Malcolm Rivera
The United States Constitution, Article 1, Section 1, outlines the requirement of a census, with the first census after the American Revolution taking place in 1790. The census, which takes place every ten years, is a count of the entire population for the purpose of legislative representation. The Enumeration Clause or Census Clause (Article I, Section 2, Clause 3) reflects several constitutional determinations, including that comparative state political power in the House reflects comparative population, that federal tax authority rests on the same base, and that Congress determines the manner of conducting the census. The language in the Constitution has been interpreted and challenged over the years, with the Supreme Court affirming the authority of Congress to collect statistics in the census.
| Characteristics | Values |
|---|---|
| Frequency | Every 10 years |
| Purpose | Legislative representation, apportionment of representatives among states, federal tax authority |
| Subjects | Not specified in Title 13, U.S. Code |
| Questions | To be notified to Congress 2 years in advance |
| Constitutional Basis | Article I, Section 2, Clause 3 (Enumeration Clause or Census Clause) |
| Legal Status | Does not violate the Fourth Amendment |
| Scope | Includes citizens, non-citizen legal residents, non-citizen long-term visitors, undocumented immigrants |
| Challenges | Inaccuracy, non-response, political interference |
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What You'll Learn
The Census Act and Administrative Procedure Act
The Census Act and the Administrative Procedure Act are two distinct pieces of legislation that play important roles in the conduct of the census and the functioning of federal agencies in the United States.
The Census Act:
The Census Act is a critical piece of legislation that governs the conduct of the census, a count of the entire population undertaken every 10 years as mandated by Article I, Section 2 of the U.S. Constitution. The census has been a part of American history since 1790, and its purpose extends beyond a simple headcount to include the collection of statistics necessary for intelligent governance. While the Constitution does not specify the subjects or questions included in the census, it requires the Census Bureau to notify Congress of the general census subjects and specific questions in advance.
The Census Act has undergone major revisions over time. In 1954, Congress codified earlier census acts and statutes into Title 13 of the U.S. Code, which continues to govern Census Bureau activities today. Title 13 provides authority for the Census Bureau's work and strong protections for the information collected from individuals and businesses. It ensures that private information remains confidential and cannot be used against respondents by any government agency or court.
The Administrative Procedure Act (APA):
The Administrative Procedure Act (APA) serves a different purpose, focusing on regulating federal agencies and their roles. Enacted in 1946, the APA aims to provide constitutional safeguards and prevent unchecked authority in the government. It applies to numerous federal governmental institutions and agencies, ensuring they keep the public informed, facilitate public participation in rulemaking, and establish uniform standards for formal rulemaking and adjudication.
The APA organizes federal administrative action into two parts: adjudication (formal and informal) and rulemaking. Formal adjudication involves trial-like hearings, while informal adjudication relies on inspections, conferences, and negotiations. Rulemaking results in agency rules and regulations, and the APA emphasizes the need for well-defined uniform standards in these processes.
In summary, the Census Act provides the legal framework for conducting the census, while the Administrative Procedure Act focuses on regulating federal agencies and ensuring transparency, public participation, and uniform standards in their operations.
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The Fourth Amendment
The census, which is mandated by Article I, Section 2 of the Constitution, has been the subject of legal debates over the years, including discussions about its constitutionality and the authority of the government to collect certain data. However, the census has been deemed constitutional and not in violation of the Fourth Amendment. The District Court in Morales v. Daley (2000) ruled that the census and its questions did not violate the Fourth Amendment or the right to privacy or speech.
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Article I, Section 2, Clause 3
The text of Article I, Section 2 states: "Representatives and direct Taxes shall be apportioned among the several States..." This clause establishes the legal basis for the decennial census, with the purpose of ensuring fair representation in the US House of Representatives. Each state's share of representatives is determined based on its total population.
