Michele Bachmann's Census Craziness Backfires, 'Very Personal' Information Made Public
A BUZZFLASH NEWS ANALYSIS
by Meg White
Last week, Rep. Michele Bachmann (R-MN) told the Washington Times (in an EXCLUSIVE INTERVIEW!!! No, really? I wonder when Bachmann last granted an interview to a news outlet that wasn't totally loony tunes) she would not be filling out her 2010 Census in full.
Bachmann is ostensibly hyperventilating over the fact that the Association of Community Organizations for Reform Now (ACORN) is among the groups tapped by the U.S. Census Bureau to help recruit people as temporary Census takers.
But in an interview on Sun Myung Moon's new radio show, Bachmann revealed her true fears about the Census: People who don't look like her demographically might get counted. Historically, this hasn't been a problem for Bachmann: Poor people, city dwellers, and minorities are harder to count than suburban white people who live in mansions on golf courses.
"I think what the threat of ACORN would be diluting the ballot box and the effectiveness of our votes at the ballot box," Bachmann said when she was asked about the terrible threat to democracy posed by ACORN helping conduct the Census. "Unfortunately, the Census data has become very intricate, very very personal, a lot of the questions that are asked. And I know for my family the only question we will be answering is how many people is in our home."
(And no, that is not a typo. The Washington Times and other news sources corrected Bachmann's grammar, but you can listen to the audio recording here.)
Thankfully, BuzzFlash HQ is blessed with resourceful neighbors who last week stopped by with a copy of Bachmann's census, or at least a close approximation of it. The thing about the Census is most of its questions are a matter of public knowledge, so filling it out on Bachmann's behalf isn't all that tough.
Will Caskey, principal of the opposition research firm Third Coast Research, said he "enthusiastically" supports the Census, and the document Third Coast produced speaks to their commitment to the free flow of information.
"Opposition research is about transparency. 'Very intricate' and 'very personal' information can often be found in ordinary public records. This document shows part of the process in effective opposition research," Caskey told me in an e-mail (we're coincidentally both working from outside the office today, which is why I didn't just stop by for a chat).
Most of the data in the document is pretty innocuous. However, Bachmann may have some 'splaining to do when it comes to her home, situated on a 2.75 acre lot, according to the records cited by Third Coast. They note that "public records do not indicate a mortgage; however this data is only a broad survey of public records. Having said that, the property was purchased for $760,000, a veritable steal considering its market assessment of $1.2 million."
Appearances aside, Bachmann might consider ditching her illegal crusade. The Washington Times article notes that a Census Bureau spokeswoman "sent a portion of the U.S. legal code that says anyone over 18 years of age who refuses to answer 'any of the questions' on the census can be fined up to $5,000."
As she's using the Census as a convenient noose with which to drag ACORN through the mud once more, Bachmann is simultaneously trashing an institution mandated by the Constitution, through which many important services are apportioned.
"Anna" at the blog Dump Michele Bachmann states the obvious for the ignorant Congresswoman:
Oh, and those other "personal" questions on the census form? Like whether there are preschool or elementary school children in the house? Those are used to plug into formulas that are used to provide proper funding to programs at state and local levels. Refusal to answer is not only against the law, it works against a community's best interests. Federal funding for these programs, at the proper levels, is important.
But just because things are important for her community doesn't mean Bachmann cares about them. Getting reelected, however, is important to her.
Another unspoken problem Bachmann has with the Census is its role in redistricting. According to one projection from Swing State Project, Bachmann could lose her seat due to declining population in her district. I can't really blame her constituents for high-tailing it; I wouldn't want to be represented by a nut job such as her either.
Republicans as a whole are raising non-issues to make people suspicious of the Census, which is making it extremely difficult to secure a director at the U.S. Census bureau. First Republicans (and the media) made the consideration and withdrawal of Judd Gregg's name for Commerce Secretary all about the Census when everyone involved insisted it wasn't. Now the GOP has put an anonymous hold on Obama's nominee to run the Census Bureau, Robert Groves, citing a seemingly non-existent unanimous consent issue. They're raising the specter of statistical sampling, which is prohibited by Congress anyway, to scare people into not trusting the government to do a headcount.
