Eleanor Finch
The United States census is a census that is legally mandated by the US Constitution. It takes place every 10 years and counts every resident in the country, including citizens, non-citizen legal residents, non-citizen long-term visitors, and undocumented immigrants. The first census was conducted in 1790, and there have been 24 federal censuses since. The census is mandated by Article I, Section 2 of the Constitution, which states that an enumeration or count of the entire population should be conducted for the purpose of legislative representation. This section also specifies that Representatives and direct Taxes shall be apportioned among the several States...according to their respective Numbers.
| Characteristics | Values |
|---|---|
| Frequency | Every 10 years |
| Purpose | Legislative representation, apportionment of seats in the House of Representatives, and federal funding |
| Scope | Counts every resident in the US, including citizens, non-citizen legal residents, non-citizen long-term visitors, and undocumented immigrants |
| Authority | Article I, Section 2 of the US Constitution; Census Act of 1790 |
| History | Censuses were conducted in British colonies that became the US as early as the 17th century; the first US census was in 1790 |
| Controversy | Debate over whether the census should count everyone, including undocumented immigrants, and whether adding a question about citizenship violates the Enumeration Clause |
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What You'll Learn
The census is mandated by Article I, Section 2 of the US Constitution
The United States census is a census that is legally mandated by the US Constitution. It takes place every ten years and counts every resident in the United States, including citizens, non-citizen legal residents, non-citizen long-term visitors, and undocumented immigrants. The Census Bureau bases its decision on who to count on the concept of "usual residence", which is defined as the place a person lives and sleeps most of the time.
> 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.
This clause, known as the Enumeration Clause, requires that the number of seats in the House of Representatives be divided among the states according to their total population, with those figures determined by an "actual enumeration" or headcount. The first census after the American Revolution was conducted in 1790, and there have been 24 federal censuses since then. The most recent census took place in 2020, and the next is scheduled for 2030.
The content of the census has evolved over time to include inquiries on socioeconomic and housing characteristics, as well as social issues such as taxation, churches, pauperism, and crime. On several occasions, the courts have affirmed that the Constitution gives Congress the authority to collect statistics beyond a simple headcount in the census.
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The census takes place every 10 years
The United States census is a census that is legally mandated by the Constitution of the United States. It takes place every 10 years and has done so since 1790, during the first term of the first US president, George Washington. The census includes territories of the United States and counts every resident in the country, including citizens, non-citizen legal residents, non-citizen long-term visitors, and undocumented immigrants.
The US Constitution, Article I, Sections 2 and 9, directs that a census or enumeration be taken. Section 2, also known as the Enumeration Clause, 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."
The census is conducted by the United States Census Bureau, which uses special procedures to ensure that those without conventional housing are counted. The data collected by the decennial census are used to apportion the number of seats each state has in the US House of Representatives. This is the original legal purpose of the decennial census, as intended by the nation's founders.
The content of the decennial census has changed over time to reflect the evolving needs and interests of the country. For example, in 1810, the first inquiry on manufactures, quantity, and value of products occurred; in 1840, inquiries on fisheries were added; and in 1850, the census included inquiries on social issues, such as taxation, churches, pauperism, and crime.
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The census includes non-citizens
The United States census is a census that is legally mandated by the Constitution of the United States. It takes place every ten years and includes territories of the United States. The census has been thought to be necessary for over two hundred years. The U.S. Census counts every resident in the United States, including citizens, non-citizen legal residents, non-citizen long-term visitors, and undocumented immigrants. The Census Bureau bases its decision about whom to count on the concept of "usual residence". This principle, established by the Census Act of 1790, 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 inclusion of non-citizens in the census has been a topic of debate and controversy. Some have argued that the census should only count citizens and that the inclusion of non-citizens violates the "Enumeration Clause" of Article I, Section 2 of the Constitution. In 2020, the Trump Administration attempted to add a citizenship question to the census, prompting legal challenges and discussions about the constitutionality of such an inquiry. The Supreme Court ruled against including a question about citizenship on the 2020 census, and a federal judge in California ruled that the citizenship question likely would violate the Enumeration Clause.
