The Law of the Census: How to Count, what to Count, Whom to Count, and Where to Count them

Details

Author(s):
Publish Date:
January 1, 2011
Publication Title:
Cardozo Law Review
Format:
Journal Article Volume 32 Page(s) 755
Citation(s):
  • Nathaniel Persily The Law of the Census: How to Count, what to Count, Whom to Count, and Where to Count them [Symposium : Acknowledging Race in a "Post-Racial" Era], 32 Cardozo Law Review 755, 2011.

Abstract

The Framers of the American Constitution viewed the decennial census as providing a certain rhythm to American politics. Every ten years a state’s tax burdens and representation in the House of Representatives would change to reflect its share of the national population as revealed in the “actual enumeration,” the manner of which Congress “shall by law direct.” 1 Much has changed since the first census, but the rhythm still remains. Perhaps unintended and unimagined by the Framers, however, is the rhythmic and ritualistic dance to the courtroom every ten years to argue over the census numbers themselves and the methods used to construct apportionment totals.