Malcolm Rivera
The United States Constitution mandates that a census be taken every 10 years. The census is conducted by the United States Census Bureau and includes territories of the United States. The data collected is used for apportionment, dividing the seats in the House of Representatives among the 50 states based on population figures. The census has evolved from primarily being used to tax or conscript youth into military service to a tool for political empowerment. While the census has faced controversy over questions of citizenship, the Supreme Court has ruled that it does not violate the Fourth Amendment.
| Characteristics | Values |
|---|---|
| Frequency | Every 10 years |
| Date | April 1 |
| Purpose | Apportionment of seats in the House of Representatives among the 50 states |
| Legal Basis | Article I, Section 2 of the United States Constitution |
| Subjects/Questions | Not specified in Title 13, U.S. Code |
| Notification to Congress | Census Bureau to notify Congress of general census subjects 3 years before and actual questions 2 years before |
| Enumeration | Should count every resident, including non-citizens and undocumented immigrants |
| Constitutionality | Does not violate the Fourth Amendment; does not violate citizens' right to privacy or speech |
| Data Collection | Traditional procedures and special procedures for those without conventional housing |
| Data Accuracy | Raw statistical under-count is not legally or constitutionally significant; modern sampling techniques can improve accuracy |
| Nonresponse Rate | Less than 1% in recent censuses, but expected to be higher for 2020 census due to COVID-19 pandemic |
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What You'll Learn
The Census Act and Administrative Procedure Act
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 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.
Section 2 of 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 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. The Census Bureau uses special procedures to ensure that those without conventional housing are counted.
The modern US Census Bureau has been shaped by two pieces of twentieth-century legislation: the 1902 legislation that made the Census Office a permanent agency, and the 1954 legislation that combined the existing laws governing the Census Bureau's statistical programs and codified them in Title 13. Title 13 is the section of the US Code that governs Census Bureau activities to this day.
The Administrative Procedure Act (APA) governs the process by which federal agencies develop and issue regulations. It includes requirements for publishing notices of proposed and final rulemaking in the Federal Register and provides opportunities for the public to comment. The APA requires most rules to have a 30-day delayed effective date. In addition to setting forth rulemaking procedures, the APA addresses other agency actions such as the issuance of policy statements, licenses, and permits. It also provides standards for judicial review if a person has been adversely affected or aggrieved by an agency action.
The APA creates a framework for regulating agencies and their roles, requiring agencies to keep the public informed of their organization, procedures, and rules. It provides for public participation in the rulemaking process and establishes uniform standards for the conduct of formal rulemaking and adjudication. The APA's provisions apply to many federal governmental institutions and agencies.
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The Fourth Amendment
The amendment was established in response to the danger presented by general warrants, which allowed officers to search suspected places and seize persons without evidence of a committed fact. The Virginia Declaration of Rights (1776) and Article XIV of the Massachusetts Declaration of Rights (1780) also informed the Fourth Amendment, adding the requirement that all searches must be "reasonable".
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Enumeration Clause
Article I, Section 2, Clause 3, also known as the Enumeration Clause or the Census Clause, is a provision in the United States Constitution that mandates the federal government to conduct an enumeration of the population every 10 years. This data is used to determine the number of seats each state is allocated in the House of Representatives, with the clause stating 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 Enumeration Clause reflects several important constitutional determinations. Firstly, it establishes that the comparative state political power in the House of Representatives is based on population size, rather than comparative wealth. Secondly, it ensures that this comparative power is adjusted every 10 years to reflect changes in population size. Thirdly, it affirms that federal tax authority is based on the same population data. Lastly, it grants Congress the authority to determine the manner in which the census is conducted, rather than leaving this decision to the states.
The Enumeration Clause has been the subject of various court cases, including Department of Commerce v. New York, where Chief Justice John Roberts considered whether the decision to ask a citizenship question on the census questionnaire violated the clause. The Court held that the Clause gives Congress broad authority to conduct the census and that demographic questions have been asked since 1790, setting a precedent that allows for broader information-gathering purposes.
