On the recordSeptember 30, 1997
I do not believe there is a Member of this House who over the last 5 years has risen in defense of the United States Constitution more than I have. I honestly would tell the Members if I thought statistical sampling was unconstitutional, regardless of the political consequences. I would be rising in support of the Constitution, in defense of the Constitution. I think this whole constitutional argument is a bogus argument, however, and it fails to read the entire sentence in Article I, Section 2, clause 3 of the Constitution, because that section of the Constitution requires an actual enumeration, but then it goes on to say, ``. . .in such manner as the Congress shall by law direct.'' And all of these gentlemen who have gotten up and talked about requiring a head count seem to be ignoring the second part of the sentence. Every single Justice Department that has opined on this issue, the Bush Justice Department, the Carter Justice Department, the Clinton Justice Department, have all said that statistical sampling is fine under the Constitution. Every single court that has addressed this issue has said that statistical sampling is acceptable under the Constitution.
Source
govinfo.gov




