364
Stevens, J., dissenting
The census is intended to serve "the constitutional goal of equal representation." Franklin v. Massachusetts, 505 U. S. 788, 804 (1992). That goal is best served by the use of a "Manner" that is most likely to be complete and accurate. As we repeatedly emphasized in our recent decision in Wisconsin v. City of New York, 517 U. S. 1, 3 (1996), our construction of that authorization must respect "the wide discretion bestowed by the Constitution upon Congress." Methodological improvements have been employed to ease the administrative burden of the census and increase the accuracy of the data collected. The "mailout-mailback" procedure now considered a traditional method of enumeration was itself an innovation of the 1970 census.10 Requiring a face-to-face headcount would yield absurd results: For example, enumerators unable to gain entry to a large and clearly occupied apartment complex would be required to note zero occupants. For this reason, the 1970 census introduced the Postal Vacancy Check—a form of sampling not challenged here—which uses sample households to impute population figures that have been designated vacant but appear to be occupied.11 Since it is perfectly clear that the use of sampling will make the census more accurate than an admittedly futile attempt to count every individual by personal inspection, interview, or written interrogatory, the proposed method is a legitimate means of making the "actual Enumeration" that the Constitution commands.
III
I agree with the Court's discussion of the standing of the plaintiffs in No. 98-564. I am also convinced that the House of Representatives has standing to challenge the validity of the process that will determine the size of each State's con-10 See M. Anderson, The American Census: A Social History 210-211 (1988).
11 See U. S. Dept. of Commerce, Bureau of Census, Effect of Special Procedures to Improve Coverage in the 1970 Census (Dec. 1974).
Page: Index Previous 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 NextLast modified: October 4, 2007