Isabella Carter
The US census, a decennial census that counts the country's entire population, is mandated by Article I, Section 2 of the US Constitution. The census is used to apportion representatives among the states and is the original legal purpose of the decennial census. 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 census has been challenged in the courts over the years, with debates surrounding the legal authority of the Census and the methodology of the count. The US government has committed to providing the funding required to accurately enumerate all individuals, with a particular focus on those who have historically been undercounted.
| Characteristics | Values |
|---|---|
| Constitutional Basis | Article I, Section 2 of the U.S. Constitution |
| Purpose | Apportionment of representatives among states and direct taxes |
| Frequency | Every 10 years (decennial census) |
| First Census | 1790 |
| Legal Challenges | Morales court case in 2000, Trump administration's policies in 2020 |
| Subjects and Questions | Not specified in Title 13, U.S. Code |
| Notification to Congress | General subjects: 3 years before; Actual questions: 2 years before |
| Enumeration | Includes citizens, non-citizen legal residents, long-term visitors, and undocumented immigrants |
| Accuracy | Modern sampling techniques vs. "actual enumeration" debated |
| Amendments | Section 2 of the Fourteenth Amendment amended Article I, Section 2 regarding "respective Numbers" |
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What You'll Learn
- The census is mandated by Article I, Section 2 of the US Constitution
- The census is used for apportionment of representatives among states based on population counts and regardless of immigration status
- The census occurs every 10 years
- The Fourteenth Amendment amended Article I, Section 2 to include counting all individuals in each state, excluding untaxed Native Americans
- The census has been challenged in the courts over issues of accuracy, privacy, and immigration status
The census is mandated by Article I, Section 2 of the US Constitution
The US 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.
This clause, known as the Enumeration Clause, requires an enumeration or count of the entire population to be carried out every 10 years for the purpose of legislative representation. The original legal purpose of the decennial census was to apportion representatives among the states, a process known as apportionment. This involves dividing the 435 memberships or seats in the US House of Representatives among the 50 states based on state population counts.
The Enumeration Clause has been interpreted by the courts as giving Congress the authority to collect statistics in the census. As early as 1870, the Supreme Court affirmed the power of Congress to require both an enumeration and the collection of statistics in the census. In 1901, a District Court ruled that the Enumeration Clause "does not prohibit the gathering of other statistics, if 'necessary and proper,' for the intelligent exercise of other powers enumerated in the Constitution".
Over the years, there have been debates and legal challenges regarding the authority of the government to collect certain data in the census and the accuracy of census data. The census has been amended to address these issues and to ensure that it reflects the changing demographics of the country. For example, the Fourteenth Amendment, ratified in 1865, 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 most recent national census took place in 2020, amid the COVID-19 pandemic, which made data collection challenging. The next census is scheduled for 2030, and the Census Bureau has been discussing the use of technology to aid data collection since 2013.
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The census is used for apportionment of representatives among states based on population counts and regardless of immigration status
The US Constitution, in Article I, Section 2, mandates that an apportionment of representatives among the states must be carried out every 10 years, a process known as "apportionment". This is based on the state population counts that result from each decennial census. The census is also used to collect taxes, with the number of representatives and the amount of taxes owed by each state being determined by its population.
The census counts all people with a "usual residence" in the US, including citizens, non-citizen legal residents, non-citizen long-term visitors, and undocumented immigrants. The Census Bureau uses special procedures to ensure that those without conventional housing are counted, and people are counted at their usual residence, defined as the place where they live and sleep most of the time. This includes people temporarily absent from their residence, such as federal employees and military personnel stationed overseas.
The US Constitution requires an "'actual enumeration' for apportionment of House seats, but the manner of conducting the census is determined by Congress, not the states. The Constitution does not specify which subjects or questions are to be included in the census, but it does require the Census Bureau to notify Congress of the general census subjects to be addressed three years in advance, and the specific questions two years in advance.
The census has been a subject of controversy and legal challenges, particularly regarding the counting of undocumented immigrants. In 2020, the Trump administration attempted to exclude undocumented immigrants from the census, but the Supreme Court ruled that the challengers to the presidential memorandum lacked standing and the case was not ripe for adjudication. Despite this, the Census Bureau has stated that it will deliver the apportionment population counts as close to the statutory deadline as possible, taking into account COVID-19-related delays in data collection and processing.
