are not among the few, enumerated powers of the federal government. (1) > Point 2: The Tenth Amendment prohibits the federal government from utilizing powers not specifically delegated by the Constitution. As claimed in Round 1, the census of 1790 asked "essentially" two questions: name of head of household and the number of persons living in the household. The actual questions on the survey numbered six: 1) name of head of family; 2) number of free white males of 16 years and upward; 3) number of free White males under 16 years; 4) number of free White females; 5) number of all other free persons (by sex and color); 6) number of slaves. (2) Question one could be arguably justified as a means of counting each household only once. > Substantiating Evidence: The early census surveys did not pry into the private lives of the citizens. 13 USC 221 states: "Whoever … refuses or willfully neglects … to answer, to the best of his knowledge, any of the questions on any schedule submitted to him in connection with any census or survey … shall be fined not more than $100. … Whoever … willfully gives any answer that is false, shall be fined not more than $500." 18 USC 3571 and 3559 effectively increase these fines to $5000 per incidence. The Fifth Amendment grants the privilege of self-incrimination. "No person … shall be compelled in any criminal case to be a witness against himself." Many would claim that no appropriate defense exists for a Fifth Amendment privilege but one need only to look back to World War II for examples. Although the evidence does not unequivocally prove that the Census Bureau was intimately involved, there is ample evidence to grant the Fifth as well as reconsider the constitutionality of the census survey. However, it is clear that in February 1942, the Census Bureau assisted the Army's Wartime Civil Control Administration by using the 1940 Census results to target Japanese Americans for forced migration and internment. (3) > Point 3: The sampling of questions pose a real security threat to Americans and are not required to answer per the Fifth Amendment. (1) http://www.census.gov... (2) http://www2.census.gov... (3) After Pearl Harbor: The Proper Role of Population Data Systems in Time of War -- Seltzer and Anderson