Constitution 101: Article I, Section II,Clause III: The Enumeration ClauseArticle I, Section II of the United States Constitution deals with the U.S. House of Representatives. A previous article discussed qualifications for membership in the House and the methods used for choosing representatives. In Clause III of Section II, the framers more instruct how the members of the House are to be divided among states. This is a longer clause, and much of it has been amended, but it is also possibly the most controversial clause in the entire Constitution.Clause III of Section II reads, “Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons. The actual Enumeration shall be made within three Years after the first Meeting of the Congress of the United States, and within every subsequent Term of ten Years, in such Manner as they shall by Law direct. The Number of Representatives shall not exceed one for every thirty Thousand, but each State shall have at Least one Representative; and until such enumeration shall be made, the State of New Hampshire shall be entitled to chuse three, Massachusetts eight, Rhode-Island and Providence Plantations one, Connecticut five, New-York six, New Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North Carolina five, South Carolina five, and Georgia three.”This clause, known as the ‘Enumeration Clause,’ reflects the “Great Compromise” that members of the House are to be chosen based on their state’s population. More populated states have more power, but the power may shift every 10 years as the states’ population changes. This is important as new states are able to compete with the original 13 down the road. It also determines that taxation is decided on the same basis. The Enumeration Clause makes a point to show that the federal government—and not the individual states—will conduct the census to better guarantee its accuracy. The clause directs the first census be made in 1790, and every 10 years after, 1800, 1810, 1820 and so on.There has been some debate over the years regarding whether the census can and should ask demographic questions or should it just be a count, an enumeration.
