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The United States census is a decennial census that is legally mandated by the US Constitution. The census counts every resident in the United States and is conducted by the US Census Bureau. The census is used to determine representation in Congress, with the number of seats apportioned to each state reflecting its population. The US Constitution empowers Congress to carry out the census in such [a] manner as they shall by Law direct (Article I, Section 2). The first census after the American Revolution was conducted in 1790, and there have been 24 federal censuses since. The census has been challenged in the courts over the years, with questions arising over whether it should count everyone and whether it violates the Fourth Amendment.
| Characteristics | Values |
|---|---|
| Purpose | To empower the people over their government by determining representation in Congress |
| Frequency | Every 10 years |
| Legal Basis | Article I, Section 2 of the U.S. Constitution |
| Subjects | Beyond a simple headcount, the census can include questions on demographic information and citizenship |
| Scope | Covers all residents of the United States, including those without conventional housing and federal employees living overseas |
| Challenges | Controversies over counting prisoners as residents of prisons, the inclusion of undocumented immigrants, and the accuracy of data due to sampling techniques |
| Uses | Determining legislative districts, reapportioning congressional seats, allocating funds, and informing policy decisions |
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What You'll Learn
The census is mandated by the US Constitution
The US Constitution specifies that a count of the entire population is to be undertaken for the purpose of legislative representation. From this statement, the authority of the government to collect data on its citizens has been asserted and challenged over the years. The Supreme Court has also ruled that the Constitution gives Congress the authority to collect statistics in the census, and that the census is not limited to a headcount of the population.
Article I, Section 2 of the US Constitution, also known as the Enumeration Clause or the Census Clause, reflects several important constitutional determinations. These include that comparative state political power in the House would reflect comparative population, not comparative wealth; that comparative power would shift every 10 years to reflect population changes; and that Congress, not the states, would determine the manner of conducting the census.
The first census after the American Revolution was taken in 1790, and there have been 24 federal censuses since then. The census is conducted by the United States Census Bureau and takes place every 10 years.
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It determines representation in Congress
The US Constitution empowers Congress to carry out the census in "such [a] manner as they shall by Law direct" (Article I, Section 2). The census is used to determine representation in Congress, as it counts every resident in the United States. This was a turning point in world history, as previously, censuses had been used as tools of the government to tax or confiscate property, or conscript youth into military service.
Article I, Section 2 of the US Constitution, also known as the Enumeration Clause or Census Clause, specifies that a count of the entire population is to be undertaken for the purpose of legislative representation. This clause reflects several important constitutional determinations. Firstly, that comparative state political power in the House would reflect comparative population, not comparative wealth. Secondly, that this comparative power would shift every 10 years to reflect population changes. Thirdly, that federal tax authority would rest upon the same base. And finally, that Congress, not the states, would determine the manner of conducting the census.
The census is used to reapportion seats in the US House of Representatives. This includes Americans living abroad who are "federal employees (military and civilian) and their dependents living overseas with them". The census also counts prisoners as residents of prisons, rather than their pre-incarceration addresses, which some claim leads to misleading information about racial demographics and population numbers.
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 data is used by analysts, economists, market specialists, and researchers to measure the changing characteristics of the government sector and the economy, and to conduct public policy research.
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It is conducted by the Census Bureau
The United States Census Bureau is responsible for conducting the census. The census is a decennial census that is legally mandated by the US Constitution. The first census was carried out in 1790, and there have been 24 federal censuses since then. The most recent census took place in 2020, and the next one is scheduled for 2030.
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 data from these operations are not as accurate as data obtained from traditional procedures. In instances where the bureau is unsure of the number of residents at an address after a field visit, its population characteristics are inferred from its nearest similar neighbour (hot-deck imputation). This practice has effects across many areas but is seen by some as controversial.
The Census Bureau must notify Congress of the general census subjects to be addressed three years before the decennial census and the actual questions to be asked two years before. The Constitution gives Congress the authority to collect statistics in the census. The courts have affirmed this on numerous occasions.
