[comp.society] The Census

philip@pescadero.Stanford.EDU (Philip Machanick) (01/07/91)

Of course, this discussion of Lotus Marketplace and its use of census 
information (and the census itself) is all very much related to computers, 
because the US Census in 1890 was a major impetus to the development of 
technologies which were later used in computers.

There is a fundamental question here: is inventing technology a good way of
solving social problems? Although the computer industry has led to undoubted
benefits to society, I don't believe that the ability to conduct a fuller
census is necessarily such an advance. Couldn't the population be estimated
with equal accuracy by statistical methods? Samples could be taken more often,
and very extensive checks could be run for a fraction of the cost of counting
the entire population (which in any case seems to be virtually impossible).
In particular, the count for disadvantaged groups is likely to be prejudiced
by attempting a full count. "Non-disadvantaged" people have permanent
addresses, are literate, and don't have any specific reason to be suspicious
of authority.

So while I agree that there is a trade-off between collective and individual
rights, I'm not sure if I buy the argument that a census is essential (maybe
it is in terms of the US constitution, but that's a different issue).

Philip Machanick

jeffd@ficc.ferranti.com (Jeff Daiell) (01/09/91)

Philip Machanick writes:

> "Non-disadvantaged" people ...  don't have any specific reason to 
> be suspicious of authority.

Oh?  How about the income tax, the property tax, censorship, the draft, 
sales taxes, mail openings, wiretaps, anti-competitive regulation, gun 
control, inter alia?

But to return to your main thesis: because of the 14th Amendment, and 
subsequent "one person, one vote" rulings (which I support), a person 
count is Constitutionally essential.  My objections to the Census as 
currently handled are: (1) there is a coercive element (the fine, no 
matter how rarely invoked); (2) questions beyond the person count itself.  
It's none of Uncle's business how many rooms are in my house, etc.

Jeff Daiell

ward@tsnews.Convergent.COM (Ward Griffiths) (01/09/91)

The original purpose of the national census each decade, as established
in the original U.S.  Constitution, was nothing more than counting
noses.  The primary reasons for the nose-counting were to determine how
many congress-critters each state would supply to the house of
representatives, and how much taxes each state would pay to the federal
government.  Of course, the latter reason no longer applies, as the
Constitution was later ammended to allow the federal government to tax
individuals.  I am not sure of the legal basis for the newer nosy
versions of the census, but I must assume that with the current policy
of treating regulations inflicted by government departments as having
the power of law, that someone at the bureau simply decided "Hey!  Why
don't we insist they give us all these nifty personal details about
their lives!".

Can't say as I personally agree with these rules, but as Chairman Mao (a
man I respected but did not admire) said:  Power Comes from the Barrel
of a Gun.  And the government has more guns than I have.  At present.

Ward Griffiths

jeffd@ficc.ferranti.com (Jeff Daiell) (01/10/91)

Ward Griffiths writes:

> Can't say as I personally agree with these rules, but as Chairman Mao (a
> man I respected but did not admire) said:  Power Comes from the Barrel
> of a Gun...

True, but there are still the courts - and I think the reason that
census resisters haven't been tried is that Uncle knows the "legal" 
grounds for the invasive questions is shaky at best, and doesn't
want a court case ... especially since the trial would be open.
Can't have the general populace hearing arguments based on the
Constitution now, can they?

Jeff Daiell

cosell@BBN.COM (Bernie Cosell) (01/15/91)

Ward Griffiths writes:

> The original purpose of the national census each decade, as established
> in the original U.S.  Constitution, was nothing more than counting
> noses.  The primary reasons for the nose-counting were to determine how
> many congress-critters each state would supply to the house of
> representatives, and how much taxes each state would pay to the federal
> government.

I think you've got the details wrong here [but the overall point is
correct].  The Constitution is quite clear, and the sense is exactly
backwards from what you say: the "original purpose" is to establish the
apportionment and the tax base.  period.  It is not the "primary
reason", it is the *ONLY* reason.  There is NO authority for a 'nose
count', per se,  or any other arbitrary statistics gathering.

> I am not sure of the legal basis for the newer nosy versions of the 
> census, but I must assume that with the current policy of treating 
> regulations inflicted by government departments as having the power 
> of law, that someone at the bureau simply decided "Hey!  Why don't we 
> insist they give us all these nifty personal details about their lives!".

Again, simply going back to the constitution clarifies this some: it
sames [Art I sec 2 #3]  "The actual enumeration shall be made ... in
such manner as they [Congress] shall by law direct".  And the law now
says that you are legally obligated to answer all of those @#$%@#$
questions.

Is the law constitutional?  That's a trickier question, but I suspect
that the SC would rule that it IS.  The actual legal tradition varies
from court to court, but in general in matters of procedure the SC
defers to the other branches to determine for themselves how to do
their jobs.  In this case, the argument would go that "We [Congress]
are empowered to determine how the census ought to be conducted, and
since it must be by law, that implies the consent of the Executive.
And that's what we've done"  Barring any really gross overstepping of
their authority or other impropriety, I think that the SC, in general,
buys this kind of reasoning.

One problem is that the gov't has gotten involved in all sorts of
things which while arguable beyond its intended purview are nonetheless
fait accompli.  Many of these [e.g., welfare programs,
anti-discriminatory programs, other aid programs, projections for the
costs of Social Security, etc, etc] all really require that for the
gov't to be able to administer its programs in a rational way it really
MUST have more of this intrusive information.  [e.g., it is real hard
to police discriminatory practices if you are denied any way of
determining what is going on; or it is real hard to administer an 'aid'
program of any sort if you're denied knowing which parts of the country
are in need and which aren't].

I'll just point out that some would argue that this quandry is prima
facie evidence that the gov't is involved in things it ought not be
messing with, and so instead of further sullying the waters with its
further intrusions, perhaps it ought to rethink the basic programs and
find a way to better stay within its intended bounds.

Bernie