The Census Rule: A Constitutional Clause Explored

does the us constitution have a census rule

The United States Constitution does mandate the conduction of a census every 10 years, as outlined in Article I, Section 2. This census is known as the decennial census and was first carried out in 1790 under Secretary of State Thomas Jefferson. The census counts every resident in the United States, and its original legal purpose was to apportion representatives among the states, determining the amount of political representation each state has in Congress.

Characteristics Values
Frequency Every 10 years
Purpose Apportionment of representatives among the states
Mandate Article I, Section 2 of the Constitution
Subjects and questions Not specified in Title 13, U.S. Code
Notification of subjects Required 3 years before the census
Notification of questions Required 2 years before the census
Enumeration "Actual enumeration" mandated for apportionment of House seats
First census 1790
Number of federal censuses 24
Territories included Yes
Conducting authority United States Census Bureau
Most recent census 2020
Next census 2030

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The census is mandated by Article I, Section 2 of the US Constitution

The US Constitution does have a census rule, and it is mandated by Article I, Section 2 of the US Constitution. This is known as the Enumeration Clause, which states:

> "Representatives and direct Taxes shall be apportioned among the several States... according to their respective Numbers... . The actual Enumeration shall be made within three years after the first meeting of the Congress of the United States, and within every subsequent Term of ten Years".

The census is a count of every resident in the United States and takes place every 10 years. The first census was conducted in 1790, and there have been 24 federal censuses since. The census is the basis for apportioning political representation among the states, with the number of seats in the House of Representatives divided among the 50 states based on population figures. This apportionment is the original legal purpose of the decennial census, as intended by the Founding Fathers.

The census has been at the centre of some controversy, particularly regarding the question of citizenship. The Supreme Court has been asked to consider whether the census should count everyone and whether each state's share of national representatives should be determined by its total population. The debate has also been affected by the interaction of modern realities, such as the COVID-19 pandemic, which made data collection more difficult.

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It takes place every 10 years

The US Constitution does have a census rule, and it takes place every 10 years. This is known as the decennial census. The census is mandated by Article I, Section 2 of the US Constitution, which states:

> "Representatives and direct Taxes shall be apportioned among the several States... according to their respective Numbers... The actual Enumeration shall be made within three years after the first meeting of the Congress of the United States, and within every subsequent Term of ten Years".

Section 2 of the Fourteenth Amendment amended Article I, Section 2 to include that the "respective Numbers" of the "several States" will be determined by "counting the whole number of persons in each State, excluding Indians not taxed."

The US Constitution's census rule has been in place since 1790, during the first term of the country's first president, George Washington. The census counts every resident in the United States, and the data is used to determine the number of seats each state has in the House of Representatives. This is known as apportionment, which is the original legal purpose of the decennial census. The number of seats in the House has grown over time, with Congress increasing the number to 435 in 1913.

The US Census Bureau is responsible for conducting the census and has been discussing using technology to aid data collection since 2013. In 2020, every household was invited to complete the census online, by phone, or by paper questionnaire. The next census is scheduled for 2030.

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The census counts every resident in the US

The US Constitution does have a census rule. The census counts every resident in the US, as mandated by Article I, Section 2 of the Constitution, which states: "Representatives and direct Taxes shall be apportioned among the several States... according to their respective Numbers... . The actual Enumeration shall be made within three years after the first meeting of the Congress of the United States, and within every subsequent Term of ten Years". This means that the census, which includes territories of the US, takes place every 10 years.

The census is conducted by the United States Census Bureau, and the data collected is used to determine the number of seats each state has in the House of Representatives. This process is known as apportionment. Apportionment is the original legal purpose of the decennial census, as intended by the Founding Fathers.

The first US census was carried out in 1790 under Secretary of State Thomas Jefferson, during the first term of the first president, George Washington. The population was 3,929,625, and Congress used the results to apportion 105 seats across 15 states.

The most recent census took place in 2020, and the next is scheduled for 2030. The COVID-19 pandemic made collecting census results difficult, and the deadline was extended to October 31, 2020. The Supreme Court allowed the census to end early, and Trump instructed the Commerce Department to use estimates of undocumented immigrants and subtract their numbers from the totals.

There has been controversy over what constitutes an "actual enumeration", with Democrats arguing for modern sampling techniques to achieve more accurate results, and Republicans stating that the Constitution requires an "actual enumeration".

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The data is used to apportion House seats

The US Constitution does have a census rule, as mandated by Article I, Section 2, and it takes place every 10 years. The census counts every resident in the United States, and the data is used to apportion House seats. This process is called "apportionment".

Apportionment is the process of dividing the 435 memberships, or seats, in the US House of Representatives among the 50 states, based on the state population counts that result from each decennial census. Each state is constitutionally guaranteed at least one seat in the House, regardless of population. The number of electors of any state equals the size of its total congressional delegation (House and Senate seats).

The apportionment results from the 2020 Census were the first data published, and those results determined the amount of political representation each state would have in Congress for the next 10 years. The data is used to ensure that each state has national representatives in government, with each state's share determined by its total population.

The Huntington-Hill method of equal proportions has been used to distribute the seats among the states since the 1940 census reapportionment. This method minimizes the percentage differences in the number of people per representative among the different states.

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The census has been controversial

The US Constitution does have a census rule, as mandated by Article I, Section 2, which states that a census must be carried out every 10 years. The census has been controversial, with several issues arising over the years.

Firstly, there has been debate over the accuracy of the census and whether everyone is counted. In 1990, the census missed approximately eight million people, mostly minorities, immigrants, and city dwellers, while counting four million affluent whites twice. While the 2000 census improved with only three million people missed, there were still concerns about undercounting, particularly among Black and Hispanic populations.

Secondly, the inclusion of certain groups in the census has been controversial. Historically, there were disputes over whether to count enslaved or indigenous people and how to count them. More recently, there has been debate over the inclusion of unauthorized citizens and the potential impact on House reapportionment. For example, excluding undocumented immigrants from the census could result in California losing two seats in the House, while Alabama, Minnesota, and Ohio would each gain a seat.

Another controversy surrounds the addition of a citizenship question to the census. The Trump administration's efforts to include this question have been met with fierce public debate, inter-party feuding, and Supreme Court litigation. There are concerns that including such a question could violate the privacy of citizens and affect the accuracy of the census, especially among immigrant populations.

Furthermore, the use of sampling to adjust census figures has been a subject of controversy. While some argue that sampling can help correct for undercounts and improve the accuracy of the census, others, including the Supreme Court, have ruled that sampling-adjusted figures cannot be used to apportion seats in Congress.

Finally, the cost of conducting the census has also been a point of contention. The census has become increasingly expensive over the years, with the 2020 census expected to cost $15.6 billion. Despite this, Congress has been reluctant to provide the necessary funds, leading to concerns about the Bureau's ability to conduct an accurate and comprehensive count.

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Frequently asked questions

Yes. The US census is mandated by Article I, Section 2 of the US Constitution.

The US census takes place every 10 years.

The original legal purpose of the US census is apportionment—the process of dividing the seats in the House of Representatives among the 50 states based on population figures.

The first US census was in 1790 during the first term of President George Washington. The population was 3,929,625, and Congress used these results to apportion 105 seats among 15 states.

There have been controversies surrounding the inclusion of a citizenship question on the census questionnaire, as well as the practice of counting prisoners as residents of prisons rather than their pre-incarceration addresses, which has led to debates about racial demographics and population numbers.

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