Eleanor Finch
The House of Representatives is the larger of the two legislative bodies of Congress, with 435 members and non-voting delegates from the District of Columbia and U.S. territories. The House is led by the Speaker and represents citizens based on district populations, with members chosen every two years by the people of the states. The constitutional requirements for the House of Representatives, outlined in Article 1, Section 2, Clause 2, include that a member must be at least 25 years old, a U.S. citizen for at least seven years, and an inhabitant of the state they represent at the time of election. These requirements were designed to give people the freedom to choose their best representative and ensure that members had sufficient maturity and knowledge about the U.S. political system.
| Characteristics | Values |
|---|---|
| Minimum and maximum sizes | Determined by Article 1, Section 2 of the Constitution |
| Age | 25 years or older |
| Citizenship | Citizen of the United States for at least 7 years |
| Residency | Inhabitant of the state they represent |
| Election | Elected every second year by the people of the state |
| Enumeration | Actual enumeration to be made within 3 years of the first meeting of Congress, and every subsequent 10 years |
| Number of Representatives | No more than 1 for every 30,000 people, with each state having at least 1 representative |
| Leadership | Includes the Speaker, majority and minority leaders, assistant leaders, whips, and a party caucus or conference |
| Powers | Sole power of impeachment |
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What You'll Learn
Minimum age, citizenship, and residency requirements
The House Qualifications Clause, outlined in Article I, Section 2, Clause 2 of the US Constitution, sets out the minimum age, citizenship, and residency requirements for members of the House of Representatives.
Firstly, to be elected, a representative must be at least 25 years old. The Framers of the Constitution reasoned that this age requirement would ensure that members had sufficient maturity to perform their duties.
Secondly, a representative must have been a citizen of the United States for at least seven years. This citizenship requirement was designed to allow foreign-born citizens to participate in the government while also ensuring they had sufficient knowledge of the country and were unlikely to be influenced by loyalty to their birth country.
Thirdly, the Clause requires that a representative, at the time of their election, be an inhabitant of the state they represent. This requirement was intended to secure an attachment to, and just representation of, the interests of the state in the national councils. It was believed that an inhabitant would have a deeper concern and a more enlightened view of the interests of their constituents.
While the Constitution sets out these minimum requirements, Congress has admitted persons who met the age and citizenship criteria at the time they took the oath of office, even if they did not meet them at the time of their election. Additionally, Congress has rejected efforts by states to enlarge upon these qualifications, such as by imposing additional residency requirements beyond inhabitancy of the state.
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Representation based on population
The House of Representatives is based on representation according to population, in contrast to the Senate, which is based on equal representation for each state. This agreement is referred to as The Great Compromise.
The Constitution sets out the minimum and maximum sizes for the House of Representatives. Each state must have at least one representative, and the number of representatives is capped at one for every 30,000 people. The Constitution also mandates that an enumeration of the population be carried out every ten years to determine the number of representatives for each state.
The House of Representatives is made up of members chosen every second year by the people of the states. To be elected, a representative must be at least 25 years old, a US citizen for at least seven years, and an inhabitant of the state they represent. These requirements were designed to give people the freedom to choose the person who would best represent their interests in Congress. The age requirement was also intended to ensure that members had sufficient maturity to perform their duties, while the citizenship requirement was meant to strike a balance between allowing foreign-born citizens to participate in government and ensuring they had sufficient knowledge of and loyalty to the United States.
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Powers of impeachment
The House of Representatives has the sole power of impeachment. This power is derived from Article 1, Section 2, Clause 2 of the Constitution, also known as the House Qualifications Clause.
The House of Representatives is responsible for holding government officials accountable and ensuring they meet the standards of their offices. When a representative or government official is accused of misconduct, it is the duty of the House to investigate and, if necessary, impeach them. This process involves a thorough examination of the alleged wrongdoing and a determination of whether it constitutes an impeachable offence.
The power of impeachment is an important check and balance within the US political system. It allows the House of Representatives to hold officials accountable, regardless of their position or party affiliation. This power has been utilised throughout history to maintain the integrity of the government and protect the interests of the people.
To be elected as a representative, an individual must meet the requirements outlined in the House Qualifications Clause. This includes being at least 25 years old, a US citizen for at least seven years, and an inhabitant of the state they represent. These requirements were designed to ensure representatives had sufficient maturity and knowledge to perform their duties effectively and represent the interests of their constituents.
In some cases, individuals have been excluded from the House due to practices such as polygamy or allegations of disloyalty. The House has the authority to enforce standards and maintain the integrity of its members, ensuring they uphold the values and principles expected of their positions.
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Leadership roles
The House of Representatives is led by a speaker, who is chosen by the House itself and combines several institutional and administrative roles. The speaker acts as the leader of the House. The House also has a majority and minority leader, who represent their respective parties on the House floor. Whips assist the leadership in managing their party's legislative program in the House.
The House also has a Committee of the Whole House, which all representatives serve on and which meets in the House Chamber to consider measures from the Union calendar. Each committee has a chair and a ranking member. The size of each committee and the ratio of Republicans to Democrats are decided by the party leaders. The House will sometimes form a special or select committee for a short period and a specific purpose, often an investigation.
The House also has a Rules Committee, which controls which bills go to the House Floor and the terms of debate. The makeup of the Rules Committee is traditionally weighted in favor of the majority party, with nine members from the majority and four from the minority.
The House of Representatives has the sole power of impeachment.
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Enumeration Clause and apportionment
The Enumeration Clause, also known as the Census Clause, is outlined in Article I, Section 2, Clause 3 of the US Constitution. This clause determines that the number of seats in the House of Representatives for each state is directly related to that state's population. The Clause also establishes that the number of Representatives shall not exceed one for every thirty thousand people, and each state must have at least one Representative.
The Enumeration Clause sets out several important constitutional determinations. Firstly, it establishes that the comparative political power of each state in the House of Representatives is directly related to its population, rather than its wealth. Secondly, it ensures that this comparative power shifts every 10 years to reflect changes in population. Thirdly, it determines that federal tax authority is based on the same population data. Finally, it gives Congress, rather than individual states, the authority to determine how the census is conducted.
The Fourteenth Amendment, Section 2, changed the mode of apportionment of representatives among the states, and the Sixteenth Amendment altered the language regarding taxes on incomes without apportionment. The Fourteenth Amendment states that "Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed."
The Enumeration Clause has been interpreted to allow Congress to inquire about citizenship on the census questionnaire. This interpretation has been supported by court rulings, which have held that Congress can use the census for broader information-gathering purposes without violating the Clause. However, in some cases, the inclusion of citizenship questions on the census has been invalidated on procedural grounds, such as when the actual reason for adding the question was not disclosed.
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Frequently asked questions
The constitutional requirements for the House of Representatives, as outlined in Article I, Section 2, Clause 2 of the US Constitution, are as follows:
- A minimum age of 25 years.
- US citizenship for at least seven years.
- Inhabitancy in the state they are elected to represent at the time of election.
The framers of the Constitution argued that a minimum age of 25 years would ensure that members had sufficient maturity to perform their duties.
The citizenship requirement was implemented to ensure that members had knowledge of the United States and were unlikely to be influenced by loyalty to another nation.
Beyond the age, citizenship, and inhabitancy requirements, there are no explicit constitutional requirements for members of the House of Representatives. However, throughout history, members have been excluded or refused admission based on other factors, such as allegations of disloyalty or practices deemed unacceptable by the House, such as polygamy.
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