The Census Clause has been interpreted to allow Congress to include questions beyond a simple headcount. In 1870, the Supreme Court affirmed the power of Congress to collect statistics in the census. Additionally, in 1901, a District Court clarified that the Census Clause "does not prohibit the gathering of other statistics if 'necessary and proper' for the intelligent exercise of other powers enumerated in the Constitution."
The Census Act, which governs the decennial census process, has been a subject of debate in recent years, particularly regarding the inclusion of a question about citizenship. The Supreme Court has been involved in deciding whether adding such a question violates the Enumeration Clause of Article I, Section 2. This controversy highlights the ongoing discussions surrounding the interpretation and implementation of Article I, Section 2, Clause 3 of the US Constitution.
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Citizenship status
The US Constitution requires a headcount of every person living in the country every 10 years, regardless of citizenship status, age, immigration status, or type of residency. The census count determines political and legislative representation and how federal funding is distributed to states and cities.
The census is conducted to ensure that each state has national representatives in the government, with each state's share determined by its population. This is known as apportionment, which is the process of dividing the 435 memberships, or seats, in the US House of Representatives among the 50 states based on state population counts.
The US Constitution empowers Congress to carry out the census in "such manner as they shall by Law direct" (Article I, Section 2). While the Constitution does not specifically mention citizenship status, there has been controversy over whether it is constitutional to ask about citizenship in the census. In 2018, the federal government announced that it would ask every person in the country about their citizenship status on the 2020 Census, sparking immediate controversy. Some argued that including a citizenship question would result in discrimination based on ethnic identity and race bias. The Supreme Court reviewed the case to determine whether adding an inquiry about citizenship violated the "Enumeration Clause" of Article I, Section 2.
Historically, the census has been understood to count every citizen and resident of the country, including non-citizens and undocumented immigrants. The presence of a citizenship question could impact response rates and accuracy, particularly among communities of color and undocumented immigrants. The constitutional mandate to count each individual in the country has evolved over time, reflecting the country's changing demographics and social justice movements.
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Enumeration
The US Constitution, in Article 1, Section 2, Clause 3, contains what is known as the Enumeration Clause or Census Clause. This clause mandates a population count or enumeration of the entire population every ten years, beginning in 1790. This enumeration is for the purpose of legislative representation and federal tax authority. The specific language of the Enumeration Clause 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 Fourteenth Amendment, Section 2, amended this clause to include that the "respective Numbers" of the "several States" will be determined by "counting the whole number of persons in each State".
The Enumeration Clause has been interpreted by the Supreme Court as giving Congress the authority to collect statistics in the census beyond a simple headcount. In the United States v. Moriarity (1901) case, the Court ruled that the clause "does not prohibit the gathering of other statistics, if 'necessary and proper,' for the intelligent exercise of other powers". This decision has been reaffirmed in subsequent cases, such as Morales v. Daley (2000), where the court ruled that the census and its questions did not violate the Fourth Amendment or other constitutional provisions.
The Enumeration Clause has also been at the centre of controversies over the years, such as the debate over whether the census should count every citizen or every resident, including non-citizens. The Trump Administration, for instance, urged the Supreme Court to review whether adding a question about citizenship to the 2020 census violated the Enumeration Clause. The COVID-19 pandemic also impacted the collection of census results, with the Supreme Court allowing the Census Bureau to end data collection early despite incomplete data.
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Frequently asked questions
Article I, Section 2, Clause 3, also known as the Enumeration Clause or Census Clause, mandates a population count in the country every 10 years.
The census is conducted to ensure that the apportionment of representatives among the states is carried out every 10 years.
The Enumeration Clause reflects several important constitutional determinations, including that comparative state political power in the House would reflect comparative population, not comparative wealth.
The census must include Spanish language questionnaires, bilingual enumerators, and other methods to ensure the needs and concerns of the Spanish-origin population are met.
Yes, the census can include questions beyond a simple count of the population. The Supreme Court has upheld the inclusion of a question about citizenship status on the census.
