"The actual Enumeration shall be made within three Years after the first Meeting of the Congress ofthe United States, and within every subsequent Term often Years, in such Manner as they shall by law direct."
Comment: The Constitution requires that a census be taken every ten years for the purpose of apportioning the House of Representatives. The main issue is whether this provision requires an actual count of every individual or whether an estimate may be used. Those who have concluded that an "estimate" may be used argue that "actual Enumeration" means ''the most accurate possible calculation"; and when further read in conjunction with "in such manner as they shall by Law direct," they believe the Framers intended for Congress to have complete discretion over the method to use to obtain the most accurate count possible. On the other hand, those who argue that "actual Enumeration" means an actual counting of individuals argue that the words mean to count "singly," "separately," "particularly." In debates between the Colonies and England over population figures, the parties would ask that an enumeration - or actual count - be taken, not an estimate. In The Federalist No. 36, Hamilton, discussing taxation issues, stated that "an actual census or enumeration of the people must furnish the rule, a circumstance which effectively shuts the door to partiality or oppression." Also, the Census Act of 1790 (the first census), required an actual counting. However, in Utah v. Evans (2002), the Census Bureau, when it was unsure of the number of residents at an address, inferred population characteristics from its nearest similar neighbor; the Supreme Court ruled that advanced statistical methods were constitutional valid.
Primary Source. The Heritage Guide to the Constitution.
