Jonah Patel
The US census is a population count mandated by Article I, Section 2 of the US Constitution, which states that a census must be carried out every 10 years to count all people, including citizens and noncitizens, living in the United States. 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 respective population sizes. The US Census Bureau, part of the Department of Commerce, is responsible for conducting the census, with the most recent one taking place in 2020. Census data is vital for fair political representation and is used to inform decision-making in various sectors, including government, business, and nonprofits.
| Characteristics | Values |
|---|---|
| Frequency | Every 10 years |
| Purpose | To count all people—both citizens and noncitizens—living in the United States |
| Legal Basis | Article I, Section 2 of the United States Constitution |
| Conducting Authority | United States Census Bureau |
| Data Collection Methods | Online, phone, paper questionnaire, in-person visits |
| Confidentiality | Protected by Title 13 of the U.S. Code |
| Participation | Mandatory, with possible fines for non-response |
| Data Uses | Apportionment of House seats, redistricting, allocation of federal funds, policy-making |
| Controversies | Inclusion of citizenship question, counting of prisoners, treatment of undocumented immigrants |
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What You'll Learn
The US Census counts citizens and non-citizens
The US Census is mandated by Article I, Section 2 of the United States Constitution, which states that a census must be carried out every ten years. The census counts citizens and non-citizens alike, including non-citizen legal residents, long-term visitors, and undocumented immigrants. This is based on the concept of “usual residence”, which is defined as the place a person lives and sleeps most of the time. The inclusion of non-citizens in the census count has been a subject of debate, with some arguing that only citizens should be counted for apportionment purposes.
The Constitution does not specify whether non-citizens must be included in the census for the purpose of apportioning House seats. However, the Census Bureau's decision to include non-citizens is based on the interpretation that the census should count everyone residing in the country, regardless of their citizenship or immigration status. This interpretation has been supported by court rulings, which have affirmed the authority of the Census Bureau to collect statistics and conduct enumeration in the census.
The 2020 census under the Trump administration sparked controversy due to policies on illegal immigration. There were attempts to add a citizenship question to the census, which had not been included since 1960. The administration argued that the effect of illegal immigration was significant and needed to be addressed. However, federal judges ruled that there was no valid reason for adding the question and that it could lead to an undercount by frightening occupants of households with non-citizen immigrants.
The inclusion of non-citizens in the census count has implications for representation in the House of Representatives and the distribution of federal funding. Critics argue that including non-citizens in the count leads to an inaccurate representation of racial demographics and population numbers, particularly in states with larger concentrations of non-citizens. Proponents of including non-citizens argue that it is necessary for an accurate count of the total population and for ensuring representation in government for each state.
The debate over the inclusion of non-citizens in the census highlights the complex nature of constitutional interpretation and the ongoing efforts to balance accuracy, inclusivity, and the rights of citizens and non-citizens in the United States.
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It takes place every 10 years
The United States Census is a census that is legally mandated by the Constitution of the United States. It takes place every 10 years and has done so since 1790, with the next census scheduled for 2030. This 10-year interval is referred to as "decennial".
The census is conducted by the United States Census Bureau, officially the Bureau of the Census, which is part of the United States Department of Commerce. The census includes territories of the United States and counts all people living in the country, including citizens and non-citizens. Foreign citizens are considered residents if they live and sleep most of the time at a US residence. The census also counts people without conventional housing, such as the homeless, and those living in group quarters like college dorms or nursing homes.
The census is used to reapportion seats in the US House of Representatives across the 50 states, ensuring fair political representation. This apportionment process is based on the population figures collected during the census and is carried out to meet the one-person, one-vote" rule. The census data is also used to determine the amount of federal funding that state governments and local communities receive for various programs, such as health, education, housing, and infrastructure.
The confidentiality of census records is protected by Title 13 of the US Code, which ensures that no individual can be identified from the data. While participation in the census is mandatory, with possible fines for non-compliance, no one has been prosecuted for failing to respond since the 1970 census.
The 2020 census was particularly challenging due to the COVID-19 pandemic, which caused delays in data collection. It also drew controversy under the Trump administration due to policies regarding illegal immigration and attempts to exclude undocumented immigrants from the totals.
