Eleanor Finch
The US Constitution, Article I, Sections 2 and 9, directs that a census or enumeration be taken every 10 years. The original legal purpose of the decennial census is to apportion representatives among the states. The number of seats in the House of Representatives is divided among the 50 states based on the population figures collected during the census. The census counts every resident in the United States, including citizens, non-citizen legal residents, non-citizen long-term visitors, and undocumented immigrants. The inclusion of questions in the census beyond a simple headcount has been deemed constitutional, as the Constitution gives Congress the authority to collect statistics.
| Characteristics | Values |
|---|---|
| Purpose | Apportionment of representatives among the states |
| Frequency | Every 10 years |
| Subjects | Not specified |
| Questions | To be notified to Congress 2 years in advance |
| Participants | Citizens, non-citizen legal residents, non-citizen long-term visitors, undocumented immigrants |
| Basis of counting | Usual residence |
| Enumeration | Should be as accurate as possible |
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What You'll Learn
The census must be carried out every 10 years
The US Constitution, specifically Article I, Sections 2 and 9, directs that a census be carried out every 10 years. This is codified in Title 13, US Code. The census is a key tool for political empowerment, allowing the government to determine the apportionment of representatives among the states.
The decennial census has a long history in the US, with the first taking place in 1790, led by Secretary of State Thomas Jefferson. The census count includes citizens, non-citizen legal residents, long-term non-citizen visitors, and undocumented immigrants. The Census Act of 1790 established the principle of ''usual residence,' which defines where a person lives and sleeps most of the time.
The Constitution mandates that an apportionment of representatives be carried out following each census. This apportionment is based on state population counts, with the number of seats in the House of Representatives divided among the 50 states accordingly. The census also helps the government decide how to distribute funds and assistance to states and local communities, and it is used to draw legislative district lines.
The Constitution gives Congress the authority to collect statistics beyond a simple headcount. This was affirmed by the Supreme Court as early as 1870, and again in 1901 by a District Court. The Census Bureau must notify Congress of the planned subjects for the census three years in advance and of the specific questions two years in advance.
The decennial census is a complex and vast undertaking, and Congress is committed to providing the necessary funding to ensure an accurate count, particularly for historically undercounted communities.
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Apportionment of representatives among states
The US Constitution, specifically Article I, Section 2, mandates that an apportionment of representatives among the states must be carried out every 10 years. This apportionment is based on the state population counts that result from each decennial census. The Constitution states that "Representatives and direct taxes shall be apportioned among the several States which may be included within this union, according to their respective numbers".
The apportionment process involves dividing the 435 seats in the US House of Representatives among the 50 states based on population figures. This number of seats has increased over time as the country has grown, with Congress setting the number in law.
The inclusion of all individuals in the census, regardless of citizenship or immigration status, is essential for accurate apportionment. The Fourteenth Amendment of the US Constitution and federal laws require that the apportionment base include all persons whose usual place of residence is in a particular state, regardless of their legal status. This is to ensure equal representation for all residents.
The Census Act, which governs the decennial census, and the issue of whether it permits inquiries about citizenship, has been a subject of debate in the Supreme Court. The Trump Administration sought to add a citizenship question to the 2020 census, arguing it had the authority to do so based on the Constitution and past legal precedent. However, this move was challenged in court, with opponents arguing that it would lead to an undercount of certain populations and affect representation and funding.
The Supreme Court case Department of Commerce v. New York found the rationale for adding the citizenship question to be arbitrary and capricious, and the question was ultimately dropped from the census form. The court's decision centred on the potential impact on accurate representation and funding rather than directly on the constitutionality of the question.
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Enumeration of all citizens and residents
The US Constitution, specifically Article I, Section 2, mandates that a census or enumeration be taken every 10 years. This is codified in Title 13, U.S. Code, which requires the Census Bureau to notify Congress of the planned subjects for the census no later than three years before it takes place and of the specific questions to be asked no later than two years in advance.
The census counts every resident in the United States, including citizens, non-citizen legal residents, non-citizen 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 Census Bureau uses special procedures to ensure that those without conventional housing are counted, although data from these operations are not as accurate as data obtained from traditional procedures.
