Eleanor Finch
The United States Constitution, specifically Article I, Section 2, mandates that a census be conducted every 10 years. This census, first conducted in 1790, serves the purpose of legislative representation, with the data collected being used to apportion representatives among the states. The census counts every resident in the country, including citizens, non-citizen legal residents, long-term visitors, and undocumented immigrants. The authority to conduct the census and collect data has been both asserted and challenged over the years, with courts upholding the constitutionality of the census and its questions. The data collected by the census is valuable for various purposes, including assessing the representativeness of the government and making economic and business decisions.
| Characteristics | Values |
|---|---|
| Purpose | Legislative representation and apportionment of representatives among states |
| Frequency | Every 10 years |
| 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 of the U.S. Constitution; Fourteenth Amendment, Section 2 |
| Scope | Includes citizens, non-citizen legal residents, long-term visitors, and undocumented immigrants |
| Data Usage | State and local government planning, budgeting, financial assessments, and comparative analyses |
| Accuracy | Interpretations and challenges over the years regarding data collection and privacy |
| Legal Challenges | Morales v. Daley (2000), Trump v. New York (2020), Karcher v. Daggett (1983), and others |
Explore related products
What You'll Learn
- The census is used to apportion representatives among states
- It is mandated by Article I, Section 2 of the US Constitution
- The census is valuable for assessing the representativeness of government
- It is a tool of political empowerment for the governed over their government
- The census does not violate the Fourth Amendment
The census is used to apportion representatives among states
The 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". This means that the census is used to determine how many representatives each state gets in the House of Representatives, based on the state's population. The Constitution requires that this apportionment be carried out every 10 years, with the first census taking place in 1790.
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 Bureau bases its decision about who to count on the concept of "usual residence", which is defined as the place a person lives and sleeps most of the time. The data collected by the census is used by state and local governments to develop programs and budgets, assess financial conditions, and perform comparative analyses. It is also used by analysts, economists, market specialists, and researchers to measure the changing characteristics of the government sector of the economy and to conduct public policy research.
The authority of the government to collect data on its citizens through the census has been asserted and challenged over the years. On numerous occasions, courts have said that the Constitution gives Congress the authority to collect statistics in the census. However, there have also been legal challenges to the census, arguing that it violates the Fourth Amendment or other constitutional provisions. In the year 2000, the District Court in Morales ruled that the census and its questions did not violate the Fourth Amendment or other constitutional provisions.
The census has also been used to assess the "representativeness" of different groups of people in the government. For example, although enslaved Africans were not represented in government, they were counted in the census (only as three-fifths of a person until after the Civil War). The 2010 census indicated that 50.8% of the US population is female, but this is not reflected in the Senate or House of Representatives, where only 23% and 23.4% of members are women, respectively.
John Adams' Influence: Words that Shaped the US Constitution
You may want to see also
It is mandated by Article I, Section 2 of the US Constitution
The US Constitution, in Article I, Section 2, mandates that an apportionment of representatives among the states be carried out every 10 years. This process is known as apportionment and involves dividing the 435 memberships, or seats, in the US House of Representatives among the 50 states based on state population counts obtained from the decennial census.
The Constitution, therefore, requires a census every 10 years to ensure accurate representation in the House of Representatives. 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 Bureau bases its decision on 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 authority to collect data on citizens through the census has been asserted and challenged over the years. While the Constitution does not use the word "census," the courts have consistently affirmed that it gives Congress the power to require both an enumeration and the collection of statistics in the census. This interpretation allows Congress significant discretion in determining the methodology of the count and what other statistics may be necessary and proper to collect.
The data collected by the census is valuable for various purposes beyond legislative representation. State and local governments, analysts, economists, market specialists, and researchers use census data to assess financial conditions, measure changing characteristics of the government sector, and conduct public policy research. The census data is also essential for planning and economic development, with government agencies, businesses, and trade associations relying on it for decision-making.
Opposition to the Constitution: The Anti-Federalists' Fight
You may want to see also
The census is valuable for assessing the representativeness of government
The census is mandated by Article I, Section 2 of the United States Constitution, which requires a count of the entire population to be undertaken for the purpose of legislative representation. This count, or enumeration, must be carried out within three years of the first meeting of the US Congress, and then within every subsequent term of ten years.
