17 May 2009

Apportionment

During a recent Constitutional Law lecture in Münster, a student asked who was counted for purposes of determining a state's population with regards to apportionment of the House of Representatives. As students in most of my classes have learned (or been reminded of) at some point or another, the number of representatives each state has in the House of Representatives is determined by the population of a given state. Most students are surprised to learn that every ten years a recount of the entire U.S. population is conducted via something called a census (this recount, incidentally is required by the Constitution). But I digress.

So who counts when determining a state's population? Everyone. That's right, citizens and non-citizens, legal residents and illegal residents, registered voters and non-registered voters, adults and children. Everyone. More information is provided here by our friendly Census Bureau (the fine folks who conduct this decennial recount).

As an aside, as part of my search for this answer, I came across information concerning a movement here in Germany back in the late 1970s to introduce a census. Apparently a planned census in 1983 was halted by the Bundesverfassungsgericht. More can be found here.