Understanding the Constitution - Part II

Under Section 2 - The House

"Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons." (The previous sentence in parentheses was modified by the 14th Amendment, section 2.) "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."

This section of the Constitution brings up two misunderstood issues - how slaves were only counted as three-fifths of a person, and the census.

To many folks who have not studied the Constitution but instead have relied upon others taking portions out of context, it might appear that the founding fathers thought slaves were less than human, to be counted only as 3/5 of a person. But that is not the case. According to letters and writings of the founders at the time, it was recognized that the vast majority of slaves were in the southern states, which inflated the number of actual people in those states. Since representation was to be based on sheer numbers, it was determined that counting slaves as full persons would give southern states too strong a majority in Congress, and they would use that very majority, provided by slave ownership, to perpetuate slavery. The founding fathers actually wanted to eliminate slavery, but could not hope to do so if the southern states were to forever rule Congress. And that is why slaves were considered as 3/5 for census purposes - it was the only hope of eventually eradicating slavery.

So, by counting slaves as 3/5, the founders created a system that could eventually put an end to slavery once and for all. Had slaves been given a full count, the south would forever reign supreme in Congress and slavery might still exist to this day.

This brings us to the census. The government tries to bully us if we do not provide all manner of personal information so that Congress can use that info to pork their way into keeping their seats. They try to tell us we are lawfully required to answer all the questions. And they have even passed laws to that effect. However...

The Constitution is absolutely clear - the Congress may take a count only - enumeration. The only thing they have any legal right to change is the "manner". In other words, they could take census door-to-door, or by the mail. Later, it could be changed to FAX, email or any other manner. But what they have no authority to change is the purpose - enumeration. A head count. As stated clearly in the 10th Amendment, if the Constitution does not specifically give a power to the government, then the government does not have that power, nor can they assume it.

Since the Constitution is the ultimate law of the land, any laws Congress may foolishly pass that are contrary to the Constitution cannot be enforced, and if it comes to a court fight, the government would lose. They know this, and that is why they have never attempted to enforce those laws. They simply count on you not knowing the law, and simply complying with their bully tactics.

My problem with the intrusive government questions (which I have NEVER answered) is simply that the questions, by their nature, perpetuate racism and other forms of discrimination. For example, by knowing the proportion of colored people in a district (or women, or low income), they can then (unfairly) adjust the level of government support (or lack thereof) for that district (pork). I strongly believe our nation would be better served if everyone - starting with the government - would simply eliminate the labels. There would be no such thing as an African American, or Native American - only Americans. After all, except for the Indians, none of us are ethnically Americans. The government, of all people, should forever stop using labels - no "black church", no "black caucus", "black history month", no "latino this or that" or anything else that is specifically designed to keep us separate and apart. Just Americans, or non-Americans. No special consideration for any individual or group. We are all the same. Period. Anything less is unAmerican. It's not white history or black history - it is history. History tells the story of everyone, white and black, or it is not really history...

And that is the commentary on Section 2 of the Constitution. The founders wanted to eliminate slavery, and the census can only require an enumeration - a head count. Any additional information you provide is at your own peril - the government can use it to do harm as well as good, and the information becomes public in 72 years. Bear in mind: if Germany collected such info on their ctizens in the 1930's. By 1936, Hitler rose to power and used that information to gather up Jews and non-Aryans. All governments fall, and someday ours will do the same. When that day comes, what information do you want on file...

/