There is no evidence to support the proposition that the constitutional language means. or was intended to mean. that the mere presence of a person within a State on the day of the census should necessarily result in such persons being counted as among "the persons in" that State for purposes of determining the States "number" for apportionment. Otherwise. a resident of Virginia temporarily visiting New York on the day of the census would have to be counted in the population of New York for that apportionment purpose. That is. under this argument. the Census Bureau would be constitutionally prohibited from creating an exception for "temporary visitors" just as it is prohibited from creating an exception for illegal aliens. No census has ever been conducted on the basis that every person physically present in the State on the day of the census is to be counted. There is strong evidence as to how the language has always been understoood.
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illegal aliens