Secondly, the census helps ensure that legislative districts are drawn fairly and accurately. The Constitution guarantees one Representative for each state, but the varying populations across states make it challenging to achieve equal representation across districts. Census data provides the best available population count, allowing for more informed and equitable redistricting decisions.
Thirdly, the census aids in assessing the representativeness of government by providing comprehensive demographic information. For example, the census counts citizens, non-citizen legal residents, long-term visitors, and undocumented immigrants. This data can be used to advocate for specific demographic groups and ensure they are adequately represented in government decision-making.
Additionally, the census helps state and local governments develop programs and budgets, assess financial conditions, and perform comparative analyses. Analysts, economists, and researchers use census data to measure the changing characteristics of the government sector and conduct public policy research. This helps ensure that government policies and programs are representative of and responsive to the diverse needs of the population.
In conclusion, the census is a valuable tool for assessing the representativeness of government. It provides critical data on the population that can be used to identify discrepancies between demographics and legislative representation, inform redistricting decisions, and guide policy-making. By utilising this information, steps can be taken to create a more equitable and representative government.
Rolling HP: Plus Constitution in Pathfinder
You may want to see also
Explore related products
It is a tool of political empowerment for the governed over their government
The census is a tool of political empowerment for the governed over their government. It is a way for citizens to hold their government accountable and ensure that they are being accurately represented. The census data is used to determine the allocation of seats in the House of Representatives, which is based on the population of each state. This process, known as apportionment, ensures that each state has a representative in the House proportional to its population.
The census also provides valuable demographic information that can be used to assess the "representativeness" of different groups in government. For example, the census data can show the percentage of women in the population, which can then be compared to the number of women in representative bodies such as the Senate and the House of Representatives. This allows citizens to advocate for more diverse and representative government.
In addition to its role in legislative representation, the census also has broader implications for public policy and resource allocation. State and local governments use census data to develop programs and budgets, assess financial conditions, and perform comparative analyses. Analysts, economists, market specialists, and researchers rely on this data to measure the changing characteristics of the government sector and to conduct public policy research. The census, therefore, plays a crucial role in informing and shaping public policy decisions.
Furthermore, the census can also be a tool for challenging government authority and asserting the rights of citizens. Over the years, the legality and authority of the census have been challenged in the courts, with citizens questioning the government's right to collect certain types of data. These legal challenges serve as a check on government power and help to define the boundaries of the census's scope and authority.
Overall, the census is a powerful tool that enables citizens to hold their government accountable, ensure accurate representation, and advocate for more responsive and inclusive public policies. By providing valuable demographic data and shaping legislative representation, the census empowers citizens to exercise greater control over their government and promote more equitable political systems.
Constitutional Citations: Bibliographies and Beyond
You may want to see also
The census does not violate the Fourth Amendment
The U.S. Census counts every resident in the United States and is mandated by Article I, Section 2 of the Constitution. It takes place every 10 years and has been carried out 24 times since 1790. The census is required to ensure that an apportionment of representatives among the states is carried out every 10 years. This apportionment is the process of dividing the memberships, or seats, in the U.S. House of Representatives among the 50 states, based on the state population counts that result from each decennial census.
The Supreme Court has also characterized as unquestionable the power of Congress to require both an enumeration and the collection of statistics in the census. In United States v. Moriarity, a District Court said the Constitution's census clause (Art. 1, Sec. 2, Clause 3) is not limited to a headcount of the population and "does not prohibit the gathering of other statistics, if 'necessary and proper,' for the intelligent exercise of other powers enumerated in the constitution, and in such case there could be no objection to acquiring this information through the same machinery by which the population is enumerated."
Despite this, there have been challenges to the census on the basis of the Fourth Amendment. For example, Jerry Day has claimed that the Census Bureau asks intrusive, personal questions that violate the Fourth Amendment's protections against unreasonable searches. He also claimed that citizens are not required to cooperate with census takers and that the information given to the census is subject to subpoena and could be used in court by prosecutors. However, these claims have been refuted, with sources noting that the census questions do not involve uninvited entry into anyone's home, and that the information is being sought for reasonable and legitimate government purposes.
Web Form Legality: What Counts as a Signature?
You may want to see also
Frequently asked questions
Article I, Section 2 of the US Constitution mandates that an apportionment of representatives among the states must be carried out every 10 years. This is the original legal purpose of the decennial 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 first census after the American Revolution was taken in 1790 under Secretary of State Thomas Jefferson. There have been 24 federal censuses since then, with the most recent one taking place in 2020.
