Census 2010 – A Constitutional Response by Kevin Hayden

Posted on Mar 26, 2010 in Blog, Editorials, & Thoughts, Constitutional & Liberty Issues, Featured Articles

Kevin Hayden – Truth is Treason.net

Over the last several weeks, Truth is Treason.net has been garnering more and more attention, specifically on the topic of the 2010 Census and my response letter (How to Legally Refuse to Participate in the Census Survey).  I have also had television interview requests from the likes of RT News and other independent news services over a variety of topics, including the drug trade in Afghanistan.

About a month ago, I posted a ‘template letter’ for people to use when responding to the invasive questions of the 2010 Census. It spells out what authority the Census Bureau has and upon what grounds they may inquire about your private life. It included a Supreme Court case and defined what they can and can’t ask, among other things.

I emailed my template to my former Ron Paul Meetup Group back in New Orleans, figuring the few that remain might find it useful.

After doing this, I thought little more of it other than posting a link on my Facebook page. But then I realized a large percentage of visitors to TruthisTreason.net were searching for ways to refuse the Census, if they would be fined for not replying, or what might happen if they only answer the first question (How Many People Reside at this Address?).

Over the last 7 days, I have had over 12,000 visitors to the site either searching for it or downloading it. I have received dozens of emails about the letter and I have SEEN it posted on countless websites and in comments. Today, I was emailed by a girl on Facebook who started a FAN PAGE for my letter!  She turned my letter, verbatim, into a great, full size, printable document. She also created a few smaller graphics for use on websites and such.

She started this fan page today and it already has 355 “fans” and is growing steadily.

I never once thought a simple letter I sent with my Census form would garner such attention. But the sheer amount of fanfare it has received makes me think that we might have a chance as a Republic. It makes me realize that millions of Americans are truly pissed off and angry. It tells me that their is a mini-revolution occurring in people’s minds, prompting them to get off the couch and take part in our government process.
I am deeply astonished and honored that my letter has been and continues to circulate the internet like a wildfire.

If you have not already sent your Census form in or never read the letter, I urge you to download a copy, print it out and enclose it with your Census form.

You can find several different sizes graciously posted here by the young lady who created the Facebook Fan Page:


And for those of you on Facebook:

For those of you who just want to read the text of it:

To Whom it May Concern,

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.

Interstate Commerce Commission v. Brimson, 154 U.S. 447, 479 (May 26, 1894)

“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.’”

Note: This United States Supreme Court case has never been overturned.


A Citizen of the United States of America


The entire article can be found here, which goes into great detail about how Congress created the Census, what it is for, what it was intended for, and several Constitutional Principles that once understood, will help you in your fight aginst the ever-growing tyranny we face.

I hope you find it helpful.

Kevin Hayden


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