The original legal purpose of the decennial census was apportionment—the process of dividing the seats in the US House of Representatives among the 50 states based on population figures. This is carried out to ensure equal representation and respect, as enshrined in the Constitution and laws.
There has been significant debate over what constitutes an 'actual enumeration', with some arguing that modern sampling techniques should be used to obtain more accurate and complete data, while others argue that the Constitution requires an actual count of all individuals, including citizens and non-citizens. The Supreme Court has ruled that responses to census questions do not violate a citizen's right to privacy or speech, and that the degree of intrusion on individual privacy is limited due to the methods used to collect data and the assurance of confidentiality.
The inclusion of questions beyond a simple headcount has been upheld by the courts, with the Constitution giving Congress the authority to collect statistics in the census. The specific questions to be asked are decided by the Census Bureau, and there has been controversy over the inclusion of questions related to immigration status, with some arguing that this would lead to an undercount of certain populations.
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Census questions beyond a simple headcount
The US Constitution, specifically Article I, Sections 2 and 9, directs that a census or enumeration be taken every 10 years. The original legal purpose of the decennial census is to carry out an apportionment of representatives among the states. This apportionment is based on state population counts and the number of seats in the House of Representatives.
While the Constitution does not specify the subjects or questions to be included in the census, it does require the Census Bureau to notify Congress of the planned subjects and specific wording of questions in advance. The census questions go beyond a simple headcount and can include inquiries about socioeconomic and housing characteristics. For example, in 2020, there was a controversy over the inclusion of a question about immigration status, which some states and activists argued would lead to an undercounting of illegal immigrants and impact state representation and funding.
The Supreme Court case Department of Commerce v. New York found that the rationale for adding the immigration status question was arbitrary and capricious, and the department ultimately dropped the question. The court also ruled that the census and its questions did not violate the Fourth Amendment or an individual's right to privacy or speech.
The census aims to count every resident in the United States, including citizens, non-citizen legal residents, long-term visitors, and undocumented immigrants. The concept of usual residence is used to determine who should be counted, and the Census Bureau employs special procedures to count those without conventional housing.
The data collected from the census is used by various government agencies, analysts, economists, and researchers to inform decision-making, develop programs, and understand the changing characteristics of the population.
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Census acts and statutes
The US Constitution, in Article I, Section 2, mandates that a census be conducted every 10 years, a process known as apportionment. This involves dividing the 435 seats in the US House of Representatives among the 50 states based on population figures. The Constitution directs that "Representatives and direct taxes shall be apportioned among the several States which may be included within this union, according to their respective numbers."
The Census Act of 1790 established the principle of 'usual residence', which is defined as the place a person lives and sleeps most of the time. This concept is used by the Census Bureau to determine who should be counted in the census. The 1790 Act is part of the earlier census acts and statutes that were codified into law under Title 13, U.S. Code in 1954. Title 13 requires the Census Bureau to notify Congress of the planned subjects for the census no later than three years in advance and the specific questions to be asked no later than two years in advance.
The Constitution gives Congress the authority to collect statistics beyond a simple headcount, as affirmed by the Supreme Court in 1870 and a District Court in 1901. This flexibility ensures that the census serves its intended purpose of empowering citizens over their government.
The Fourteenth Amendment of the US Constitution and Section 2a(a) of Title 2, US Code, affirm that the apportionment base of each state following the decennial census must include all persons, regardless of their immigration status. This reflects the values of equal representation and respect embodied in the Constitution and laws. The inclusion of citizenship status in the census has been a subject of debate and legal challenges, with arguments centred on the "Enumeration Clause" of Article I, Section 2.
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Frequently asked questions
The US census is conducted to carry out an apportionment of representatives among the states every 10 years. This is the original legal purpose of the decennial census.
The US census counts every resident in the United States, including citizens, non-citizen legal residents, non-citizen long-term visitors, and undocumented immigrants.
Article I, Sections 2 and 9 of the US Constitution directs that a census or enumeration be taken. Section 2 states, "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, in such a manner as they shall by law direct."
