Wisconsin v. City of New York, 517 U.S. 1, 5 (1996)

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Cite as: 517 U. S. 1 (1996)

Opinion of the Court

I

The Constitution requires an "actual Enumeration" of the population every 10 years and vests Congress with the authority to conduct that census "in such Manner as they shall by Law direct." 1 Art. I, § 2, cl. 3. Through the Census Act, 13 U. S. C. § 1 et seq., Congress has delegated to the Secretary of the Department of Commerce the responsibility to take "a decennial census of [the] population . . . in such form and content as he may determine . . . ." § 141(a). The Secretary is assisted in the performance of that responsibility by the Bureau of the Census and its head, the Director of the Census. See § 2; § 21 ("[The] Director shall perform such duties as may be imposed upon him by law, regulations, or orders of the Secretary").

The Constitution provides that the results of the census shall be used to apportion the Members of the House of Representatives among the States. See Art. I, § 2, cl. 3 ("Representatives . . . shall be apportioned among the several States . . . according to their respective Numbers . . ."); Amdt. 14, § 2 ("Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State . . ."). Because the Constitution provides that the number of Representatives apportioned to each State determines in part the allocation to each State of votes for the election of the President, the decennial census also affects the allocation of members of the electoral college. See Art. II, § 1, cl. 2 ("Each State shall appoint . . . a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress . . ."). Today, census data also have important consequences not delineated in the Constitution: The Federal Government considers census data in

1 The Census Clause provides in full: "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 Manner as they shall by Law direct." Art. I, § 2, cl. 3.

5

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