The Census Bureau has been at the centre of several controversies and legal challenges. In 2020, the census drew a number of legal challenges under the Trump administration due to President Donald Trump's policies on illegal immigration. Trump issued a memo to the Commerce Department instructing them to use estimates of undocumented immigrants and subtract their numbers from the totals, claiming that he had the authority to make this determination on a Constitutional and past legal basis. Several legal challenges were filed, and a combined suit from 22 states and several non-governmental organisations ruled against Trump, stating that only Congress has the authority to interpret how people are counted in the census.
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It has been challenged in the courts
The US Census has been challenged in the courts on several occasions. The US Constitution mandates that an apportionment of representatives among the states must be carried out every 10 years, making this the original legal purpose of the decennial census.
In 2020, the census drew a number of controversies and legal challenges under the Trump administration due to President Donald Trump's policies on illegal immigration, particularly those undocumented in the country. The Trump administration's bid to add a citizenship question to the 2020 census was challenged in the Supreme Court. The New York Immigration Coalition and its supporters, including New York state and Democrats from the House of Representatives, argued that the citizenship question was meant to suppress a true total count of people in the United States, violating the Enumeration Clause. The Supreme Court heard arguments for and against including the citizenship question, with Solicitor General Noel Francisco claiming that Commerce Secretary Wilbur Ross "acted well within his discretion when he determined that reinstating the citizenship question would provide the best evidence of citizenship".
In another instance, the Department of Commerce announced its Replan Schedule, which would end collection early on September 30, leaving them with incomplete data. This move was challenged in the courts, with lower courts ruling for an injunction against the department from implementing the Replan Schedule. However, the Supreme Court issued a stay of the injunction in October 2020, allowing the census to end early.
In terms of the historical context, the Supreme Court has previously had to confront the early history of the census in America, dating back to the Philadelphia Convention 232 years ago. The original Article I stated that each slave living in America was to be counted in the census but only as 3/5ths of a person, giving slaveholding states an advantage in the House. This clause was deleted by the Fourteenth Amendment in 1868.
Additionally, the Census Bureau's practice of counting prisoners as residents of prisons rather than their pre-incarceration addresses has been criticised by groups like the Prison Policy Initiative as it leads to misleading information about racial demographics and population numbers.
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It counts all residents, including prisoners
The US Constitution mandates that an apportionment of representatives among the states be carried out every 10 years. The census counts all residents, including prisoners, and uses that count to determine representation in Congress.
The census is a decennial census that is legally mandated by the Constitution of the United States. The first census after the American Revolution was taken in 1790, and there have been 24 federal censuses since then. The most recent national census took place in 2020, and the next census is scheduled for 2030. The census counts people where they were living on a specific reference date, which has been April 1 since 1930, to avoid double counting.
The census counts prisoners as residents of prisons, not their pre-incarceration addresses. This has been a source of controversy, as some argue that this leads to misleading information about racial demographics and population numbers. The Prison Policy Initiative, for example, asserts that the practice of counting prisoners as residents of prisons results in inaccurate data.
The Census Bureau bases its decision about whom to count on the concept of "usual residence", which is defined as the place a person lives and sleeps most of the time. The "usual residence rule" aims to ensure consistency in the census count. However, in the case of prisoners, this rule assumes that incarcerated people "eat and sleep most of the time" at the location of the prison, which may not always be accurate.
Some states have implemented measures to avoid prison gerrymandering, such as counting prisoners at their pre-incarceration addresses or excluding them from redistricting formulas. The debate around how to count prisoners in the census is ongoing, and different rules may be applied to different prisoners based on factors such as sentence length.
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Frequently asked questions
The census is a way to count every resident in the United States. It is mandated by Article I, Section 2 of the US Constitution and takes place every 10 years. The census helps communities determine where to build schools, homes, hospitals, etc. It also helps the government decide how to distribute funds and assistance to states and localities.
The census is used to determine representation in Congress. It is a way to empower the people over their government. The census also helps the government collect statistics and data on its citizens.
Article I, Section 2, Clause 3 of the US Constitution, known as the Enumeration Clause or Census Clause, states that the comparative state political power in the House should reflect the comparative population, not comparative wealth. It also states that the power should shift every 10 years to reflect population changes.
