Utah v. Evans, 536 U.S. 452, 52 (2002)

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Cite as: 536 U. S. 452 (2002)

Opinion of Thomas, J.

While debate continued, with various iterations of the Clause considered, it was clear that the principle concern was that the Constitution establish a standard resistant to manipulation. As Justice Story later observed, "apportion[ing] representatives among the states according to their relative numbers . . . had the recommendation of great simplicity and uniformity in its operation, of being generally acceptable to the people, and of being less liable to fraud and evasion, than any other, which could be devised." Commentaries on the Constitution of the United States § 327, p. 238 (R. Rotunda & J. Nowak eds. 1987).

C

We have long relied on contemporaneous constructions of the Constitution when interpreting its provisions, for "early congressional enactments 'provid[e] "contemporaneous and weighty evidence" of the Constitution's meaning.' " Printz v. United States, 521 U. S. 898, 905 (1997) (citations omitted). See also Myers v. United States, 272 U. S. 52, 175 (1926) ("This Court has repeatedly laid down the principle that a contemporaneous legislative exposition of the Constitution when the founders of our Government and framers of our Constitution were actively participating in public affairs, acquiesced in for a long term of years, fixes the construction to be given its provisions" (collecting cases)). Accordingly, I turn next to the early Census Acts, which provide signifi-cant additional evidence that the Framers meant what they said in adopting the words "actual Enumeration."

From the first census, Congress directed that the census be taken by actually counting the people. House of Representatives, 525 U. S., at 335. Congress enacted a series of requirements for how to accomplish the counting; none mention the use of sampling or any other statistical technique or method of estimation. Rather, the first Census Act described, among other things, how many census takers (or deputies) could be used, their pay, the consequences of falsifying papers, what address to attribute to persons who had

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