utah et al evans secretary commerce et argued march decided june census bureau derives census information forms mails nationwide list addresses one replies particular form information supplied confusing contradictory incomplete bureau follows visits field personnel occasionally despite visits bureau may still conflicting indications whether listed address housing unit office building vacant lot whether residence vacant occupied number persons unit bureau may use methodology called imputation infers address unit uncertain population characteristics geographically closest neighbor type apartment dwelling return form year census bureau used imputation increase total population count small percentage spread unevenly across country made difference apportionment congressional representatives particular imputation increased north carolina population increasing utah north carolina receive one representative utah one less bureau simply filled relevant informational gaps counting related number individuals zero utah brought suit respondents officials charged conducting census claiming bureau use imputation violates prohibits use statistical method known sampling inconsistent constitution statement actual enumeration made art cl utah sought injunction compelling respondents change official census results north carolina intervened district found bureau held rejects north carolina argument utah lacks standing action case controversy art iii federal courts power redress injury respondents allegedly caused utah lujan defenders wildlife significant difference utah plaintiff franklin massachusetts rejected similar standing argument north carolina must convince reconsider franklin done argues ordering respondents recalculate census numbers recertify official result help utah north carolina entitled number representatives already certified statutes require decennial census mandate results reported president obligate president send congress statement showing number representatives state entitled census data specify house must send state certificate number representatives entitled statutes also say done state shall entitled number representatives certificate specifies unlike north carolina read statutes absolutely barring certificate revision cases statutes expressly address occur case serious mistake say clerical mathematical calculation error census data transposition guided franklin found standing despite presence reads statute permitting certificate revision cases error including cases legal error leading revision underlying census report read statute poses legal bar redress pub title ii stat entitles ny person aggrieved use unlawful statistical method bring civil action declaratory injunctive relief use method despite north carolina argument statue implicitly forbids suit census conclusion statute say explain congress wish deprive day state learn counting method representational consequences census completion hence little incentive bring precensus action reads limitations jurisdiction narrowly see webster doe read statute unexpressed congressional intent bar jurisdiction previously exercised franklin supra neither statute poses absolute legal barrier relief likely utah victory bring ultimate relief seeks see thus utah standing pp bureau use imputation violate authorize use statistical method known sampling xcept determination population purposes apportionment representatives bureau imputation year census differs sampling several critical respects nature enterprise sampling seeks extrapolate features large population small one bureau imputation process sought simply fill missing data part effort count individuals one one methodology sampling seeks find subset resemble whole use artificial random selection processes whereas bureau methodology typically used statisticians used assure individual unit subset chosen nonrandomly resemble individuals whole selected fortuitous unavailability data immediate objective sampling seeks extrapolate sample relevant population characteristics whole population bureau seeks simply determine characteristics missing individual data differences whether degree kind important enough place imputation outside scope phrase statistical method known sampling phrase using words known quotation marks around sampling suggests term art technical meaning technical literature examined see corning glass works brennan contains definitions focus upon sorts differences discussed also insofar parties rely statisticians expert opinion opinion uniformly favors government legislative history suggests sampling statute refers practice secretary called sampling congress wrote law statutory word apply imputation congress consider finally utah provides satisfactory alternative account meaning phrase statistical method known sampling several arguments sampling occurs whenever information portion population used infer information whole population found two methods allegedly virtually identical imputation constituted sampling department commerce house representatives bureau authorized engage imputation might engage substitution imputation counting two bureau imputation methods inaccurate convincing utah failed overcome fact bureau long consistently interpreted permitting imputation congress aware interpretation enacted related legislation without changing statute pp bureau use imputation violate census clause requires actual enumeration state population within three years first meeting congress manner shall law direct utah argues words actual enumeration require census bureau seek individual prohibit relying imputation constitution text make distinction utah seeks draw rather uses general word enumeration refers counting process without describing count methodological details textual word actual refers context enumeration used apportioning third congress succinctly clarifying fact constitutionally described basis apportionment apply first second congresses final part sentence says actual enumeration shall take place manner congress shall law direct thereby suggesting breadth congressional methodological authority rather limitation see wisconsin city new york understanding text supported history constitutional convention demonstrates actual enumeration limit census methodology utah proposes intended distinguish census apportionment process first congress based conjecture rather deliberately taken count support added contemporaneous general usage exemplified dictionaries defining enumeration simply act numbering counting without reference counting methodology contemporaneous legal documents enumeration require contact census taker enumerated individual used almost interchangeably phrase cause number inhabitants taken indeed bureau imputation method similar principle efforts used since determine number missing persons including asking heads households neighbors landlords postal workers proxies number inhabitants particular place utah draw support census clause basic purposes use population rather wealth determine representation tie taxes representation together insist upon periodic recounts population take power determine manner conducting census matters general principle directly help determine issue detailed methodology nonetheless certain basic constitutional choices may prove relevant decisions example use population rather wealth tie taxes representation together insist upon periodic recounts take power determine methodology suggest strong constitutional interest accuracy interest accuracy favors bureau uses imputation last resort methods failed need decide precise methodological limits foreseen census clause need say instance efforts made reach every household methods used consist statistical sampling inference inference involves tiny percent population alternative make far less accurate assessment population consequently manipulation method highly unlikely limits exceeded pp supp affirmed breyer delivered opinion rehnquist stevens souter ginsburg joined joined parts ii filed opinion concurring part dissenting part thomas filed opinion concurring part dissenting part kennedy joined scalia filed dissenting opinion utah et appellants donald evans secretary commerce et al appeal district district utah june justice breyer delivered opinion question us whether census bureau use year census methodology called imputation either violates statutory provision forbidding use statistical method known inconsistent constitution statement actual enumeration made art cl conclude use imputation violates neither statute constitution imputation refers way census bureau conducting year census filled certain gaps information resolved certain conflicts data bureau derives census information reference effect nationwide list addresses sends forms mail addresses one writes back information supplied confusing contradictory incomplete follows several personal visits bureau employees may also obtain information addresses listed occasionally despite visits bureau find still lacks adequate information information provided field somehow integrated master list bureau may conflicting indications example whether address list newly generated address represents housing unit office building vacant lot whether residential building vacant occupied number persons occupied unit contains conflicts uncertainties may arise one wrote back agents field produced confused responses processed responses made mistakes may little time left personal visits bureau may decide imputation represents practical way resolve remaining informational uncertainties bureau refers different kinds imputation depending upon nature missing confusing information example missing confused information concerns existence housing unit bureau speaks status imputation missing confused information concerns whether unit vacant occupied bureau speaks occupancy imputation missing confused information concerns number people living unit bureau refers household size imputation case however bureau proceeds somewhat similar way imputes relevant information inferring address unit uncertain population characteristics nearby sample address unit geographically closest neighbor type apartment dwelling return census questionnaire mail brief appellants bureau derives information known address unit current census rather prior censuses refers imputation rather imputation three forms imputation increased final year count million people representing total population small