Isabella Carter
The Enumeration Clause, also known as the Census Clause, is a clause in Article 1, Section 2 of the US Constitution. It requires a count of the population in each state every ten years to determine how many members of Congress (the members of the US House of Representatives) each state may elect. The Enumeration Clause has been the subject of controversy and interpretation, with some arguing that it grants the government broad powers to collect demographic information, while others debate the inclusion of non-citizens in the count. The clause has also been criticised for its historical racism, as it originally counted African Americans as three-fifths of a person.
| Characteristics | Values |
|---|---|
| Purpose | Apportioning representatives in the House of Representatives |
| Frequency | Every 10 years |
| Timing | First census to be conducted within 3 years of the creation of Article 1, Section 2 of the Constitution |
| Scope | Includes all individuals, regardless of immigration or citizenship status |
| Methodology | Determined by Congress |
| Number of Representatives | Not exceed one for every 30,000 people, with each state having at least one representative |
| Powers | Gives Congress broad authority in conducting the census, including asking about citizenship |
Explore related products
What You'll Learn
- The Enumeration Clause, also known as the Census Clause, is found in Article 1, Section 2 of the US Constitution
- The Clause requires a count of the population in each state every 10 years
- The Clause determines how many members of Congress each state may elect
- The Clause states that the number of representatives shall not exceed one for every 30,000 people
- The Enumeration Clause permits Congress to inquire about citizenship on the census questionnaire
The Enumeration Clause, also known as the Census Clause, is found in Article 1, Section 2 of the US Constitution
The Clause states that representatives shall be apportioned among the states according to their respective numbers. This means that the number of members of Congress, or the House of Representatives, that each state may elect is based on its population. Each state must have at least one representative, and the number of representatives should not exceed one for every thirty thousand people.
The Enumeration Clause also addresses the issue of who counts towards the population. Initially, an African American was only counted as three-fifths of a person, while only free people (whites) were counted as whole persons. This was changed with the creation of Section 2 of the Fourteenth Amendment to the Constitution.
The Clause gives Congress broad authority in conducting the census and determining the methodology of the count. The specific language used, such as "individuals" instead of "citizens" or "residents", implies that every person living in the United States should be counted, regardless of their immigration or citizenship status. This has been a controversial aspect of the Clause, with some arguing that it provides an "unfair advantage" to elected officials representing states with large immigrant populations.
The Supreme Court has ruled that the Enumeration Clause allows Congress to use the census for broader information-gathering purposes, such as collecting demographic information. The Court has also upheld the practice of allocating overseas federal employees and military personnel to their states of last residence.
Understanding Country Residency Requirements
You may want to see also
The Clause requires a count of the population in each state every 10 years
The Enumeration Clause, also known as the Census Clause, is a clause in Article 1, Section 2 of the US Constitution. It requires a count of the population in each state every 10 years. This count is conducted through a census, which aims to count every individual in the United States, regardless of their immigration or citizenship status. The Enumeration Clause states that:
> "Representatives... shall be apportioned among 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, in such manner as they shall by law direct."
The Enumeration Clause reflects several important constitutional determinations. Firstly, it establishes that comparative state political power in the House of Representatives is based on population size, rather than comparative wealth. Secondly, it recognises that this comparative power should shift every 10 years to reflect population changes. Thirdly, it affirms that federal tax authority should be based on the same population data. Finally, it empowers Congress, not the states, to determine the methodology for conducting the census.
The Enumeration Clause grants Congress significant authority in conducting the census, including the ability to inquire about citizenship status. This authority has been interpreted to allow for the collection of demographic information and the use of estimation methods, such as "hot deck imputation," to fill in missing data. However, there are controversies surrounding the Enumeration Clause, particularly regarding the inclusion and representation of immigrant and DACA/Dreamer populations, as well as historical issues like the Three-Fifths Compromise, which has since been resolved with the creation of Section 2 of the Fourteenth Amendment.
Article 5: Powers and Potential of Amendments
You may want to see also
The Clause determines how many members of Congress each state may elect
The Enumeration Clause, also known as the Census Clause, is a provision in Article 1, Section 2 of the US Constitution. It requires a count of the population in each state every ten years, a census, to determine how many members of Congress (the House of Representatives) each state may elect. This is based on the population of that state.
The Clause states that "Representatives...shall be apportioned among several states...according to their respective numbers... the actual enumeration shall be made within three years and the first meeting of the Congress of the United States of America, and within every subsequent term of ten years in such manner as they shall by law direct." This means that the US conducts a census every 10 years, and the first census was to be conducted within three years of the creation of the article.
The Clause gives Congress broad authority over the methodology of the count, with the word “actual” merely referring to a deliberate count, as opposed to the conjectural approach used for the First Congress. The number of representatives should not exceed one for every thirty thousand people, and each state should have at least one representative.
