American Community Survey

[Reepotomac]

I got an American Community Survey from the census bureau and it says my response is required by law. Title 13 USC sec 141 and 193. First of all, it isn't addressed to me, it is addressed to the resident at the address, so I'm wondering if even answering it would open a new can of worms. Second I read the law, and if I read right, section 141 authorizes the actual census. Section 193 authorizes an interim decennial survey starting in 1985, so that's 1985, 1995, 2005 and 2015. 2010 ain't there. Wondering if you had any suggestions how to handle it.

[Admin]

Reepotomac:
Though census matters are a matter of general concern; addressing all of the details of how we would respond to such matters is an issue that requires Team Law beneficiary support; accordingly, a response to that issue on our forum would be limited to our Beneficiary Forum.

However, even the Better Business Bureau has been warning people about the conditions under which census taking occurs that requires everyone’s awareness and precedes participation with such programs. Their warning reminds people that anytime any government agency announces they are going to be going out to contact the people, the bunko artists pop out of the woodwork with all kinds of scams and presentations in an attempt to get information regarding the things people have. The idea is that under the guise of the government census, they (the con/bunko artist) can get people to willingly respond by giving virtually any information they desires and people will willingly give it to them—whether the inquiry comes by mail or by someone knocking at the door.

Thus, the Better Business Bureau warns people not to ever allow such people into your home. They warn people that realistic looking fake i.d. is easy to come by and remind people that even in a legitimate census taking project, the only information lawfully provided for to the Census by the Constitution is the number of people at a particular location; any other information goes beyond the constitutional authority for census.

When we heard that announcement from the Better Business Bureau we recognized its accuracy and were quite pleased that they had paid for such a public announcement in the media. We hoped they would get that word spread well; however, we only heard the publicized announcement once.

Though we do not get any of that type of mail, whenever any mail comes to our location marked “Resident”, it is undeliverable as addressed and is treated as such through the system.

Your comment indicated that your response, thus far, was to first study the law. That is exactly what Team Law has been preaching for years—‘the necessity for learning the law and applying it’. If a law applies to you, elementally you must know what the law is; without which knowledge, it is impossible to obey, honor or comply. Of course, ignorance of the law will remain without excuse; so, the study of law is mandatory for us all. Team Law respectively suggests, the only way anyone can learn the law accurately is by following the Standard for Review. That is because a study of the law without a study of its foundation is almost certain to provide the student with misunderstanding.

We hope this information is helpful to you.
Tell everybody about Team Law!

[Reepotomac]

I'm doing this from memory so tell me what you think.
The census (person) will say I'm required by a law to answer the American Community Survey.
Congress passes the laws.
Laws are without effect until implementing regulations are promulgated.
Implementing regulations in this case would be promulgated by the Commerce Secretary.
The Commerce secretary only has authority withing the Commerce department.
SO......WHAT HAVE I DONE TO PLACE MYSELF UNDER ADMINISTRATIVE AUTHORITY OF THE COMMERCE DEPARTMENT?
That's how I remember it from the days when I was studying that sort of stuff.

[Admin]

Reepotomac:
Ah, but now you are getting into the details of “how to”; accordingly, Team Law is limited to providing that level of support (helping people learn how) to Team Law beneficiary support. Thus, we cannot delve into greater detail with that process except in our Beneficiary Forum or in a beneficiary support situation.

We can however, contest the pattern you alleged that after an Act is passed by Congress and signed into law by the President it needs to have an implementing regulation to be enforceable. There is no such provision so limiting the applicability of laws in the Constitution.

What we expect you are referring to is the difference between laws as they are so enacted and codes that are not positive law but are simply an authors opinion of an abridgment from the law as it is compiled in the code. An example of such a thing is the tax code, which is published at Title 26 of the United States Code. It is simply an abridgment of the laws as they were passed. As such it is not positive law. As one reads such code, when they come to the end of the codified section they will find a list of sources; within those sources the student will find the links to the laws that were actually passed. Those laws are applicable in accord with their terms of application; but the code, not being positive law does need an implementing regulation to describe how the respective law is to be implemented.

Not all of the United States Code follows that pattern. Some of it is actually positive law (the law as it was passed by Congress and signed into law.

For example: Title 18 (the criminal code) is positive law—as such it needs no implementing regulation to be applied as it stands.

Still, does the fact that an Act is passed by Congress and signed into law by the President make the law valid?

No. For a law to be valid it must also have proper lawful authority.

For example: You may remember the federal abortion clinic perimeter law that said people could not protest such clinics within 500 feet of the clinic. That law was so passed and signed into law; but, when one man was charged with violating that law he contested that the people never granted such an authority to Congress such that they could lawfully have enacted such a law. The court agreed and he was exonerated from the charges; not only that, but others that had been convicted under that unconstitutional law were released from their prison terms due to that laws reversal in that court action.

Thus, as with any such situation, the remedy your inquiry is follow the Standard for Review and when you get to the point where you are studying the terms of the situation at hand, study the laws, rules and regulations as they apply to the matter; which brings us back to the purpose of Team Law; which is to help people learn how to learn the law and how to apply it from their own firsthand experience of studying the law itself; for it is only in that way that the people of this nation will learn how to save themselves, our families and our country.

We hope this information is helpful to you.
Tell everybody about Team Law!