Congressional Digest

Supreme Court Debates January 1999 No. 1 Vol. 2
Opinion of the Court

The Year 2000 Census

Statistical Sampling and Apportioning Representatives

Opinion of the Court

The Census Act Prohibits Statistical Sampling

This case was granted certiorari on September 10, 1998. On January 25, by a 5 to 4 vote, the case was affirmed, ruling for the House. The majority opinion was written by Justice O’Connor. The following is from the case syllabus:The Constitution’s Census Clause authorizes Congress to direct an "actual Enumeration" of the American public every 10 years to provide a basis for apportioning congressional representation among the States. Pursuant to this authority, Congress has enacted the Census Act, delegating the authority to conduct the decennial census to the Secretary of Commerce. The Census Bureau, part of the Department of…

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