This article critiques the constitutional and policy challenges to the American Community Survey (ACS), an annual survey conducted by the U.S. Census Bureau. Some commentators argue that because the ACS goes far beyond ascertaining the number of Americans, it goes beyond the proper scope of the Census Clause.

This article asserts, by contrast, that the public interests favoring the ACS outweigh any possible privacy concerns, and that precedent under the First and Fourth Amendments supports ACS inquiries. The article goes on to assert that because the Census has always asked a wide range of questions, ACS questions are authorized by the Constitution's Census Clause.