Word: constitutionalized
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Dates: during 1960-1969
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It is not clear that either objection was grounds for exclusion. The Constitution, which allows each house to "be the judge of the elections, returns, and qualifications of its own members," explicitly enumerates these qualifications. Under Article I, section 2, a representative must be at least 25-years old, a...
Since the inhabitance requirement has always been loosely interpreted, Powell undoubtedly fulfills all of these conditions. The question then becomes whether the House may add its own requirements to those of the Founding Fathers. Justice Story, moreover, has written that "it would seem but fair reasoning, upon the plainest principles...
There is no reason to believe, however, that the House is justified in establishing ad hoc, and unspecified, requirements each time it considers barring a member-elect. When the Senate was debating the exclusion of a Utah polygamist, Sen. Knox of Pennsylvania maintained that moral qualifications should remain the province...
Instead, representatives have justified the action as an extension of their constitutional right to expel members of the House. This extension seems unjustified. As one Law School professor has pointed out, exclusion only requires a majority vote and assumes a preliminary judgement by the electorate; expulsion requires two thirds and...
In 1958 the court upheld the law against foreign voting as a reasonable exercise of Congress's power over foreign affairs. But last week the court changed its mind, thus taking the rare step of overruling itself and voiding an act of Congress in the same decision. "Our Constitution...