Re: [CTPP] Long form blues

LONG FORM LEGALITY/CONSTITUTIONALITY Recent news stories have raised questions about the legality of the census, the constitutionality of the decennial census, and the “intrusiveness” of the long form. The claim of long form critics is that the U.S. Constitution calls only for an “actual enumeration”. This interpretation truncates the actual language of Article 1, Section 2, Clause 3, which in its entirety grants Congress the power to design the decennial census in such manner as it directs by law. . *** The full phrase of Article 1, with regard to the decennial census, reads: “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 Manner as they shall by Law direct.” Every subject on the short form and the long form is mandated or required by law. The subjects for Census 2000 were reviewed by Congress in 1997, and the actual questions and their order on the form were reviewed by Congress in 1998. The short form is the shortest since 1820. It asks just seven questions and, for an average household, should take fewer than 10 minutes to complete. The long form is the shortest in history, with 52 questions, all required by law. Nationally, it goes to about 1 in 6 households. In 1940, the first year of the long form, the questions numbered 81. Questions about age, sex and race have been asked since the first census, which Thomas Jefferson oversaw in 1790. Every question on the long form is required by law or is needed to meet federal case law requirements. For 2000, the Census Bureau removed five questions from the 1990 long form because they no longer met this test. The only new question added since 1980 was “grandparents as care-givers,” in response to passage of the Welfare Reform Act in the 104th Congress. Each long form question provides valuable information for important public policy and business decisions. For example: Data from the question on the number of telephones in the home are used to help plan local 911 emergency services. They also are used to help implement the Older Americans Act to provide emergency and health-care services to homebound seniors without phone service. Data from the question on how long it takes to commute to work are used by federal, state, local and private transportation planners to help design new roads, bus routes, and mass transit systems and to manage traffic congestion, as well as to distribute federal transportation funds. Data from the question on plumbing facilities are used by local communities to determine the quality of housing stock and to identify areas eligible for public assistance and rehabilitation loans. Data from the question on veterans status are used to plan the location of veterans hospitals and to efficiently deliver veterans health-care and nursing services. Additional information about federal legislative and program use can be found on the Census Bureau’s web site <www.census.gov> under Frequently Asked Questions: “Why does the Census Bureau ask these questions?” Title 13, U.S.C. can be found at <UScode.house.gov/title_13.htm> “Don’t leave it blank.” The long form helps ensure the fair and equitable distribution of public and private investment, all of which benefit your community. March 24, 2000