Cite as: 536 U. S. 452 (2002)
Opinion of Thomas, J.
initions contemporaneous with the founding "demonstrate that an 'enumeration' requires an actual counting, and not just an estimation of number." "The notion of counting 'singly,' 'separately,' 'number by number,' 'distinctly,' which runs through these definitions is incompatible (or at least arguably incompatible, which is all that needs to be established) with gross statistical estimates." Id., at 347.4 Nor can it be said that these definitions encompass estimates by imputation.5
In addition, at the time of the founding, "conjecture" and "estimation" were often contrasted with the actual enumeration that was to take place pursuant to the Census Clause. During debate over the first Census Act, James Madison made such a distinction, noting that the census would provide an "exact number of every division" as compared to "assertions and conjectures." 2 The Founders' Constitution 139 (P. Kurland & R. Lerner eds. 1987) (hereinafter Founders' Constitution). Similarly, when describing a document containing the results of the first census, Thomas Jefferson noted the difference between the returns that were "actual" and those that were added in red ink by "conjectur[e]." 8 The Writings of Thomas Jefferson 229 (A. Lipscomb ed. 1903). George Mason, at one point, observed that he "doubted much whether the conjectural rule which was
4 The parenthetical reflects the fact that Justice Scalia was construing a statutory provision so as to avoid serious constitutional doubt. See House of Representatives, supra, at 346 (opinion concurring in part).
5 Moreover, while the Court states that the Constitution "uses a general word, 'enumeration,' that refers to a counting process without describing the count's methodological details," ante, at 474, the meaning of "enumeration" has not materially changed since the time of the founding. To "enumerate" is now defined as "to ascertain the number of: count," and also "to specify one after another: list." See Webster's Ninth New Collegiate Dictionary 416 (1988). "Enumeration" meant at the time of the founding, as it does now, to count individually and specifically and simply does not admit of various counting methodologies.
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