Wisconsin v. City of New York
Supreme Court of the United States
Argued January 10, 1996 Decided March 20, 1996
Full case name	Wisconsin v. City of New York, et al. [1] [2] [3]
Citations	517 U.S. 1 ( more) 116 S. Ct. 1091; 134 L. Ed. 2d 167
Argument	[The U.S. Secretary of Commerce refused [3] to use post-enumeration survey statistical regulation to correct the 1990 census represented a violation of the Census Clause of the Constitution. Oral argument]
Case history
Prior	The Secretary of Commerce determined that "actual Enumeration" would be best be resolved in the 1990 census not by using post-enumeration survey (PES) statistical regulation, which was devised to correct an undercount in the original enumeration. [1] [2]
Court membership
Chief Justice William Rehnquist Associate Justices John P. Stevens · Sandra Day O'Connor Antonin Scalia · Anthony Kennedy David Souter · Clarence Thomas Ruth Bader Ginsburg · Stephen Breyer
Case opinion
Majority	Rehnquist, joined by unanimous
Laws applied
Constitution's Census Clause

Wisconsin v. City of New York, 517 U.S. 1 (1996), was a United States Supreme Court case that held that under the Constitution's Census Clause, Congress is granted with the authority ^{[1] [2]} to conduct an "actual enumeration" of the American society, chiefly for the purpose of allocating congressional representation among the states. ^{[1] [2]}

Congress assigned the responsibility of conducting an "actual enumeration" of the American society to the Secretary of Commerce, ^[1] who in the 1990 census, decided not to implement the statistical correction, ^[1] better known as the post-enumeration survey (PES) to adjust an undercount in the initial population count.

Furthermore, following several citizens' groups, states, and cities, Wisconsin disputed the Secretary's decision not to use PES declaring that it resulted in an undercounting of certain identifiable minority groups.

See also

• Wesberry v. Sanders (1964)
• Department of Commerce v. Montana (1992)
• Franklin v. Massachusetts (1992)
• Gaffney v. Cummings (1973)

References

External links

• Text of Wisconsin v. City of New York, 517 U.S. 1 (1996) is available from:  CourtListener   Justia   Library of Congress   Oyez (oral argument audio)