The Enumeration Clause has been the subject of several court cases, including Utah v. Evans, where the Court upheld the use of "hot deck imputation" to fill in missing data and Wisconsin v. City of New York, where the Court upheld the decision not to conduct a post-enumeration survey for the 1990 Census. The Clause has also been interpreted to allow Congress to inquire about citizenship on the census questionnaire, as seen in Trump v. New York.
The Enumeration Clause is significant as it reflects several important constitutional determinations, including that comparative state political power in the House reflects comparative population, not wealth, and that federal tax authority is based on population.
The Constitution's Elastic Clause: Explained
You may want to see also
Explore related products
The Clause states that the number of representatives shall not exceed one for every 30,000 people
The Enumeration Clause, also known as the Census Clause, is a clause in Article 1, Section 2 of the US Constitution. It requires a count of the population in each state every ten years for the purpose of apportioning representatives. The Clause states that "Representatives... shall be apportioned among 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, in such manner as they shall by law direct."
The Clause further states that "the Number of Representatives shall not exceed one for every thirty thousand, but each State shall have at least one Representative." This means that each state is guaranteed at least one representative in the House of Representatives, regardless of its population size. At the time of the first census, New Hampshire was entitled to choose three representatives, while Rhode Island and Providence Plantations, Delaware, and several other states were each assigned one representative.
The Enumeration Clause reflects several important constitutional determinations. Firstly, it establishes that comparative state political power in the House would reflect comparative population, not comparative wealth. Secondly, it ensures that this comparative power would shift every ten years to reflect population changes. Thirdly, it determines that federal tax authority would rest upon the same base. Finally, it grants Congress, not the states, the authority to determine the manner of conducting the census.
The specific wording of the Enumeration Clause, particularly the use of the phrase "actual enumeration," has been the subject of interpretation and debate. Some argue that it requires an actual count of the population, while others contend that it allows for estimations. The Court's decision in Utah v. Evans suggested that the Framers intended for the Clause to require a count, not an estimation, and that it imposes some formal requirements on the process rather than granting unlimited power to Congress to manipulate methodology.
The Enumeration Clause has also been a source of controversy regarding the inclusion of citizenship questions on the census questionnaire. In 2019, the US Supreme Court ruled in Department of Commerce v. New York that the Clause affords Congress broad authority in conducting the census, including inquiring about citizenship. However, the Court invalidated the inclusion of the citizenship question on procedural grounds, as the Secretary violated the Administrative Procedure Act by failing to disclose the actual reason for adding the question.
The Social Contract: US Constitution's Core Principle
You may want to see also
The Enumeration Clause permits Congress to inquire about citizenship on the census questionnaire
The Enumeration Clause, also known as the Census Clause, is a provision in Article 1, Section 2 of the US Constitution. It requires a count of the population in each state every ten years to determine how many members of Congress (or the House of Representatives) each state may elect. This count is known as the census, and the first one was required to be conducted within three years of the creation of the article, with subsequent censuses taking place every ten years.
The Enumeration Clause gives Congress broad authority over the census process, including the manner in which the count is conducted. The word “actual” in the clause refers to a deliberate count rather than a conjectural approach. While the clause does not specify the methodological details of the count, it grants Congress discretion in determining the methodology. The Supreme Court has upheld this broad interpretation, ruling in Department of Commerce v. New York that the Enumeration Clause affords Congress virtually limitless authority in conducting the census.
The Enumeration Clause has been the subject of controversy, particularly around the issue of citizenship. The clause specifies who counts toward the population, initially including free persons, those bound to service for a term of years, and excluding untaxed Indigenous people and slaves, who were counted as three-fifths of a person. This has been amended over time, and the current interpretation includes all individuals regardless of immigration or citizenship status.
In recent years, there has been debate over whether the census can inquire about citizenship. The Supreme Court ruled that the Enumeration Clause permits Congress to ask about citizenship on the census questionnaire, citing historical precedent and the broad authority granted to Congress in conducting the census. However, in the same ruling, the Court invalidated the inclusion of the citizenship question on procedural grounds, as the reason for adding the question was not properly disclosed.
In summary, the Enumeration Clause permits Congress to inquire about citizenship on the census questionnaire due to its broad authority over the census process and the historical interpretation of the clause. However, the specific implementation of this authority is subject to procedural requirements and judicial review.
Congress' Powers: Understanding the US Constitution's Main Provisions
You may want to see also
Frequently asked questions
The Enumeration Clause is a clause in Article 1, Section 2 of the US Constitution, also referred to as the Census Clause.
The Enumeration Clause requires a count of the population in each state every ten years to determine how many members of Congress (the members of the United States House of Representatives) each state may elect.
The Enumeration Clause determines that a state's political power in the House of Representatives reflects its population, not its wealth.
The Enumeration Clause requires that a census be conducted every ten years. The first census was required to be conducted within three years of the creation of the article.
The Enumeration Clause has been a source of controversy due to its interpretation of who counts towards the population. Initially, an African American was counted as 3/5 of a person, and only free people (whites) were counted as whole persons. This was changed with the creation of Section 2 of the Fourteenth Amendment. There is also debate about whether each person needs to be counted or if estimations are permissible.
