Government and Politics

U.S. Census a Constitutional Question

The U.S. Constitution clearly states that every 10 years there must be a head count of Americans. It states that the census must be an "actual enumeration" and that representatives in Congress must be "apportioned among the several states according to their numbers, counting the whole number of persons in each state...."

The Clinton administration wants to use a population sampling process, rather than a total head count, in the 2000 census. Critics say that is clearly unconstitutional.

Here is how sampling would differ from a total head count:

  • Census-takers would count just 90 percent of the population.

  • The remaining 10 percent -- or about 26.5 million people -- would be statistically projected by Census Bureau administrators.

  • They would use a "best guess" approach to arrive at numbers for inner-city minorities, Hispanics in border states, migrant workers and the homeless.

Critics say sampling would provide administration bureaucracts a wide latitude for political mischief. Numbers for likely Democratic voters could be puffed up.

Title 13 of the U.S. Code authorizes the Commerce Secretary to utilize sampling, if he considers it feasible, except "for the determination of population for purposes of apportionment of Representatives."

Sampling critics say the directions couldn't be clearer.

Source: Matthew J. Glavin (Southeastern Legal Foundation), "Don't Let Partisanship Corrupt Census 2000," Investor's Business Daily, September 24, 1997.

Home | Support Us | All Issues | Social Security | Debate Central | Contact Us

Dallas Headquarters: 12770 Coit Rd., Suite 800 - Dallas, TX 75251-1339 - 972/386-6272 - Fax 972/386-0924
Washington Office: 601 Pennsylvania Ave. NW, Suite 900 South Building - Washington, DC 20004 - 202/220-3082 - Fax 202/220-3096
© 2001 NCPA