percentage spread unevenly across country makes difference next apportionment congressional representatives particular imputation increased north carolina population increasing utah population parties agree difference means north carolina receive one representative utah receive one less representative bureau used imputation instead simply filled relevant informational gaps counting related number individuals zero analyzing census figures utah brought lawsuit secretary commerce acting director census bureau officials statutes delegate authority conduct census utah claimed bureau use imputation violates statutory prohibition use statistical method known sampling inconsistent constitution statement actual enumeration made art cl utah sought injunction compelling census officials change official census results north carolina intervened district found census bureau favor supp utah utah appealed postponed consideration jurisdiction pending hearing case merits ii north carolina argues outset federal courts lack constitutional power hear case article iii constitution extends judicial power actual cases controversies lawsuit fall within grant judicial authority unless among things courts power redress injury defendant allegedly caused plaintiff lujan defenders wildlife allen wright north carolina view courts redress injury utah claims suffered hence utah standing constitution demands franklin massachusetts considered rejected similar claim private plaintiff sued secretary commerce challenging legality census counting method arbitrary capricious contrary certain specific statutes plaintiff sought require secretary recalculate numbers recertify official results plaintiff hoped ultimately lead reapportionment assign additional representative state eight members found plaintiff standing four justices considered whether law permitted courts review census bureau decisions administrative procedure act concluded saw standing obstacle stevens concurring part concurring judgment four justices went found controversy plaintiff secretary concrete adversary said secretary certainly interest defending policy determinations concerning census even though change reapportionment interest litigating accuracy opinion also found practical matter redress seemed likely said solicitor general contended contrary may assume substantially likely president executive congressional officials abide authoritative interpretation census statute constitutional provision even though directly bound determination ibid saw potential obstacle standing ibid find significant difference plaintiff franklin plaintiff utah brought lawsuits census complete claimed census bureau followed legally improper counting methods sought injunction ordering secretary commerce recalculate numbers recertify official result reasonably believed secretary recertification practical matter likely lead new favorable apportionment representatives given similarities north carolina must convince us reconsider franklin done north carolina deny courts order secretary commerce recalculate numbers recertify official census result rather points utah suffers simply lack proper census report document importantly lack additional congressional representative north carolina believes entitled consequence filing document whatever may said franklin north carolina argues relief simply reach beyond report proper report help bring ultimate redress reason north carolina believes relief new document help view statutes set forth census process make ultimate redress legally impossible statutes specify secretary commerce must take decennial census population first day april must report results president january president must transmit congress january statement showing whole number persons state number representatives state entitled within days receiving statement clerk house representatives must send executive state certificate number representatives state entitled statutes also say done state shall entitled number representatives certificate specifies taking effect reapportionment section subsequent statute ibid north carolina points done january north carolina concludes entitled number representatives certificate specifies one utah like come may disagree north carolina read statutes absolutely barred certificate revision cases matter statutes expressly say occur report statement upon clerk certificate rests turn contain reflect serious mistake language open flexible reading permit correction certificate found rest upon serious error say clerical mathematical calculation error census data transposition error uncovered new representatives actually selected correction translates mechanically new apportionment representatives without need exercise policy judgment mechanical revision makes good sense cases certificate previously sent turned proper valid certificate understood statutes bar substitution newer accurate version guided franklin found standing despite presence statute read statute permitting certificate revision cases error include among cases legal error leading revision underlying secretarial report read statute poses legal bar redress north carolina adds another statute enacted franklin nonetheless bars consideration case statute authorizes ny person aggrieved use unlawful statistical method bring civil action declaratory injunctive relief use method pub title ii stat north carolina argues statute directly authorizing lawsuit prior conclusion census implicitly forbids lawsuit conclusion supports reading pointing legislative finding impracticable provide relief time statute however say bars lawsuits explain congress wished deprive day state learn counting method representational consequences census complete hence little incentive bring precensus action explained lawsuit brought soon enough completion census heard quickly enough relief necessarily impracticable read limitations jurisdiction review narrowly see webster doe see also bowen michigan academy family physicians see national railroad passenger corporation national assn railroad passengers special circumstances warrant reading statute limiting persons authorized bring suit normally read statute unexpressed congressional intent bar jurisdiction previously exercised franklin department commerce montana shall neither statute posing absolute legal barrier relief believe likely utah victory bring ultimate relief utah seeks victory mean declaration leading injunction requiring secretary substitute new report old one new report contain different conclusion relative populations north carolina utah relevant calculations consequent steps purely mechanical several months remain prior first census congressional election circumstances seem franklin substantially likely president executive congressional officials abide authoritative interpretation census statute constitutional provision opinion moreover terms standing precedent courts ordered change legal status report practical consequence change amount significant increase likelihood plaintiff obtain relief directly redresses injury suffered found standing similar circumstances see federal election akins standing obtain determination organization political committee determination make agency likely require reporting despite agency power order reporting regardless bennett spear similar respect determination lawfulness agency biological report metropolitan washington airports authority citizens abatement aircraft noise similar respect determination transfer airport control local agency unlawful related cases denied standing involved significantly speculative likelihood obtaining ultimate relief see lujan consequently conclude utah standing jurisdiction iii utah rests statutory claim federal sampling statute reads follows except determination population purposes apportionment representatives congress among several secretary shall considers feasible authorize use statistical method known previously read language forbidding use statistical method known sampling department commerce house representatives utah claims imputation practiced census bureau form forbidden sampling method government argues imputation sampling used simplified example help explain imagine librarian wishes determine total number books library librarian finds statistically sound way select sample books contained every shelf librarian uses statistically sound method extrapolating part whole multiplying librarian determined total number books using statistical method known sampling however librarian simply tries count every book one one librarian used sampling latter process suddenly become sampling simply librarian finding empty shelf spaces imputes empty shelf space number books currently use likely filled even librarian goes imputation process rather technical way say measuring size nearby books dividing length empty shelf space number representing average size nearby books shelf example relevant similarities differences suggests sampling imputation information portion population used infer information population whole brief appellants utah view justice see post opinion concurring part dissenting part similarity brings census bureau imputation process within relevant statutory phrase hand two processes differ several critical respects respect nature enterprise librarian sampling represents overall approach counting problem beginning relies data collected part total population declaration howard hogan app hereinafter hogan respect methodology librarian sampling focuses using statistically valid techniques determine data collect declaration joseph waksberg hereinafter waksberg respect immediate objective librarian sampling seeks immediately extrapolate sample relevant population characteristics whole population hogan declaration david peterson hereinafter peterson way contrast librarian imputation represent overall approach counting problem rely data collected subset total population since method processing data giving value missing data collection rely upon statistical methodology generally used sample selection dept commerce decennial statistical studies division census procedures operations memorandum series waksberg immediate objective determining characteristics missing individual books extrapolating characteristics sample entire book population hogan peterson differences distinguish bureau imputation year census statistical method known sampling nature bureau enterprise extrapolation