Eleanor Finch
The U.S. Constitution mandates that a census be conducted every 10 years, counting all people—citizens and noncitizens—living in the United States. This decennial census, first conducted in 1790, is a complete count of the entire U.S. population, with the Census Bureau notifying Congress of the planned subjects and questions to be asked. The census records are kept confidential for 72 years, with the option of responding online, by mail, or by phone.
| Characteristics | Values |
|---|---|
| Frequency | Every 10 years |
| Purpose | To count all people—both citizens and noncitizens—living in the United States |
| Subjects | General census subjects must be notified to Congress 3 years before the census |
| Questions | The actual questions to be asked must be notified to Congress 2 years before the census |
| Record Confidentiality | Census records are kept confidential for 72 years |
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What You'll Learn
The Enumeration Clause
The methodology used for the census count is left to the discretion of Congress, as long as it is an "actual enumeration", or an actual count. This has been interpreted to mean that estimations are not allowed, and that each and every individual must be counted. However, there are those who disagree, arguing that government officials should be able to use their best judgment in making estimations. The Supreme Court has upheld the broad authority of Congress in conducting the census, including the power to inquire about citizenship on the census questionnaire.
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Apportionment
The method of calculating apportionment has changed over time. In 1941, Congress adopted the current method, the Method of Equal Proportions, which was first used after the 1940 Census. The method has been used after each subsequent census, as mandated in Title 2, United States Code. The Method of Equal Proportions aims to minimize the relative (or percentage) differences in representation (the number of people per representative) among the states.
To determine the number of seats each state receives, a set of "priority values" for each state is calculated based on the state's apportionment population. A state is allocated a seat each time one of its priority values is included in the largest 385 values in the list. The priority value for a state's "seat two" equals its apportionment population divided by the square root of 2(2-1). The priority value for a state's "seat three" equals its apportionment population divided by the square root of 3(3-1). This process is repeated for each potential seat, with California, the most populous state, currently having 53 seats.
The calculation and verification process involves multiple staff members from different areas of the Census Bureau running their programs independently and comparing the output data to ensure all results match.
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Census confidentiality
The US Constitution does mandate a census every 10 years. Article I, Section 2 of the US Constitution, known as the Enumeration Clause, mandates that an apportionment of representatives among the states must be carried out every 10 years, with the first census taking place in 1790. This census is to count every citizen and resident, including non-citizens.
The Enumeration Clause states that the number of seats in the House of Representatives must be divided among the states according to each state's total population. These figures are to be determined by an "actual enumeration", or census, which is to occur every 10 years.
The purpose of the census was to empower the governed over their government. The census has been described as the "linchpin of the federal statistical system", collecting data on individuals, households, and housing units across the country.
The specific subjects and questions included in the census are not specified in Title 13, U.S. Code, which codifies earlier census acts and statutes authorising the decennial census. However, the Census Bureau is required to notify Congress of the general census subjects to be addressed three years before the census and the actual questions two years in advance.
In modern times, there has been controversy and debate over what constitutes an "actual enumeration", with the Supreme Court reviewing the constitutionality of adding a question about citizenship to the census questionnaire.
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Counting non-citizens
The US Census, conducted every 10 years, is mandated by Article I, Section 2 of the US Constitution, which states that an apportionment of representatives among the states must be carried out every 10 years. The Enumeration Clause of Article I, Section 2, specifies that the number of seats in the House of Representatives must be divided among the states according to their total populations.
The question of whether non-citizens should be counted in the census has been a subject of debate and controversy. While some argue that only citizens should be counted, others assert that the census should include all residents, regardless of their citizenship status. This debate has been influenced by the understanding that the census should provide an actual enumeration of the population, including both citizens and non-citizens.
Historically, since the first census in 1790, both citizens and non-citizens have been counted and used to apportion seats in the House of Representatives. The inclusion of non-citizens in the census count is based on the interpretation that the census should reflect the total population of each state, regardless of legal status. This is particularly relevant in states with larger concentrations of non-citizens, such as California, where an undercount could result in a significant loss of representation in the House.
However, in recent years, there have been efforts by the Trump administration to exclude unauthorized immigrants from the census count and to add a citizenship question to the census questionnaire. The administration argued that the president has the discretion to decide who is considered an inhabitant of the US for apportionment purposes. These attempts were met with legal challenges, and federal judges ruled against including a citizenship question on the 2020 census, citing potential inaccuracies and undercounts, especially in households with non-citizen immigrants.
The debate over counting non-citizens in the census has significant implications for apportionment in the House of Representatives. Excluding unauthorized immigrants from the census count could lead to changes in the number of seats allocated to certain states, with some states losing representation while others gain. This underscores the importance of an accurate and comprehensive census count that includes all residents, regardless of their citizenship status.
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The Census Act
The census fulfilled a constitutional mandate, with Article I, Section 2 of the U.S. Constitution requiring an apportionment of representatives among the states every 10 years. The Enumeration Clause states that the number of seats in the House of Representatives must be divided among the states according to their total populations, with each state guaranteed at least one seat.
The 1790 census was overseen by U.S. marshals, the first federal law enforcement officers, with one marshal assigned to each of the 13 federal judicial districts. Each marshal appointed assistants to canvas their districts, and once completed, each assistant posted a "correct copy" of the schedule containing the number of inhabitants within their division in two public places. Residents could then correct any errors or omissions. Assistants had nine months to complete their work, which was then returned to the marshal. The marshal had an additional four months to verify that he had "a just and perfect enumeration" before submitting it to the district court, which then forwarded the information to the secretary of state.
The bill that Washington signed into law specified that the census would include only the names of heads of households and an enumeration of persons divided into five categories: free white males age sixteen and older; free white males under the age of sixteen; free white females; all other free persons; and slaves.
In 1954, Congress codified earlier census acts and all other statutes authorizing the decennial census as Title 13, U.S. Code. Title 13 does not specify which subjects or questions are to be included in the decennial census but requires the Census Bureau to notify Congress of general census subjects to be addressed three years in advance and the actual questions two years in advance.
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Frequently asked questions
Yes, the U.S. Constitution mandates that a census be taken every 10 years.
The census counts every resident in the United States, including non-citizens. Its original purpose was to apportion representatives among the states.
The census asks a few questions about every person and household. The Census Bureau notifies Congress of the planned subjects for the census no later than three years before the census and of the specific wording of the questions no later than two years before the census.