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The census occurs every 10 years
The US census is mandated by Article I, Section 2 of the United States 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 clause, known as the Enumeration Clause, specifies that a count of the entire population is to be undertaken for the purpose of legislative representation. The original legal purpose of the decennial census was to apportion representatives among the states. This 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.
The US Census Bureau is responsible for conducting the census, which includes territories of the United States. The census counts citizens, non-citizen legal residents, non-citizen long-term visitors, and undocumented immigrants. The Census Bureau bases its decision about whom to count on the concept of "usual residence", which is defined as the place a person lives and sleeps most of the time.
The Fourteenth Amendment amended Article I, Section 2 to include that the "respective Numbers" of the "several States" would be determined by "counting the whole number of persons in each State, excluding Indians not taxed."
The census has been challenged in the courts over the years, with some arguing that modern sampling techniques should be used to obtain more accurate and complete data. However, the Supreme Court has ruled that the census does not violate the Fourth Amendment and that responses to census questions do not violate a citizen's right to privacy or speech.
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The Fourteenth Amendment amended Article I, Section 2 to include counting all individuals in each state, excluding untaxed Native Americans
The Fourteenth Amendment to the US Constitution was passed by Congress on June 13, 1866, and ratified on July 9, 1868. It amended Article I, Section 2, which mandates that an apportionment of representatives among the states must be carried out every 10 years.
The Fourteenth Amendment changed a portion of 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. This amendment ensured that all individuals in each state, except untaxed Native Americans, would be counted in the census.
The original purpose of the decennial census, as mandated by Article I, Section 2, was to apportion representatives to the US House of Representatives among the states based on state population counts. This is known as the Enumeration Clause of Article I. The Fourteenth Amendment expanded on this by requiring the counting of all individuals in each state, excluding untaxed Native Americans, thereby changing how representation was apportioned.
The Fourteenth Amendment's impact on Article I, Section 2, was further shaped by the Thirteenth Amendment, which abolished slavery in 1865. After the abolition of slavery, Congress wrote Section 2 of the Fourteenth Amendment to reduce state representation based on the proportion of male citizens aged 21 and older who were denied voting rights. This amendment addressed the issue of voting rights for African Americans, as it tied representation to the protection of voting rights for male citizens.
The Fourteenth Amendment, therefore, played a crucial role in amending Article I, Section 2, of the US Constitution by expanding the census requirement to include counting all individuals in each state, excluding untaxed Native Americans, and by tying representation to the protection of voting rights for male citizens aged 21 and older.
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The census has been challenged in the courts over issues of accuracy, privacy, and immigration status
The census in the United States is a decennial census that is legally mandated by the US Constitution. Article I, Section 2 of the Constitution mandates that an apportionment of representatives among the states must be carried out every 10 years. This is the original legal purpose of the decennial census.
The Supreme Court blocked the Trump administration's attempt to add a citizenship question to the 2020 census, ruling that the Commerce Department's decision violated federal law. The Court agreed that the administration provided a false reason for adding the question. The citizenship question was predicted to cause almost 9 million people not to complete their census forms, particularly among immigrants and people of color.
The Census Bureau's request for citizenship data from state DMV records has also raised concerns about privacy and accuracy. Civil rights organizations and census experts argued that this would likely result in inaccurate data and could violate the rights of minorities and immigrants. The 2020 census was also the first to be conducted primarily online, raising concerns about cybersecurity and the digital divide.
Furthermore, the COVID-19 pandemic impacted the collection of census results in 2020, with the deadline being extended and then challenged in court. Trump issued a memo instructing the Commerce Department to use estimates of undocumented immigrants and subtract their numbers from the totals, which was again challenged in court.
Overall, the census in the US has faced legal challenges related to accuracy, privacy, and immigration status, with efforts made to ensure the protection of confidentiality and the inclusion of all residents.
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Frequently asked questions
Article I, Section 2 of the U.S. Constitution mandates that an apportionment of representatives among the states be carried out every 10 years. This is based on the state population counts that result from each decennial census.
The Fourteenth Amendment of the United States Constitution 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 original legal purpose of the decennial census is apportionment, which is the process of dividing the 435 memberships, or seats, in the U.S. House of Representatives among the 50 states based on state population counts.
The US census has been challenged in the courts over the years, with controversies surrounding the inclusion of undocumented immigrants, the counting of prisoners as residents of prisons, and the use of sampling techniques to achieve more accurate data.