In another case, Wisconsin v. City of New York, the Court upheld the decision of the Secretary of Commerce not to conduct a post-enumeration survey for the 1990 Census, stating that it was reasonable and within the bounds of discretion conferred by the Constitution. The Court also recognised that imputation was permissible under certain conditions, including when "all efforts have been made to reach every household" and when "the alternative is to make a far less accurate assessment of the population".
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Equal representation
The US Constitution empowers Congress to carry out the census in "such manner as they shall by Law direct" (Article I, Section 2). The census is used to determine representation in Congress, with the number of seats in the House of Representatives apportioned among the 50 states based on state population counts. This apportionment is the original legal purpose of the decennial census and is carried out every 10 years.
The Constitution's census clause (Article I, Section 2, Clause 3) allows for more than just a headcount of the population. The Supreme Court, as early as 1870, affirmed the power of Congress to collect statistics in the census. However, the inclusion of certain questions beyond a simple count has been controversial. For example, the addition of a citizenship question on the decennial census has been proposed in H.R. 7109, also known as the ""Equal Representation Act". This bill would require the Census Bureau to ask about citizenship and immigration status, narrowing the 14th Amendment's requirement to apportion House seats based on the number of "persons" to include only US citizens.
This proposed bill has been deemed by both Republican and Democratic administrations to undermine the accuracy of the census and violate the Constitution's equal representation clause. It is argued that asking about immigration status would result in undercounts of citizens, particularly in mixed-status households, and would create fear and decrease response rates in immigrant communities. Furthermore, a 2010 Congressional Research Service report and a 2016 Supreme Court ruling (Evenwel v. Abbott) support the interpretation that the 14th Amendment requires representatives to serve all residents, regardless of citizenship status, thus confirming a total-population basis for representational equality.
The US Constitution, in Article I, outlines the structure and powers of Congress, including the requirement for representatives to be chosen every second year by the people of the states. It also mentions the apportionment of representatives and direct taxes among the states according to their respective numbers, which is further elaborated upon in the 14th Amendment. The Constitution, therefore, provides the legal basis for equal representation through the census and the apportionment of congressional seats.
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Citizenship status
The US Constitution empowers Congress to carry out a census every 10 years, counting every person living in the US, including citizens and non-citizens. This count is used to determine representation in Congress, with the number of seats in the House of Representatives apportioned based on state population. The census is the federal government's first express responsibility, driving questions about representation and funding.
The Fourteenth Amendment's Citizenship Clause provides the basic rule for acquiring US citizenship. It states that all persons born or naturalized in the US and subject to its jurisdiction are citizens, regardless of their parents' immigration status. This amendment also confers state citizenship on national citizens residing in a state. It does not, however, address the rights that come with citizenship.
The inclusion of citizenship questions in the census has been a subject of controversy. In 2018, the federal government announced that the 2020 Census would include a citizenship question, prompting concerns that this would discourage responses, particularly from non-citizens and Hispanics, and lead to an undercount. The Supreme Court did not bar the government from asking about citizenship but ordered a reconsideration, deeming the given reason "contrived". Ultimately, the Trump Administration decided against including a citizenship question in the 2020 Census, citing the potential impact on political power in future elections.
The Census Bureau has acknowledged that adding a citizenship question could impair the accuracy of the population count, as non-citizens may be reluctant to disclose their status. This was evident in a 2017 study, where researchers found that adding a "difficult" or "objectionable" question to a survey could significantly impact response rates.
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Frequently asked questions
The original legal purpose of the decennial census is apportionment, or dividing the seats in the House of Representatives among the 50 states based on the population figures collected during the census.
The US Constitution mandates that an apportionment of representatives among the states must be carried out every 10 years. The Constitution of the United States, Article I, Sections 2 and 9, directs that a census or enumeration be taken. Section 2 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, in such a manner as they shall by law direct."
The census should count every resident, including non-citizens who live in the country, whether or not they entered legally. However, there is always a final count that falls below the actual total number of people living in the country at the time the census is taken.
