Legal Question in Constitutional Law in Montana
I just received the American Community Survey with 48 invasive questions that are said to be required to be answered by law (title 13, US Code, Sections 141 and 193) Title 13, as change by Title 18 imposes a penalty for not responding. They say from $100 a question up to $5000.00 a question.
How can I answer when I believe that this is against my Constitutional rights?
1 Answer from Attorneys
How can you answer them? By writing down the requested information in the appropriate spaces on the form. What you really seem to be asking is "Why should I", not "How can I". The answer is that you should do it because the law requires you to.
We are all entitled to our own beliefs about what the Constitution says, but we are not entitled to be treated as if our beliefs are correct. I'm sure your belief is sincere, but it is also mistaken. That is what matters.
The Constitution does not invalidate the ACS. If you really believe it does, then your recourse is to file a lawsuit or seek an injunction. If you do, you will lose.
Fwiw, I don't think it is very likely that you will be fined if you refuse to answer. You might be, though. And the census bureau will become progressively more insistent as time goes by.
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