On the recordMay 7, 1997
the amendment that Senator Hollings has presented is acceptable, and I am pleased to cosponsor it. It is a provision that I put in the bill, or I offered as an amendment to the bill when it was in committee. A full count of the population for the purpose of apportioning seats in the House of Representatives is required by the Constitution. Article I calls for an ``actual Enumeration * * * '' and section 2 of the 14th amendment reads: ``Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State * * *''. Title 13 U.S.C. section 195 states: ``Except for the determination of population for purposes of apportionment of Representatives in Congress among the several States, the Secretary shall, if he considers it feasible, authorize the use of the statistical method known as ``sampling'' in carrying out the provisions of this title.'' When the Secretary of Commerce declined to approve a statistical adjustment to the 1990 census, at least 50 law suits were filed. The Supreme Court upheld the Secretary's decision in one of these cases, Wisconsin versus City of New York. The Court held that the Constitution ``vests Congress with virtually unlimited discretion in conducting the `actual Enumeration' * * * Through the Census Act, 13 U.S.C.…
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