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It is mandated by Article I, Section 2 of the US Constitution
The US Census is indeed mandated by the US Constitution, specifically Article I, Section 2, 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 US Constitution, therefore, mandates that an apportionment of representatives among the states must be carried out every 10 years. This was first carried out in 1790, and the most recent census took place in 2020. The next census is scheduled for 2030.
The US Census counts all people—both citizens and noncitizens—living in the United States. This includes legal permanent residents, foreign students in the US on student visas, foreign diplomats and embassy staff, and other foreign citizens residing in the US on Census Day. The Census Bureau bases its decision about whom to count on the concept of 'usual residence', defined as the place a person lives and sleeps most of the time.
The Census Act governs how the 10-year count works, and the Administrative Procedure Act governs court review of actions taken by federal agencies. The Enumeration Clause of Article I, Section 2, states that the number of seats in the House of Representatives must be divided among the states according to each state's total population. 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 US Supreme Court has affirmed the constitutionality of the census, stating that it is the "linchpin of the federal statistical system… collecting data on the characteristics of individuals, households, and housing units throughout the country".
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It determines apportionment of representatives among the states
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 census determines the apportionment of representatives among the states, ensuring that each state has a number of representatives that reflects its population.
The Fourteenth Amendment, Section 2, ratified in 1865, provided additional guidance on conducting the census and apportioning representatives. It amended Article I, Section 2 to include that the "respective Numbers" of each state would be determined by "counting the whole number of persons in each State, excluding Indians not taxed." This amendment aimed to ensure that each state's representation in the House of Representatives was based on its total population.
The census also determines the size of each state's representation in the US Electoral College. The number of electors for each state equals the size of its total congressional delegation (House and Senate seats). This further highlights the importance of the census in ensuring fair representation at the national level.
The apportionment of representatives among the states is a complex process that has evolved over time. The current method used is the equal proportions method, which aims to minimise the percentage differences in the number of people per representative across different states. Each of the 50 states is guaranteed at least one representative, and the remaining seats are allocated one by one to the state with the highest priority number, determined by the ratio of state population to the geometric mean of the number of seats it currently holds.
The debate over the interpretation of the "actual enumeration" clause and the inclusion of citizenship questions in the census has been a significant constitutional controversy. The Supreme Court has been pondering these questions, exploring whether the Census Act permits inquiries about citizenship. The Trump administration argued that including estimates of undocumented immigrants was within their authority and based on constitutional and legal grounds.
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It informs government policies and decision-making
The US Census is a powerful tool that provides valuable insights into the nation's demographics and plays a crucial role in shaping government policies and decision-making. It is a decennial occurrence, mandated by the US Constitution, specifically by Article I, Section 2, 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 data collected through the census is comprehensive and covers various aspects of the nation's population, including citizens, non-citizen legal residents, non-citizen long-term visitors, and undocumented immigrants. This information is critical for government decision-making, as it helps understand the characteristics of individuals, households, and housing units across the country.
One of the key ways the census informs policy is through its impact on political representation. The census data is used to reapportion seats in the US House of Representatives and define legislative districts. This ensures fair representation for all states, regardless of their size, as guaranteed by the Enumeration Clause.
Additionally, the census data is used to allocate federal funding to various programs, including Medicaid, Head Start, community mental health services, and the Supplemental Nutrition Assistance Program (SNAP). It also helps businesses make informed decisions about expansion, recruitment, and product offerings by providing insights into population trends and growth projections.
The US Census has evolved since its inception in 1790, with the Census Bureau now utilizing modern technologies to aid data collection. While there have been controversies and legal challenges surrounding certain aspects of the census, such as the inclusion of citizenship questions, the census remains a fundamental tool for empowering citizens and ensuring their representation in government.
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Frequently asked questions
Yes. The US Constitution mandates that a census be taken every 10 years to count all people—both citizens and noncitizens—living in the United States.
The census is used to apportion the number of seats each state has in the US House of Representatives. It also helps determine the amount of funding that state governments and local communities receive from the federal government for the next decade.
The US census collects information on citizens, non-citizen legal residents, non-citizen long-term visitors, and undocumented immigrants. It also includes territories of the United States.
