Issue Description

Federal law requires individuals to fill out and submit the census form (see Title 13—Census of the United States Code). Americans from coast to coast will start receiving the U.S. Census mailings for the next census in March of 2010. You may have questions about your rights in regards to the upcoming questionnaires. How can you protect the integrity and confidentiality of your homeschool while responding to the U.S. Census? In this report, we attempt to provide answers to frequently asked questions about the census.

What are the U.S. census questions?

According to the U.S. Census Bureau, the 2010 Census will be a little different from in the past. Everyone will receive a short form that will have to be filled out by April 1, 2010. It is very basic, with seven questions for the head of the household: name, age, date of birth, sex, race, Hispanic origin, homeowner or renter. The rest of the individuals in the house receive six questions: name, age, date of birth, sex, race, and Hispanic origin.

This is different from the last census, which sent out two types of forms, the short seven-question form, and a long 53-question form. The long form was converted into the American Community Surveys that are sent out to small numbers of people throughout the 10-year period between each Census. Read our online issue page for more information on the American Community Survey.

Do I have to fill out the whole form?

The most frequent question we receive from member families is, “Am I required by law to answer the census?”

The U.S. Census is mandatory by federal law. There is clear federal warning in the code about refusal to give the required information to the Census Bureau. U.S. Code, Title 13 states that citizens must comply with the census or face a $100 fine. There is a $500 penalty for giving false information.

Are the census questions constitutional?

Article I, Section 2(3) of the U.S. Constitution is the provision that authorizes a census. “The actual enumeration shall be made within three years after the first meeting of the Congress of the United States, and within every subsequent term of ten years, in such a manner as they shall by law direct.”

The last phrase, “in such a manner as they shall by law direct,” gives Congress broad authority to determine the scope and process for collecting the census. Congress used this authority to define the parameters of the census in Title 13 of the U.S. Code.

Will there be any questions about homeschooling?

Not in the 2010 census.

Will a census worker come to my door? Do I have to let him inside?

There is a pre-listing and listing operation underway to make sure that addresses are correct, especially in new neighborhoods. This means that there will be certain instances where you will see census workers in the field. However, census workers are not typically going to go door to door. There is simply not enough time or money to do this. The only reason a census worker will come to your door is if you have not returned your form or if you have a new address. They are not authorized to enter your home or collect information that is not required by law. HSLDA will protect our member families against any attempt to collect homeschool information.

HSLDA recommends that you also contact the U.S. Census Customer Services Call Center at 1-800-923-8282 for more information.

Issue Background

The nationwide population census is authorized under Article I, Section 2, of the United States Constitution. The first census was taken in 1790 and included only six simple questions:

• Name of the head of the household;
• Number of persons living in the household;
• Number of free white males who are sixteen years old or older living in the household (this question told how many young men were available to drafted into wars. It also told how many young men were available to work in the industrial process.);
• Number of free white males who are under the age of sixteen living in the household;
• The sex and race of all of the other persons living in the household.

The decennial census first changed in 1820 to include occupational information in addition to the first six questions. Over the last two centuries, the decennial census has evolved to include additional information that the federal government has deemed important. Required information includes, but is not limited to:

• Every free person’s name;
• Information about taxes, schools, crime, wages; information on the general condition of housing, etc.;
• Data on mortality.

Since its beginning, the U.S. Census has been a cause of concern for many Americans, initially because the census information was public, but now because of the increased number of invasive questions.