features large population small one filling missing data part effort count individuals one one cf post concurring part dissenting part suggesting contrary bureau methodology typically used statisticians seeking find subset resemble whole use artificial random selection processes used assure individual unit subset chosen nonrandomly resemble individuals whole selected fortuitous unavailability data kish survey sampling statistical literature sampling generally synonymous random sampling bureau immediate objective filling missing data extrapolating characteristics donor units entire population differences whether degree kind important enough place imputation outside scope statute phrase statistical method known sampling one thing statutory phrase using words known quotation marks surround sampling suggests term art technical meaning technical literature consequently examined see corning glass works brennan contains definitions focus upon differences sort discussed one text example says urvey sampling population sampling deals methods selecting observing part sample population order make inferences whole population kish supra another says sample used statistics literature means subset population used gain information entire population henry practical sampling words model population ibid yet another says sampling method method selecting fraction population way selected sample represents population sukhatme sampling theory surveys applications treatise utah refers says broader definition sample imprecise adding term reserved set units selected belief representative whole aggregate yates sampling methods censuses surveys rev ed hereinafter yates census bureau documents state professional statisticians reserve term sample instances selection smaller population based methodology science report congress plan census revised reissued thereinafter report congress definitions apply easily naturally called sampling librarian example given nature methods immediate objectives definitions apply librarian bureau imputation process least without considerable linguistic squeezing another thing bureau statisticians testified district expert opinion bureau imputation sampling term used field statistics hogan app waksberg former bureau statistician reasons parallel referred ibid although utah presented experts testified contrary utah relied upon testimony expert knowledge insofar parties rely expert opinion opinion uniformly favors government history sampling statute suggests congress imputation mind wrote law time bureau already engaged called sampling practice involved asking small subset population subsidiary census questions say automobiles telephones dishwashers extrapolating responses produce national figures say automobile ownership see anderson american census social history discussing long form survey sent population secretary commerce asked congress enact law make clear bureau legal authority engage practice amendment title code relating census hearing house committee post office civil service statement purpose need secretary commerce describing bureau ability obtain information efficiently sample survey rather complete enumeration basis secretary object legislative restriction effect deny bureau sampling authority area apportionment congress part help achieve cost savings responded present statute provides limited authority see roper use sampling methods result substantial economies census taking use sampling procedures surveys urged sake economy reducing respondent burden background suggests sampling statute refers practice secretary called sampling time congress considered suggests statutory word apply imputation matter congress consider indeed secretary believed congress intended restrict bureau authority engage imputation likely expressed objection bureau used imputation past intended use future hogan app moreover bureau rationale using sampling quite different rationale using imputation advance plan sample subset saves money restricts survey potential scope bureau imputation save money bureau turns imputation ordinary questionnaires interviews failed rather imputation reflects bureau decision spend least small amount additional money order avoid placing figure zero next listed address possible better see goal census conduct census numerically distributively accurate finally utah provides satisfactory alternative account meaning phrase statistical method known sampling arguments suggest phrase apply use statistics help bureau extrapolate items bureau knows items characteristics know brief appellants definitional view include within statutory phrase matters possibly belong example use statistics determine whether better ask postal worker neighbor whether apparently empty house occupied come close forbidding use statistics simply one statistical method sampling utah express definitional statement sampling occurs whenever information portion population used infer information population whole suffers similar defect indeed even broader coming close description mental process inference census bureau least one treatise used somewhat similar language define sampling immediately added qualification layman view professional statisticians speaking technically speak narrowly precisely report congress yates utah makes several additional arguments says house representatives found two methods virtually identical imputation constituted sampling says bureau authorized engage imputation might engage substitution imputation counting says event bureau methods imputing status occupancy see supra inaccurate view however house representatives distinguishable two instances bureau methodology issue satisfied technical criteria sampling ways imputation issue instances bureau planned outset produce statistically sound sample extrapolated characteristics entire population first instance selecting census blocks randomly extrapolate global census figures order compare adjust accuracy figures obtained traditional ways figures obtained statistical sampling second instance used sample drawn questionnaire nonrespondents particular census tracts order obtain population figure entire tract sampling second instance closely resembles present effort fill missing data sample nonrespondents large tract compared total nonresponding population entire tract nonetheless believe bureau view enterprise sampling deliberate decision taken advance find appropriate sample sampling methods used immediate objective determining extrapolation size entire nonresponding population quantitative figures issue tract taken together distinguish degree kind imputation issue utah two arguments convincing first utah claimed bureau used imputation manipulate results explained fills ultimate blanks imputation susceptible manipulation fills ultimate blanks zero given advance uncertainties imputation might favor manipulation seem difficult arrange justice speculation comes pass bureau decide litigated case utilized imputation subsequent census forgo benefits process results address problem time second utah claim concerns nature imputation method accuracy applied though add neither record see infra justice opinion see post gives us reason doubt accuracy note one legal hurdle utah failed overcome bureau interpretation statute bureau recommended statute congress consistently many years interpreted statute permitting imputation hogan app congress aware interpretation enacted related legislation without changing statute see census address list improvement act pub stat foreign direct investment international financial data improvements act pub stat act pub stat indeed bureau told congress planned use imputation year census without meeting objection statute delegates secretary authority conduct decennial census form content may determine although rely circumstances grant legal deference bureau legal conclusion deference make difference chevron natural resources defense council sum imputation differs sampling respect nature enterprise methodology used immediate objective sought explained differences kind degree differences may degree lessen significance charged interpreting statutory language faced arguments suggest covers even ordinary inferences since found keys understanding operative phrase history fact bureau believed imputation stand outside prohibition requested congress pass fact bureau consistently used imputation fact congress notice use suggested otherwise reasons conclude statutory phrase statistical method known cover bureau use imputation iv utah constitutional claim rests upon words actual enumeration words appear constitution census clause clause changed civil war ways matter reads follows representatives direct taxes shall apportioned among several according respective numbers counting whole number persons state actual enumeration shall made within three years first meeting congress manner shall law direct art cl emphasis added see also amdt utah argues words actual enumeration require census bureau seek individual bureau may rely upon documentary evidence individual exists say postal return upon eyewitness evidence say census taker fill missing data use testimonial reports including secondhand thirdhand reports made family member neighbor friend may rely upon imputation fills data assuming example unknown house population characteristics closest similar house nearby believe constitution makes distinction utah seeks draw constitution text specify limitation rather text uses general word enumeration refers counting process without describing count methodological details textual word actual refers context enumeration used apportioning third congress succinctly clarifying fact constitutionally described basis apportionment apply first second congresses final part sentence says actual enumeration shall take place manner congress shall law direct thereby suggesting breadth congressional methodological authority rather limitation see wisconsin city new york history constitutional phrase supports understanding text convention sent committee detail draft stating congress regulate number representatives number inhabitants number shall taken manner congress shall direct farrand records federal convention pp rev ed hereinafter farrand making minor irrelevant changes committee detail sent draft committee style revising language added words actual enumeration although dispositive strongly suggests similar meaning committee style authority