
The US Constitution empowers Congress to conduct a census every 10 years to determine the number of seats each state is allocated in the House of Representatives. This process, known as apportionment, is based on population counts and ensures that each state's political power in the House reflects its population size. The census also collects demographic, economic, and population data, which are critical for government decision-making, policies, and programs. The Supreme Court has affirmed the constitutionality of including questions beyond a simple headcount, allowing for the collection of additional statistics. The Enumeration Clause, or Article I, Section 2, Clause 3, guides the apportionment process, ensuring that political power is based on population rather than wealth and that federal tax authority aligns with this basis.
| Characteristics | Values |
|---|---|
| Purpose | Apportionment of representatives among the states |
| Frequency | Every 10 years |
| Number of seats | 435 |
| Minimum number of representatives per state | 1 |
| Data used for | Government programs, policies, and decision-making |
| Manner of conducting the census | Determined by Congress |
| Census questions | Beyond a simple headcount |
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What You'll Learn

The number of seats in the House of Representatives
The US Constitution empowers Congress to conduct the census and determine the manner of carrying it out. The Enumeration Clause, or Census Clause, in Article I, Section 2, Clause 3, outlines several important constitutional determinations regarding the apportionment of seats in the House of Representatives. Firstly, it establishes that comparative state political power in the House will reflect population size rather than wealth. Secondly, it specifies that this comparative power will shift every 10 years to account for population changes. Additionally, it affirms that federal tax authority will be based on the same population data used for apportionment.
The Fourteenth Amendment, Section 2, modified the original clause regarding the apportionment of representatives, stating that representatives shall be apportioned among the states according to their respective numbers, counting all persons in each state except untaxed Indigenous people. The Thirteenth Amendment, ratified on December 6, 1865, abolished slavery and further impacted the manner of apportionment by altering the method of counting individuals.
The Constitution guarantees each state a minimum of one member in the House of Representatives. The remaining 385 seats are then distributed among the states based on their population. The method for calculating apportionment has evolved over time, with the most recent approach, adopted by Congress in 1941, being the method of equal proportions. This method involves dividing the population of each state by the geometric mean of its current and next seats to determine a priority value.
The census data and apportionment calculations are critical for government programs, policies, and decision-making. They provide the basis for determining the amount of political representation each state will have in Congress for the next 10 years.
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Federal tax authority
Article I, Section 2, Clause 3 of the US Constitution, also known as the Enumeration Clause or Census Clause, outlines several constitutional determinations. One of these determinations is that federal tax authority is based on the same comparative population basis as political representation in the House of Representatives. This means that federal tax authority is determined by the state population counts that result from each decennial census.
The US Constitution empowers Congress to carry out the census in "such [a] manner as they shall by Law direct" (Article I, Section 2). The decennial census is the official process of counting the population in the United States, and it plays a crucial role in determining federal tax authority. The census aims to count every person living in the country, and the data collected is used to make informed decisions about federal tax policies and other governmental matters.
The Enumeration Clause reflects the principle that comparative state political power in the House of Representatives should be based on population rather than comparative wealth. This clause also stipulates that political power and federal tax authority should be adjusted every ten years to reflect changes in population. This ensures that federal tax policies are informed by the most up-to-date population data.
The census provides critical demographic, economic, and population data that is used by the US Census Bureau. This data is essential for government programs, policies, and decision-making, including federal tax policies. The census helps to determine the number of representatives apportioned to each state in the House of Representatives, which, in turn, influences federal tax authority.
The method of calculating apportionment has evolved over time. In the 20th and 21st centuries, the method of equal proportions has been used, which involves mathematically determining a priority listing of states. This method takes into account the population of each state and the geometric mean of its current and next seats to assign seats in the House of Representatives. The census data and apportionment calculations are delivered to the President, who then reports the apportionment population counts and the number of representatives for each state to the House of Representatives.
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Political power in the House
The US Constitution outlines the nation's foundational principles and establishes the federal government's structure and function. One critical aspect of this is determining political power in the House of Representatives, which is directly tied to population as per the Constitution.
Article I, Section 2 of the Constitution, also known as the Enumeration Clause or Census Clause, mandates that an apportionment of representatives among the states be carried out every 10 years based on population counts. This process, known as apportionment, divides the 435 memberships or seats in the House of Representatives among the 50 states. Each state is guaranteed at least one representative, with the remaining 385 seats apportioned based on population.