The sad thing is that self-serving, over-represented folks such as Bachmann might actually convince a couple of paranoid people -- who may actually need a share of the $300 billion parceled out according to Census figures each year -- to refuse to fill out the 2010 Census.
Hopefully the bureau will give Census takers a crash course in countering the propaganda of bulls**t factories such as Bachmann. And I pity the Census taker sent out to talk Minnesota's 6th district congresswoman off the roof of her mansion. Watch out, I hear she's "armed and dangerous."
A BUZZFLASH NEWS ANALYSIS
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Regretably Michelle was right
In respose to your article on Michele Bachmann (R-Mn): Congresswoman Bachman is actually correct in her position that no information other than providing the number of persons in the household is required.
US Constitution Article I, Legislative Branch, Section 2: “…which shall be determined by adding to the whole Number of free persons…The actual Enumeration shall be made …, and within every subsequent Term of ten Years, in such Manner as they shall by Law direct.”
Article I Section 9: “No Capitation, or other direct, Tax shall be laid, unless in Proportion to the Census or enumeration herein before directed to be taken.”
Definition of “Enumeration”: Dictionary.com · The American Heritage® Dictionary - (2 definitions)1.To count off or name one by one; list: A spokesperson enumerated the strikers' demands. 2.To determine the number of; count
According to the US Constitution, the census is limited to only counting the number of persons, and not legal for counting anything other than the number of persons: This includes as illegal any questions concerning, race, sexual orientation, income level, income source, personal assets, type of house, gun ownership, organizational or party affiliation, education level attained, or any other demographic data other than counting the number of persons as required by the US Constitution. Even Congress cannot direct those questions since the “Manner they shall by Law direct” pertains ONLY to the “Manner” of conducting the census and not to the nature of questions or other information content other than counting (enumeration) itself. The Executive Branch, President Obama, his departments and agencies, and the Judicial Branch, Department of Justice, Attorney General, or any other judicial department or Agencies have NO Legal authority to conduct any census or demand any kind of personal information of any type – as directed by the US Constitution which requires ONLY "enumeration" (counting of persons) - by Congress.
Since NO Constitutional Admendment has been passed to change that requirement for any information other than "enumeration", and lower US legal Codes, Titles and Statutes cannot superced the Constitution when in conflict with it, any such requests have no merit or enforcement of law (failure to provide under penalty of law enforcability) nor is any person required to provide such information in the census forms.
The general misconception is that any statute passed by legislators bearing the appearance of law constitutes the law of the land. The US Constitution is the supreme law of the land, and any statute, to be valid, must be in agreement. It is impossible for a law which violates the Constitution to be valid. Supporting case study:
“All laws which are repugnant to the Constitution are null and void.” – Marbury vs. Madison, 5 US (2 Cranch) 137,174,176 (1803)
“Where rights secured by the Constitution are involved, there can be no rule making or legislation which would abrogate them.” – Miranda vs Arizona, 384 US 436 p.491
“An unconstitutional act is not law; it confers no rights; it imposes no duties; affords no protection; it creates no office; it is legal contemplation, as inoperative as though it had never been passed.” – Norton vs. Shelby County, 118 US 425 p.442
The general rule is that an unconstitutional statue, though having the form of law, is in reality no law, but is wholly void, and ineffective for any purpose; since unconstitutionality dates from the time of its enactment, and not merely from the date of decision so branding it.
“No one is bound to obey an unconstitutional law and no courts are bound to enforce it.” – 16 Am Jur 2d, Sec 177 late 2d, Sec 256
. No US Code, Title or Statute can legally direct one to answer any questions on the census form other than numer in household, (such as “anyone over 18 years of age who refuses to answer 'any of the questions' on the census can be fined up to $5,000." ) which violates the Constitution – and thus has no legal merit or enforcebility. In fact, citizens are duty bound to uphold the Constitution and protect it from such abuse by conflicting lower Statute andUS Code. Though we may not like it , one is NOT LEGALLY required to answer any census questions other than number of persons (enumeration)!
Bachmann Overturn Her Drive
The Republican party is made up of dumb people!
Michele Bachmann
Good Catch!!
And since when...
The census is in the
Congressional Discipline
since when, with an
Now...let me see...
That her grammar is as faulty
Good catch
Bachman needs some time off