convention alter meaning draft constitution submitted review revision powell mccormack see farrand see also nixon hence framers intended current phrase actual enumeration shall made manner congress shall law direct substantive equivalent draft phrase number inhabitants shall taken manner congress shall direct farrand committee style phrase offers linguistic temptation limit census methodology manner utah proposes moreover phrases served distinguish census process apportionment first congress read conjunction proceedings constitutional convention text article makes clear original allocation seats house based kind conjectur contrast deliberately taken count ordered future art cl farrand founders constitution kurland lerner eds hereinafter kurland lerner see also department commerce post thomas concurring part dissenting part describing colonial estimates important contrast rather particular phrase used describe new process contemporaneous general usage word enumeration adds support dictionaries define word simply act numbering counting without reference counting methodology johnson dictionary english language rev ed bailey etymological english dictionary ed numbering summing see also webster third new international dictionary ed act counting count something population utah strongest evidence letter george washington contrasting population estimate census enumeration demonstrate contrary one indeed contrast say rough estimate enumeration without intending encompass former anything like bureau use imputation fill gaps clarify confused information individuals writings george washington fitzpatrick ed see writings thomas jefferson lipscomb ed comparing actual returns conjectures farrand kurland lerner evidence justice thomas sets forth post opinion concurring part dissenting part demonstrates kinds estimates sources refer based number taxable polls number militia internal quotation marks omitted sources show nothing enumeration may incompatible least arguably incompatible gross statistical estimates house representatives scalia concurring part gross statistical estimates stake contemporaneous legal documents use term enumeration specialized way constitution later article refers words actual enumeration meaning census enumeration art cl thereby indicating intend term actual enumeration term art requiring say contact directly third parties census taker enumerated individual first census act uses term enumeration almost interchangeably phrase cause number inhabitants taken marshals implemented act try contact individual personally required report names heads households act mar ch stat cf house representatives scalia concurring part noting census acts required census workers visit home person see also post thomas concurring part dissenting part course last limitation suggests framers expected census enumerators seek reach individual household insofar statistical methods substitute effort may argued framers believe constitution authorized use see house representatives supra scalia concurring part need decide matter deal substitution statistical methods efforts reach households enumerate individual census bureau method used sparingly exhausted efforts reach individual differ principle efforts used since determine number missing persons census takers long asked heads households neighbors landlords postal workers proxies number inhabitants particular place hogan app reliance hearsay need accurate less inferential rests upon individualized effort inferences bureau method imputation utah draw support consideration basic purposes census clause clause reflects several important constitutional determinations comparative state political power house reflect comparative population comparative wealth comparative power shift every years reflect population changes federal tax authority rest upon base congress determine manner conducting census see wesberry sanders farrand kurland lerner see federalist pp rossiter ed madison madison madison writings george washington supra basic determinations reflect fundamental nature framers concerns insofar justice thomas proves framers chose use population rather wealth combination two basis representation post agree show however order avoid bias reasons prescribed meant prescribe precise method congress determine population show latter part choice base representation population like fundamental choices framers made matters general principle directly help determine issue detailed methodology us declaration jack rakove department commerce house representatives issue fundamental principles representation secondary matter exactly census data compiled nonetheless certain basic constitutional choices may prove relevant decisions example use population rather wealth tie taxes representation together insist upon periodic recounts take power determine methodology suggest strong constitutional interest accuracy interest accuracy favors bureau said bureau uses imputation last resort methods failed instances bureau choice disregard information using figure zero use imputation effort achieve greater accuracy bureau information provided district suggests efforts succeeded dept commerce economics statistics census informational memorandum app concluding postcensus research confirms imputation appropriately included individuals census otherwise excluded course framers consider imputation process time wrote constitution statisticks referred statement view civil condition people complex mathematical discipline become cohen calculating people yet however unaware framers might specific future census needs say automobiles transport computers calculation fully understood future needs might differ dramatically times optimists might surprised learn year census nation founded required processed data million households including million paper questionnaires billion pages printed material hogan app consequently write detailed census methodology constitution said need decide precise methodological limits foreseen census clause need say instance efforts made reach every household methods used consist statistical sampling inference inference involves tiny percent population alternative make far less accurate assessment population consequently manipulation method highly unlikely limits exceeded reasons judgment district affirmed utah et appellants donald evans secretary commerce et al appeal district district utah june justice scalia dissenting reasons set forth opinion franklin massachusetts concurring part concurring judgment additional one brought forth briefing argument present case disagree holding appellants standing article iii constitution bring suit acknowledges order establish standing appellants must show federal courts power redress injury federal appellees allegedly caused ante internal quotation marks omitted yet dispute even appellants succeed challenge order secretary commerce recalculate final census injury redressed unless president accepts new numbers changes calculations accordingly issues new reapportionment statement congress franklin supra fact fatal appellants standing appellants sued president force take steps successfully even tried since authority direct president take official act internal quotation marks omitted standing case exist case appellants standing even weaker described franklin redress alleged injuries depends particular exercise president discretion also exercise unbridled discretion majority representatives senators president agree federal courts equally powerless order take official acts section fourteenth amendment provides representatives shall apportioned among several according respective numbers counting whole number persons state excluding indians taxed section fourteenth amendment provides congress shall power enforce appropriate legislation provisions article pursuant authorization congress provided president transmits congress decennial reapportionment statement statute requires stat ach state shall entitled taking effect reapportionment section subsequent statute number representatives shown statement thus law provides two means utah entitlement altered taking effect reapportionment section subsequent statute ibid first means refers next decennial second new law enacted interim thus even president wanted transfer one congressional seat north carolina utah unless congress enacted new law authorizing reapportionment doubt realizes even conceivable appellants standing redress injuries hinged action congress accordingly driven assert law mean says statute argues es expressly say occur numbers secretary reported president flawed accordingly makes good sense reads statute third means reapportionment altered judicially decreed mechanical revision clerical mathematical calculation error secretary report ante astonishing exercise raw judicial power statute says clearly occur anything including clerical mathematical calculation error secretary report renders completed apportionment worthy revision nothing unless congress deems worthy revision enacts new law making authorizing revision congress thinks appropriate reason statute list expressly infinite number circumstances reapportionment altered means expressly said entitle ment number representatives shown presidential statement altered two prescribed means simply way read governing text shall entitled reapportionment set forth president statement one two events occurs undeniably means unless one two events occurs remain entitled reapportionment wild principle interpretation today embraces statute says act done means also done means make good sense circumstances unless circumstances done listed subscribe application deformed new canon construction even something clerical error made uniquely insusceptible correction means set forth statute indeed plausible predictable occasion congressional revision demonstration error reported census count taking responsibility determining remedying error away congress statute placed grasping hands commits flagrant violation separation powers find excuse precedents today holding relies three cases says found standing similar circumstances ante similar day night similar two federal election akins metropolitan washington airports authority citizens abatement aircraft noise inapposite redress plaintiffs injuries require action independent third party brought answer federal much less third party president disrespectful us presume course action much much less violation