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Stand Up and Be Counted: The 2000 Census |
| Section: CURRENT ISSUES / EYE ON THE HIGH COURT |
| Author: David C. Slade |
| Publication: The world & I online |
| Issue Date: 1/1/1999 |
| Size: 863 Words, 5,586 Characters |
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For the most part the larger and smaller states embraced the Connecticut Compromise, but the southern states balked. How could there be equal representation in the House when the exact population of each state was unknown? A census must be taken, the southern states insisted, and the Convention thereupon adopted language in the Constitution that provided that every 10 years, an "actual enumeration shall be made ... in such Manner as [Congress] shall by Law direct."
How the census was to be conducted, however, was left unclear. Do the words actual enumeration mean an actual head count? Or can Congress "by Law direct" other appropriate means, such as statistical sampling? The question is ...
. . .
...ensus on state representation in the House will not occur until the 107th Congress, which won't convene until January 2001.
Would the 107th Congress actually be "injured" by the statistical sampling method? If so, is the issue "ripe" enough for the 105th House to raise on behalf of the 107th House? The Supreme Court is expected to answer this constitutional conundrum in the spring of 1999.
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