dr. rand paul, former governor mccaughey and charlie gasparino, thank you for joining us. this is census day. they say to answer a bunch of question. what does the constitution require? we'll be right back. >>> all right. if you haven't heard, it's census day, the deadline for everyone to return the u.s. census form, unless you want visit from a federal worker. the forms count the number of people in each household and are used to allocate federal money and congressional seats. but some will be asked dozens of questions about intimate private behavior that occurs within the household. plus, the government will demand each form that you received be answer or you pay a fine. is this constitutional? is it an invasion of privacy? here to explain, kevin gutsman, associate professor of history at western connecticut state university and author of the terrific book "the politically incorrect guide to the constitution." and ilias shapiro, senior fellow in constitutional studies at the cato institute and editor in chief of the cato supreme court review. to you, first. has the supre

dr. rand paul who is ron paul's son. are you going to enter the race? >> at this point, i have decided not to get involved in kentucky. i have said before i think rand paul is one of the best candidates we have as republicans in the country today. that's one race, at least at this point, i'm going to stay out ofme. >> i can't help myself. will the republicans take the senate come november? >> i think your question was will we take the senate. i think we have a good shot of taking the house. i'm not sure there are enough slots open in the senate to actually take it back this time. we are hoping for a good election. the key for me, larry, is to get four or five republicans who are committed to stopping the spending, the borrowing, government takeovers. if we can do that in the senate, if we don't take it over in 2010 we definitely will in 2012. >> senator jim demint of south carolina, we appreciate it, sir. good luck on saving the gop's soul. >> thank you, larriment. >> thank you, sir. >>> tomorrow we visit with dick durbin, the number two democrat in the