explicit text although third case bennett spear found standing challenge action one agency fish wildlife service despite fact redress ultimately depended upon action another agency bureau reclamation made quite clear came conclusion matter issue one agency power coerce action suffice said injury complained result independent action third party internal quotation marks omitted found service theoretically serves advisory function reality powerful coercive effect action agency ibid internal quotation marks citation omitted case contrast simply say true displays gross disrespect action president coerced secretary mention statute explicitly leaves question congress reasons vacate judgment district remand instructions dismiss want jurisdiction utah et appellants donald evans secretary commerce et al appeal district district utah june justice concurring part dissenting part year census census bureau used statistical technique known imputation calculate state population totals used apportion congressional representatives agree general description imputation process conclusion appellants standing challenge use conclusion otherwise jurisdiction consider challenge find bureau use imputation constituted form sampling thus prohibited census act et seq therefore concur parts ii majority opinion respectfully dissent part iii occasion decide whether constitution prohibits imputation majority addresses part iv conduct year census census bureau bureau first created master address file attempted list every residential housing unit see dept commerce economics statistics census operational plan vi hereinafter census operational plan bureau conducted survey every address list primarily use questionnaires see ante relevant questionnaires requested name person living given address see census operational plan every address returned questionnaire bureau enumerators attempt contact nonresponding addresses six times phone person effort obtain population information address see declaration howard hogan app hereinafter hogan census operational plan known nonresponse followup ibid also procedure addresses appeared vacant marked addresses determined nonexistent noted later deletion see hogan app procedures completed bureau still lacked population information approximately addresses master address list bureau unable classify either occupied vacant nonexistent additionally bureau lacked household size information approximately addresses classified occupied see point bureau employed statistical technique known imputation unsuccessfully enumerated address bureau imputed population data copying corresponding data address ante donor address geographically closest neighbor type apartment dwelling return census questionnaire mail ibid quoting brief appellants means donor addresses selected addresses personally surveyed bureau enumerators primarily nonresponse procedure described see app imputation completed every address master address list associated household size number determined either imputation enumeration although number zero addresses ultimately classified vacant nonexistent bureau used data calculate state population totals ante totals used determine apportionment congressional representatives must determine whether bureau use imputation constituted form sampling prohibited census act et seq see department commerce house representatives ii initially enacted provided xcept determination population apportionment purposes secretary commerce may deems appropriate authorize use statistical method known sampling carrying provisions title relevant congress replaced may deems appropriate shall considers feasible amended pub stat house representatives found amended language might reasonably read either permissive prohibitive regard use sampling apportionment purposes even held maintained prohibition sampling respect apportionment given broader context years federal statutes prohibited use statistical sampling apportionment concerned respect question whether imputation form sampling answer question begin definition sampling bureau provided congress connection year census common experience sampling occurs whenever information portion population used infer information population whole although mong professional statisticians term sample reserved instances selection smaller population based methodology science report congress plan census revised reissued definition bureau use imputation form sampling bureau used predefined deterministic method select portion population used portion population estimate unknown information overall population bureau imputation process first selected group donor addresses one address successfully enumerated donor group subset overall population indeed donor group actually subset subset population selected addresses returned initial questionnaire successfully enumerated means highlights bureau reliance selected portion collected data next bureau used population donor group direct estimate number people successfully enumerated estimate related population whole estimate overall number people population responded provided consistent response see ante bureau survey efforts see yates sampling methods censuses surveys rev ed describing use sampling estimate survey nonresponse ante describing sampling issue house representatives one estimating nonresponse imputation process selected portion population estimate number people successfully enumerated process constituted form sampling counter conclusion majority contends bureau use imputation differs sampling several different ways first majority argues bureau use imputation differs quantitatively forms sampling suggesting estimating nonresponse sampling amount nonresponse small see ante contrasting use sampling estimate level nonresponse use imputation estimate level nonresponse majority provides statistical basis suggest sampling confined large estimates moreover already decided extent bureau reliance sampling irrelevant held prohibits sampling apportionment purposes regardless whether used traditional enumeration house representatives supra indeed majority generally acknowledges bureau reliance imputation may distinguishable degree forms sampling see ante stating sampling issue house representatives differs degree kind imputation issue majority provides statistical basis claiming difference degree matters question constitutes sampling explain meaningful line sampling nonsampling drawn basis second majority contends imputation sampling sample selection method used bureau look like typica ante selection methods terms relevant sample selected respect sample selected majority contends imputation sampling occurs data collected see ibid presumes one sample data sampling collected data recognized form sampling even collected data result attempt survey entire population see yates supra respect sample selected majority argues imputation look like methods employed find subset resemble whole use artificial random selection processes ante bureau nearest neighbor imputation process artificial form nonrandom selection beyond dispute nonrandom selection methods including produce nonrepresentative samples may used sampling see hendricks mathematical theory sampling sukhatme sampling theory surveys applications stephan history uses modern sampling procedures statistical assn indicating nonrandom selection methods may used sampling see also yates supra jessen statistical survey techniques deming sample design business research together indicating selection nonrepresentative biased samples may permissible preferred even deliberate finally even random unbiased selection methods assumed accurate methods sampling make little sense construe prohibiting accurate forms sampling third majority contends imputation sampling bureau never meant engage sampling along lines majority stresses bureau overall approach counting problem ante reflect deliberate decision ante engage sampling instead according majority bureau immediate objective filling missing data effort ascertain population information individual units extrapolating characteristics donor units entire population ante majority provides statistical basis defining sampling terms intent immediate objectives however allow bureau engage form sampling long characterized something else appeared serve nonsampling objective render hollow statutory prohibition sampling apportionment purposes majority allows happen however focusing bureau immediate objective filling missing data overlooks fact bureau estimated nonresponse using selected subset population imputation simply means end fourth majority contends definitions sampling viewed broadly contain limiting principle thus might encompass even mental process inference ante recognizing bureau use imputation form sampling require sampling read broadly instead sampling confined situations selected subset population directly surveyed particular attribute subset used estimate population characteristics attribute limitation neither ill defined encompassing apart arguments primarily relate statistical characterization imputation majority makes several additional arguments contends congress use term sampling read narrowly limited secretary called sampling time ante statutory prohibition written terms secretary viewed sampling reason think congress intended term sampling read narrowly tight restriction bureau ability gather data nonapportionment purposes rather purpose permit utilization something less complete enumeration implied word census except respect apportionment emphasis added suggests sampling meant broad rather narrow sense moreover bureau authorization use sampling nonapportionment purposes simultaneously prohibition use sampling apportionment purposes makes even less sense construe sampling narrowly viewed prohibition given broader historical context marked first departure requirement enumerators collect census information personal visits every household nation house representatives finally even one willing assume statutory prohibition read cover statistical techniques bureau used apportionment purposes prior still justify use imputation since bureau never added people apportionment count using process see hogan app majority also notes possibility chevron deference respect scope term sampling ante citing chevron natural resources defense council majority ultimately rely form deference ante indicate bureau provided interpretation force law issue see christensen