Despite the debates and legal challenges, the inclusion of non-citizens in the census has been upheld by courts. In Morales v. Daley, the District Court ruled that the 2000 Census and its questions did not violate the Fourth Amendment or other constitutional provisions. The court found that responses to census questions did not violate a citizen's right to privacy or speech. Additionally, the Supreme Court has described the census as the "linchpin of the federal statistical system," collecting data on individuals, households, and housing units throughout the country.
The Census Bureau does not directly collect data on the legal status of foreign-born individuals on its surveys. However, it does collect and publish survey data on the characteristics of foreign-born residents, such as country of birth, U.S. citizenship status, and year of entry into the United States. This information is protected by law and is not shared with other agencies, including law enforcement. The inclusion of non-citizens in the census is important for understanding the country's demographics and planning accordingly.
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The census does not violate the Fourth Amendment
The census, mandated by Article I, Section 2 of the US Constitution, has been a subject of controversy, with questions raised about its necessity and the extent to which it intrudes on an individual's privacy. Despite this, the census does not violate the Fourth Amendment, as ruled by the District Court in Morales v. Daley, 116 F. Supp. 2d 801, 820 (S.D. Tex. 2000).
The Fourth Amendment protects citizens against unreasonable searches, and some have argued that the census asks intrusive and personal questions, amounting to an invasion of privacy. However, Judge Harmon in Morales v. Daley asserted that the degree to which census questions intrude on privacy is limited, given the methods used to collect data and the assurance of confidentiality. The information gathered is deemed necessary for legitimate governmental interests, and responses are kept confidential.
The census counts every resident in the United States, including citizens, non-citizen legal residents, long-term visitors, and undocumented immigrants. This is based on the principle of “usual residence,” established by the Census Act of 1790, which defines residence as the place a person lives and sleeps most of the time. The Census Bureau uses special procedures to count those without conventional housing, and while this data is less accurate, it ensures that everyone is included.
The content of the census has evolved over time to meet the country's changing needs and interests. While early censuses focused on a simple headcount, additional questions were introduced over time to collect statistics on various socioeconomic and housing characteristics. The Supreme Court affirmed the authority of Congress to collect these statistics, stating that the Constitution's census clause is not limited to a headcount and allows for the gathering of other necessary and proper information.
In conclusion, while the census collects personal information, it does not violate the Fourth Amendment. The courts have upheld its constitutionality, recognizing the importance of the data for governmental decision-making. The methods used to collect and protect the information ensure that the privacy of individuals is respected, and the census plays a crucial role in understanding the characteristics of individuals, households, and housing units across the country.
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The census counts the whole number of persons
The data collected by the decennial census is used to apportion the number of seats each state has in the U.S. House of Representatives. The population figures collected during the decennial census determine how many seats in the House of Representatives each state receives. The Constitution, Article I, Section 2 states, "Representatives and direct taxes shall be apportioned among the several states which may be included within this union, according to their respective numbers". The number of seats in the House has grown over time; in 1913, Congress increased the number of seats to 435.
The census has been a topic of controversy, with questions surrounding whether it should count everyone and whether it violates the Fourth Amendment. The District Court in Morales ruled that the 2000 Census and its questions did not violate the Fourth Amendment or other constitutional provisions. The degree to which census questions intrude upon an individual's privacy is limited, and the answers are kept confidential. The Supreme Court has described the census as the "linchpin of the federal statistical system".
The content of the census has evolved over time to meet the country's changing needs and interests. For example, in 1810, the first inquiry on manufactures, quantity, and value of products occurred, and in 1850, the census included inquiries on social issues such as taxation, churches, pauperism, and crime. In recent years, there has been debate over adding a question about citizenship to the census, with some arguing that it would violate the Enumeration Clause of Article I, Section 2.
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Frequently asked questions
The census was added to the US Constitution in 1790.
The census takes place every 10 years.
The United States Census Bureau is responsible for conducting 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 census is used to apportion the number of seats each state has in the US House of Representatives and to collect data on the characteristics of individuals, households, and housing units throughout the country.