The Constitution empowers Congress to conduct the census and determine the manner of collecting statistics. The Supreme Court has affirmed this power, and census data is recognised as the best available indication of population levels. The Enumeration Clause reflects several important constitutional determinations regarding political power in the House:
- Comparative state political power in the House is based on population, not wealth.
- Political power shifts every 10 years to reflect population changes.
- Federal tax authority is based on the same population data.
- Congress, not the states, determines the census methodology.
The method for calculating apportionment has evolved over time, with the most recent approach being the method of equal proportions, which mathematically determines a priority listing of states. This method was adopted by Congress in 1941 and has been used in every census since. The Constitution, through the Enumeration Clause, ensures that political power in the House of Representatives is directly linked to population, providing a mechanism for adjusting representation as demographics change.
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Census methodology
The US Constitution empowers Congress to carry out a census in "such [a] manner as they shall by Law direct" (Article I, Section 2). The Constitution mandates that an apportionment of representatives among the states must be carried out every 10 years. This apportionment is based on state population counts from the decennial census.
The American Community Survey (ACS) is a monthly survey conducted by the US Census Bureau to collect detailed housing and socioeconomic data. The ACS includes people living in housing units and group quarters, and it provides timely statistics for the government to use in policy-making and decision-making. The ACS covers topics such as age, sex, race, Hispanic origin, housing, business, economy, education, employment, and health.
The US Census Bureau also conducts other surveys, including the American Housing Survey (AHS), Annual Business Survey (ABS), Annual Integrated Economic Survey (AIES), County Business Patterns (CBP), Current Population Survey (CPS), and Economic Census. These surveys provide comprehensive statistics about the nation, covering various topics such as population estimates, small-area income, and poverty statistics.
Methodology statements are provided to offer a detailed overview of the input data, methods, and processes used to produce the Population and Housing Unit Estimates. These statements ensure transparency and allow for the replication and evaluation of the census process.
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Accuracy of data
The accuracy of census data is of great interest constitutionally. The Karcher v. Daggett case of 1983 acknowledged that census data is the only reliable indication of population levels, despite its imperfections. This case also recognised that the census count is the "best population data available".
The US Constitution gives Congress the authority to collect statistics in the census. The Supreme Court has affirmed this power on numerous occasions, including as early as 1870. The Legal Tender Cases, Tex.1870; 12 Wall., U.S., 457, 536, 20 L.Ed. 287, are one such example.
In 1901, a District Court stated that the Constitution's census clause (Art. 1, Sec. 2, Clause 3) is not limited to a headcount of the population. It further clarified that the clause "does not prohibit the gathering of other statistics, if 'necessary and proper,' for the intelligent exercise of other powers enumerated in the constitution, and in such case there could be no objection to acquiring this information through the same machinery by which the population is enumerated." This case was United States v.
The accuracy of census data is critical for government programs, policies, and decision-making. The data is used to create comprehensive statistics about the nation, which are then utilised for these purposes.
The Constitution provides that each state will have a minimum of one member in the US House of Representatives. The apportionment calculation then divides the remaining seats among the 50 states. The method for calculating this apportionment has changed over time, with the most recent method being based on a mathematically determined priority listing of states. This method, adopted by Congress in 1941, is called the "method of equal proportions". It results in a listing of states according to a priority value, calculated by dividing the population of each state by the geometric mean of its current and next seats.
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Frequently asked questions
The census is conducted to count every person living in the country. It is carried out every 10 years, as mandated by Article I, Section 2 of the U.S. Constitution.
The census determines the apportionment of representatives among the states. This process involves dividing the 435 memberships, or seats, in the U.S. House of Representatives among the 50 states based on their population counts.
Article I, Section 2, Clause 3 of the U.S. Constitution, known as the Enumeration Clause or the Census Clause, provides the legal basis for the census. It reflects the constitutional determination that comparative state political power in the House should reflect population rather than wealth.
The apportionment of representatives is calculated every 10 years to reflect population changes, as mandated by the U.S. Constitution.
The courts have interpreted the Constitution as giving Congress the authority to collect statistics in the census beyond a simple headcount. This includes demographic, economic, and other statistical information.
























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