harris county explaining agency nterpretations lack force law warrant deference additionally based reasons provided justice thomas partial dissent find bureau use imputation calculate state population totals apportionment purposes least raises difficult constitutional question provides basis construe precluding imputation regardless whether bureau entitled form deference see edward debartolo florida gulf coast building constr trades council majority downplays idea imputation used manipulate census results arguing manipulation seem difficult arrange light uncertainties imputation might favor ante every census imputation alter resulting apportionment mere decision impute impute source possible manipulation might averted bureau required use imputation read majority opinion demand moreover past given deference secretary decision statistically adjust census even final decision matter made census completed see wisconsin city new york finally majority suggests imputation somehow better making statistical adjustment ante party cited study suggesting imputation improves distributive accuracy bureau admits numeric rather distributive accuracy drove process hogan app see also app acknowledging may impossible know priori effects particular census operation distributive accuracy designing census census bureau reject operations improve numeric accuracy even operations might affect distributive accuracy negatively emphasis added therefore assume imputation necessarily resulted better census given recognized importance distributive accuracy assessing overall accuracy see wisconsin supra stating preference distributive accuracy even expense numerical accuracy seem follow constitutional purpose census determine apportionment representatives among iii bureau used imputation make statistical inferences make transparent reliance sampling find bureau use imputation form sampling thus prohibited therefore respectfully dissent part iii majority opinion occasion decide whether constitution prohibits imputation majority addresses part iv reasons reverse judgment district utah et appellants donald evans secretary commerce et al appeal district district utah june justice thomas justice kennedy joins concurring part dissenting part conducting census count million people enormously complicated difficult undertaking facilitate task statisticians created various methods supplement inquiries associated actual enumeration counting whole number persons state required constitution art cl amdt today consider whether prohibits use one methods imputation apportionment purposes whether use permissible constitution accordance decision franklin massachusetts believe jurisdiction consider questions concerning year census essentially reasons given agree imputation prohibited agree however resolution constitutional question constitution apportions power among based respective populations consequently changes population shift balance power among mindful importance calculating population framers chose language precision requiring actual enumeration art cl opted language even though well aware estimation methods inferences used calculate population language census clause leaves room doubt historical context debates accompanying ratification subsequent early census acts confirm use estimation techniques imputation sampling like comply constitution use statistical technique known imputation increased final year census count people representing percent nation total population dept commerce economics statistics census informational memorandum app utilization method year census important consequences two particular north carolina utah north carolina gained one representative utah lost one representative result imputation see ante aptly described process deck imputation several facts method worth noting outset census bureau refers imputation procedures estimation dept commerce decennial statistical studies division census procedures operations memorandum series hereinafter memorandum series app used form estimation three different categories units units classified occupied population count household size imputation units unclassified either occupied vacant know exist occupancy imputation units unclassified either occupied vacant delete status imputation memorandum series status imputation category troubling explained department commerce refers households know nothing therefore may even exist census bureau explains estimation purposes six categories defined preceding types units divided two groups single unit addresses multiunit addresses ibid bureau calls six categories estimation categories permits certain types units category used donors ibid bureau uses donor units data already obtained impute characteristics neighboring unit falls within categories whether estimation technique passes constitutional muster depends evaluation language census clause original ii framers constitutionalized requirement census conducted every decade art cl chose words precision chief justice marshall instructed men whose intentions require concealment generally employ words directly aptly express ideas intend convey enlightened patriots framed constitution people adopted must understood employed words natural sense intended said gibbons ogden wheat guided therefore census clause original meaning constitution written instrument meaning alter meant adopted means mcintyre ohio elections thomas concurring judgment quoting south carolina article cl modified fourteenth amendment provides representatives shall apportioned among several according respective numbers counting whole number persons state excluding indians taxed census clause specifies actual enumeration shall made within three years first meeting congress within every subsequent term ten years manner shall law direct art cl constitution describes process counting whole numbers persons actual enumeration dictionary definitions contemporaneous ratification constitution inform understanding actual defined time founding really done metaphysics actual act real existence opposite potential bailey universal etymological english dictionary ed see also sheridan complete dictionary english language ed defining actual eally act merely potential act purely speculation sheridan defined numeration act numbering counting enumerate reckon singly count distinctly see also johnson dictionary english language rev ed defining enumerate reckon singly count distinctly number enumeration act numbering counting number told count defined number tell see also webster american dictionary english language number tell name one one small numbers ascertaining whole number units collection justice scalia explained department commerce house representatives opinion concurring part dictionary definitions contemporaneous founding demonstrate enumeration requires actual counting estimation number notion counting singly separately number number distinctly runs definitions incompatible least arguably incompatible needs established gross statistical estimates said definitions encompass estimates addition time founding conjecture estimation often contrasted actual enumeration take place pursuant census clause debate first census act james madison made distinction noting census provide exact number every division compared assertions conjectures founders constitution kurland lerner eds hereinafter founders constitution similarly describing document containing results first census thomas jefferson noted difference returns actual added red ink conjectur writings thomas jefferson lipscomb ed george mason one point observed doubted much whether conjectural rule precede census rendered actual census founders constitution historians commentators founding also distinguished actual enumerations conjectures demonstrating common understanding terms instance book statistics explains number inhabitants country prior separation great britain rests principally conjectural estimates pitkin statistical view commerce america hereinafter pitkin see also brief appellants prior revolution british board trade called upon governors provide account populations colonies made actual enumerations connecticut others made estimates founded upon number taxable polls number militia pitkin widely cited article published england john rickman first census also used term actual enumeration several times describe count must always real number noting time method fraught trouble expence attempts accuracy necessary indeed attainable fluctuating subject john rickman article desirability taking census reprinted glass numbering people hereinafter glass see also brief appellants discussion actual enumeration contrasted subsequent proposal england included estimation methods resembling sampling imputation since rickman deemed appropriate make general inferences modern registers make deficient registers glass sure census clause enables congress prescribe manner enumeration taken suggests enumeration implies breadth congress methodological authority rather constraints see ante congress may dictate manner census unbridled discretion purposes apportionment must follow constitution command actual enumeration madison made point clear debate first census act noted difficulties attendant taking census way required constitution obliged perform founders constitution also places undue weight penultimate version clause iteration given committee detail committee style see ante whatever may said earlier version rejected similar reliance nixon must presume committee reorganization rephrasing accurately captured framers meant unadorned language carrying majority argument logical conclusion constrain us say second last draft govern every instance committee style added arguable substantive word result odds fact convention passed committee version rule plain language enacted text best indicator intent rather rely draft focus words adopted constitution iii original understanding discerned examining text also considering meaning intention convention framed proposed adoption ratification conventions people several rhode island massachusetts pet history census taking colonies elsewhere discussions surrounding ratification census clause early statutes implementing clause provide insight meaning census taking practice exceptions however century countries conducted partial enumerations supplemented estimates unenumerated portion population wolfe population censuses statistical assn hereinafter