2010 Census

The U.S. Constitution specifically grants Congress the authority to conduct a census. See Article I, Section 2, Clause 3.

The first census was authorized by the first Federal Congress and was conducted in 1790.

* That census asked questions about gender, race, relationship to the head of household, name of the head of household, and the number of slaves, if any.

* Moreover, census takers in some states sought additional information, including questions about occupation and the number of dwellings.

Today, Title 13 of the U.S. Code sets forth the controlling law passed by Congress regarding the census.

* Among other provisions, this federal statute provides that any person who "refuses or willfully neglects . . . to answer, to the best of his knowledge, any of the questions . . . submitted to him in connection with any census . . . shall be fined no more than $100." See 13 U.S.C. 221(a) (emphasis added)

* Moreover, this federal statute provides that any person who "willfully gives any answer that is false, shall be fined not more than $500." See 13 U.S.C. 221(b).

In interpreting the Constitution and federal law, Courts have upheld the constitutionality of the census.

* Most recently, a federal district judge in Texas upheld the constitutionality of the 2000 census, which like the 2010 census included questions about the number of people living in the house, whether the house is owned, with or without or mortgage, or rented, race, gender and relationship between of the persons in the house. See Morales v. Daley, 116 F.Supp.2d 801 (S.D. Tex. 2000), aff'd, 275 F3d 45 (5th Cir. 2001), cert denied, 534 U.S. 1135 (2002).