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under the constitution congressional representation is apportioned based on state population to ensure that representation remains proportional the constitution directs that a census counting each state's population be conducted every 10 years in franklin versus massachusetts massachusetts challenged the reapportionment resulting from the 1990 census the census bureau conducts the census under authority delegated by the secretary of commerce for the 1990 census the secretary determined that overseas federal employees including military personnel should be allocated to the state designated their home of record in their personnel files for apportionment purposes because of this allocation massachusetts population decreased and washington states increased the secretary reported the census results to the president the president then transmitted a statement to congress showing how many representatives each state was entitled to based on population massachusetts lost one representati

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