wolfe contentious history censuses partial otherwise long influenced decisions whether undertake see biblical account lord wrath taking census taken david remained argument census taking even late eighteenth century history rampant manipulation political fiscal gains see generally alterman glass times political resistance censuses precluded taking suspicion government opposition religious grounds example prevented general census france century wolfe see also alterman england estimates conjectures changes population frequently made century proposal provide general enumeration rejected parliament thought census might reveal england weakness enemies might followed public misfortune epidemical distemper wolfe internal quotation marks omitted england part responsible first colonial censuses british board trade required population counts properly administer colonies halacy census years counting america hereinafter halacy colonies encounters various population counting methods prior least population counts taken colonies see alterman according one historian however reason suspect censuses often intentionally misleading officials one hand boastful hand timid type thought serve interest exaggeration understatement dexter estimates population american colonies proceedings american antiquarian society hereinafter dexter many americans resisted efforts according inventory colonies attempts population estimates connecticut pursued colonial history policy hiding strength quietness far might inconsistent general truthfulness preferred make exhibit actual condition census new york met much opposition superstitious fear breeding sickness partial returns obtained citations omitted see also century new jersey population counts century apparently comprised guesses royal governors make satisfaction superiors dexter benjamin franklin supposed might whites pennsylvania profess speak accuracy bias led perhaps unconsciously cautious understatement georgia apparently singularly misrepresented overestimated federal convention nearly half much real amount population rest colonies underestimated considerably total convention figures falling short reality half million framers also experience various statistical techniques example thomas jefferson secretary state later charged running first official national census great interest mathematics numbers see halacy cohen jefferson estimated virginia population calculation exhibited awareness statistical estimation techniques used calculate population virginia unable manage full census continental congress eight counties failed turn census data cassedy demography early america beginnings statistical mind hereinafter cassedy jefferson extrapolate incomplete tax returns militia muster rolls data nonetheless produced estimate ibid first listed certain known facts including data virginia population eight counties eight counties information available knew men militia listed five assumptions number people years age equal number years based final estimate alterman another elaborate effort population calculation undertaken governor massachusetts estimated colony population three ways first made estimate return general rateable males eligible vote added estimate males poor pay poll tax added similar numbers females made another estimate multiplying militia returns four calculated third estimate number houses since many believed houses averaged five occupants others preferred five half used numbers giving british board trade several numbers however concluded actual population none figures population fact higher cassedy event ince returns used estimates made tax purposes understood well low side ibid framers quite familiar various methods also impediments successful completion continental congress already used population estimates make decisions taxation efforts met resistance continental congress ascertained population estimates colonies order apportion taxes costs revolutionary war pitkin see also halacy debts incurred revolutionary war hastened ordering standard form census census colonies ordered never complied rest different ways new hampshire particular complained estimate population purposes calculating revolutionary war costs high pitkin caused actual enumeration made appeared number inhabitants lower estimate ibid see also brief appellants new hampshire petitioned continental congress change amount taxation new hampshire effort vain congress refused alter proportion taxes account ibid see also new hampshire provincial state papers reprint proportion taxes assigned new hampshire congress high considerable sum numbers taken year selectmen several towns parishes return made oath proportion appear much large framers knew calculation populations often skewed political financial purposes debate apportionment census consequently focused part creating standard limit political chicanery framers extensively discuss method census taking many expressed desire bind shackle legislature neither future congresses able let biases influence manner apportionment see founders constitution madison explained one respect establishment common measure representation taxation salutary effect accuracy census obtained congress necessarily depend considerable degree disposition great importance feel little bias possible swell reduce amount numbers share representation alone governed rule interest exaggerating inhabitants rule decide share taxation alone contrary temptation prevail extending rule objects opposite interests control balance produce requisite impartiality federalist pp rossiter ed alexander hamilton likewise noted discussion proportion taxes actual census enumeration people must furnish rule circumstance effectually shuts door partiality oppression discussion revealed keen awareness absent fixed standard numbers bound subject political manipulation governor morris appears one strongest opponents fettering legislature much least recognized mode taking census unfixt legislature may use mode defeat object perpetuate inequality founders constitution believed however ca agree rule time expect find one times come edmund randolph hand noted dangers suggested governor morris real advantage taken legislature pressing moments additional reason tying hands manner sacrifice trust momentary considerations debate proposal take periodical census george mason noted object conjectural ratio prevail outset apportionment prior census considered revision time time according permanent precise standard essential fair representation nature man mason observed may sure power hands give retain contrary know always rather increase initially believed congress discretion changed minds listening arguments randolph mason others sherman example first leaving matter wholly discretion legislature convinced observations randolph mason periods rule revising representation fixt constitution ghorum perceptively noted convention comparatively little biased local views much perplexed expected legislature hereafter full biass views able settle standard ibid hand reid continued believe legislature much shackled ibid also thought make constitution like religious creeds embarrassing bound conform likely produce dissatisfaction scism harmony union ibid debate continued various iterations clause considered clear principle concern constitution establish standard resistant manipulation justice story later observed apportion ing representatives among according relative numbers recommendation great simplicity uniformity operation generally acceptable people less liable fraud evasion devised commentaries constitution rotunda nowak eds long relied contemporaneous constructions constitution interpreting provisions early congressional enactments provid contemporaneous weighty evidence constitution meaning printz citations omitted see also myers repeatedly laid principle contemporaneous legislative exposition constitution founders government framers constitution actively participating public affairs acquiesced long term years fixes construction given provisions collecting cases accordingly turn next early census acts provide significant additional evidence framers meant said adopting words actual enumeration first census congress directed census taken actually counting people house representatives congress enacted series requirements accomplish counting none mention use sampling statistical technique method estimation rather first census act described among things many census takers deputies used pay consequences falsifying papers address attribute persons one address count address congress ordered first census begin august completed within nine months century marshals assistants required take oath affirmation truly cause made perfect enumeration description persons resident within district act mar reprinted wright act required marshals aggregate numbers provision allowing marshals estimate extrapolate order fill missing data act provided assistants particular family use data given one member family information taken persons age persons required give assistant true account method counting appears permissible failure make return falsifying return triggered heavy monetary penalties threat prosecution ibid congress added express statement said enumeration shall made actual inquiry every head every family within district otherwise house representatives supra citing act mar stat provision requiring census takers visit personally home appeared statutes governing next censuses see surveying census acts widespread awareness early censuses entirely accurate enumerators confronted many problems including confusion regarding houses belonged districts danger roads unwillingness citizens give required information superstition fear census connected taxation century example letter george washington governor morris dated first census complete washington noted difference enumeration estimate previously given acknowledged official census accurate one letters account gave number inhabitants probably found enumeration large estimate founded ideas held gentlemen congress population several natural looking thro magnifying glass speak greatest extent probability numbers reaching returns census already made several tolerably estimate formed others appears shall hardly reach four millions one thing certain real numbers exceed greatly official returns writings george washington fitzpatrick ed apparently concerned effect results first census