by John W. Whitehead, Rutherford Institute:
“Experience teaches us to be most on our guard to protect liberty when the government’s purposes are beneficent.”—Supreme Court Justice Louis D. Brandeis
There was a time when the census was just a head count.
That is no longer the case.
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The American Community Survey (ACS), sent to about 3.5 million homes every year, is the byproduct of a government that believes it has the right to know all of your personal business.
If you haven’t already received an ACS, it’s just a matter of time.
A far cry from the traditional census, which is limited to ascertaining the number of persons living in each dwelling, their ages and ethnicities, the ownership of the dwelling and telephone numbers, the ACS contains some of the most detailed and intrusive questions ever put forth in a census questionnaire.
At 28 pages (with an additional 16-page instruction packet), these questions concern matters that the government simply has no business knowing, including questions relating to respondents’ bathing habits, home utility costs, fertility, marital history, work commute, mortgage, and health insurance, among other highly personal and private matters.
For instance, the ACS asks how many persons live in your home, along with their names and detailed information about them such as their relationship to you, marital status, race and their physical, mental and emotional problems, etc. The survey also asks how many bedrooms and bathrooms you have in your house, along with the fuel used to heat your home, the cost of electricity, what type of mortgage you have and monthly mortgage payments, property taxes and so on.
And then the survey drills down even deeper.
The survey demands to know how many days you were sick last year, how many automobiles you own and the number of miles driven, whether you have trouble getting up the stairs, and what time you leave for work every morning, along with highly detailed inquiries about your financial affairs. And the survey demands that you violate the privacy of others by supplying the names and addresses of your friends, relatives and employer.
The questionnaire also demands that you give other information on the people in your home, such as their educational levels, how many years of school were completed, what languages they speak and when they last worked at a job, among other things.
Individuals who receive the ACS must complete it or be subject to monetary penalties.
Although no reports have surfaced of individuals actually being penalized for refusing to answer the survey, the potential fines that can be levied for refusing to participate in the ACS are staggering. For every question not answered, there is a $100 fine. And for every intentionally false response to a question, the fine is $500. Therefore, if a person representing a two-person household refused to fill out any questions or simply answered nonsensically, the total fines could range from upwards of $10,000 and $50,000 for noncompliance.
While some of the ACS’ questions may seem fairly routine, the real danger is in not knowing why the information is needed, how it will be used by the government or with whom it will be shared.
In an age when the government has significant technological resources at its disposal to not only carry out warrantless surveillance on American citizens but also to harvest and mine that data for its own dubious purposes, whether it be crime-mapping or profiling based on whatever criteria the government wants to use to target and segregate the populace, the potential for abuse is grave.
As such, the ACS qualifies as a government program whose purpose, while sold to the public as routine and benign, raises significant constitutional concerns.
The Rutherford Institute has received hundreds of inquiries from individuals who have received the ACS and are not comfortable sharing such private, intimate details with the government or are unsettled by the aggressive tactics utilized by Census Bureau agents seeking to compel responses to ACS questions.
The following Q&A is provided as a resource to those who want to better understand their rights in respect to the ACS.
Q: What kind of questions are contained in the ACS?
A: The ACS contains questions that go far beyond typical census questions about the number of individuals within the household and their age, race, and sex. The survey combines intrusive questions with highly detailed inquiries about your financial affairs. Furthermore, the questionnaire also demands that recipients provide information about their family and other people in their home, such as their educational levels, how many years of school were completed, what languages they speak, when they last worked at a job, and when occupants of your home are away from the house.