foreign opinion jefferson letter sending results abroad explained enclose copy census far written black ink founded actual returns red ink conjectured near truth making small allowance omissions know great may safely say four millions writings thomas jefferson perhaps disappointed results census noted difference returns actual added red ink conjectur suggestion however additional conjectures used apportionment see woolsey first century republic alterman despite deficiencies census provided factual base american people officials scholars needed cassedy thus asserts strong constitutional interest accuracy ante stronger suggestion framers placed higher value preventing political manipulation iv text history review original understanding census clause confirm actual enumeration means actual count without estimation sophisticated statistical techniques may available today time founding framers great deal familiarity alternative methods calculating population decided constitutionalize arduous task actual enumeration persuaded much like earlier methods estimation imputation modern statistical technique census bureau refers estimation constitutionally permissible recent decades decisions regarding whether kind imputation statistical methods utilized changed administration administration departing past practice imputation first used census bureau used form every decennial census since plaintiffs statement undisputed facts app response plaintiffs statement material facts census persons imputed apportionment count household size occupancy imputation census bureau also used form estimation combined imputation sampling declaration howard hogan hereinafter hogan use imputation shifted one seat house representatives indiana florida making year census least second time use changed earliest status imputation used year census although dispute whether even used see stating imputation procedures continued prior practice using household size imputation occupancy imputation added status imputation regardless apparently impact apportionment see year census secretary specifically decided using different form estimation secretary administrative decision declining make adjustment observed imputation scheme used based series assumptions mostly guesswork brief federal petitioners wisconsin city new york nos secretary even noted statistical adjustment census method abandon two hundred year tradition actually count people statistical adjustment census might open door political tampering future wisconsin city new york though different kind recent history experimentation methods bears similarity various preratification estimates enumerations speculate bureau decisionmaking process quite evident framers aware use estimation left door open political abuse adopted words actual enumeration preclude availability methods permit political manipulation additionally imputation properly understood estimation definition actual counting persons contends imputation differ principle traditional methods counting questioning neighbors landlords postal workers number inhabitants particular place ante point flawed several important respects begin first census information taken actual inquiry family member age act mar reprinted wright household member obliged render assistant division true account required best knowledge every person belonging family respectively pain forfeiting twenty dollars sued recovered assistant ibid estimation allowed family members caught providing false information subject fines questioning neighbors permitted even census data based information provided living nearest place abode act mar family members agents families required law render true account willfully fail ed refuse guilty misdemeanor required pay sum exceeding one hundred dollars process far different computation data one donor house appears census burea records hogan app compiled far away actual residence used estimate data another status imputation example census bureau willing impute data even though categorizes households donees know nothing memorandum series subsequent acts may permit forms proxy assist analysis original understanding called upon judge constitutionality imputation estimation procedure includes persons actually counted use adjust census apportionment purposes runs afoul constitution reflection bureau choice disregard information using figure zero use imputation effort achieve greater accuracy ante makes difference whether constitutionally permissible even imputation produces accurate results means answer question framers well understood americans go uncounted accuracy dispositive factor constitutional consideration despite awareness estimation techniques used supplement data framers chose instead require actual enumeration counting whole persons disappointment following first census prompt change view text zero must remain zero dictates constitution takes position enumeration may incompatible gross statistical estimates concludes gross estimates stake see ante derive little comfort fact drawn constitutional line gross statistical estimates ibid neglects explain boundaries gross estimates begging question gross must gross nonchalantly comments census bureau used method sparingly see ante inference involves tiny percent population ante consequences far trivial one state representation congress reduced another fortified use imputation next census shifts balance power two three seats continue defend method today deal imputation history guide surely statistical methods employed future censuses similar challenges accepting one method estimation constitutionally permissible opened door continually called judge whether one form estimation acceptable much debate faced long history political manipulation framers decided make taking actual enumeration constitutional requirement nations attempted population counts none made count important method maintaining democracy mandating founding document leading french statistician noted presents history phenomenon parallel people initiated statistics country day formed government regulated instrument census citizens civil political rights destiny people alterman well familiar methods estimation framers chose make actual enumeration part constitutional structure today undermines decision leaving basis representative government vulnerable political manipulation reasons stated respectfully dissent part iv opinion reverse judgment district footnotes deemed refer reapportionment new presidential statement appellants seek reapportionment section pursuant census already occurred presidential statement effecting reapportionment section must transmitted first day within one week thereafter first regular session first congress census deadline met president statement challenge long since passed moreover metropolitan washington doubt enjoined challenged action injuries allegedly caused redressed automatically operation law see citing app footnotes gave consideration similar question department commerce house representatives considering challenge department commerce decision use statistical sampling decennial census apportionment purposes need however decide constitutional question case held prohibits use sampling calculating population purposes apportionment justice stevens justice scalia however weighed matter see stevens dissenting scalia concurring part actual enumeration originally used apportionment members house representatives direct taxation adoption sixteenth amendment however removed requirement apportionment direct taxes amdt congress shall power lay collect taxes incomes whatever source derived without apportionment among several without regard census enumeration word count appear original version art cl however appear definitions enumeration parenthetical reflects fact justice scalia construing statutory provision avoid serious constitutional doubt see house representatives supra opinion concurring part moreover constitution uses general word enumeration refers counting process without describing count methodological details ante meaning enumeration materially changed since time founding enumerate defined ascertain number count also specify one another list see webster ninth new collegiate dictionary enumeration meant time founding count individually specifically simply admit various counting methodologies conjectural rule presume meant refer population estimates used constitutional convention determine number representatives congress state prior first census see alterman counting people census history hereinafter alterman described infra congress implemented power variety ways authorizing marshals cause number inhabitants taken appoint many assistants necessary establishing timeframe within census completed setting methods payment assistants act mar reprinted wright history growth census prepared senate committee census doc hereinafter wright recent years bureau delegated power adopted number measures reduce error including extensive advertising campaign easily completed census questionnaire increased use automation among things facilitated development accurate maps geographic files census wisconsin city new york traditional religious objection census taking based sin david brought plague upon israel numbering people sam chron cohen calculating people hereinafter cohen colonial governors apparently blamed inability administer censuses fear although unclear extent actually reflected public sentiment ibid bill contemplated british parliament received great deal publicity attention glass proposal provided overseers go house house parishes recording numbers persons actually dwelling house twelve preceeding hours see also dept commerce labor century population growth first census twelfth hereinafter century people massachusetts connecticut manifested considerable opposition census taking seeing advantage fearing way information obtained used british authorities disadvantage later believed disappointment largely due exaggerated estimates colonial population wright see also alterman many census historians believe washington hinted disappointment due exaggerated hopes born newly independence well unrealistic estimates colonial population bureau longer data available determine whether count imputation affected apportionment censuses app see house representatives scalia concurring part prospect reviewing estimation techniques future determine obviously creates distortion allowed happy one