Isabella Carter
The US Constitution sets out three requirements that must be met for someone to become a US Representative: age, citizenship, and residency. The minimum age for a US Representative is 25 years, and they must have been a US citizen for at least seven years. The residency requirement states that the Representative must be an inhabitant of the state they represent at the time of their election. These requirements were designed to give people the freedom to choose the person who would best represent their interests in Congress.
| Characteristics | Values |
|---|---|
| Minimum age | 25 years |
| Citizenship | Citizen of the United States for at least 7 years |
| Residency | Inhabitant of the state they represent at the time of election |
| Salary | $174,000 annually |
| Retirement benefits | Eligible after serving for 5 years |
| Oath | "I, (name), do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion, and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God." |
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What You'll Learn
Minimum age of 25
The US Constitution, Article I, Section 2, Clause 2, sets a minimum age requirement of 25 years for a person to be eligible to become a US representative. This is known as the House Qualifications Clause.
The Framers of the Constitution reasoned that a 25-year age requirement would ensure that Members had sufficient maturity to perform their duties. The Framers wanted to give people the freedom to choose the person who would best represent their interests in Congress. The minimum age requirement for US representatives was also influenced by the nature of the role, which is more democratic and less deliberative in nature compared to the Senate.
The age requirement for US representatives has evolved over time. Initially, the minimum age to serve in the House of Representatives was set at 21 years. During the Constitutional Convention, delegate George Mason of Virginia proposed changing the minimum age to 25 years. This proposal was adopted, setting the minimum age for representatives at 25 years.
The House of Representatives has, on rare occasions, shown flexibility regarding the minimum age requirement. For example, William Claiborne of Tennessee became the youngest person to serve in the House when he was elected at the age of 22 years in 1797. He was also re-elected at the age of 24. In another instance, John Young Brown of Kentucky was elected to the House at the age of 24, but the House refused to administer the oath of office to him until he turned 25.
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Seven years of US citizenship
The US Constitution requires that members of the House of Representatives be at least 25 years old, have been a US citizen for at least seven years, and live in the state they represent (though not necessarily the same district). These requirements are laid out in Article I, Section 2, Clause 2, also known as the House Qualifications Clause.
The seven-year citizenship requirement was intended to strike a balance between preventing foreign interference in US affairs and keeping the House of Representatives close to the people. The Founding Fathers drew inspiration from British Law, which at the time banned anyone born outside England or the British Empire from serving in the House of Commons. By mandating that an individual be a citizen for at least seven years, the Framers of the Constitution attempted to ensure that members of the House had sufficient knowledge about the United States and were not influenced by loyalty to their birth country.
In addition to the age, citizenship, and residency requirements, all members of the House must take an oath to support the US Constitution before exercising the duties of their office. This oath is prescribed by the United States Code and reads:
> "I, [name], do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion, and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God."
The House of Representatives is considered the chamber of Congress closest to the American people, and the Founding Fathers intended to place few hurdles that might prevent any ordinary citizen from being elected to the House. The seven-year citizenship requirement, along with the other qualifications, was designed to give people the freedom to choose the person who would best represent their interests in Congress.
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Inhabitant of the state they represent
The US Constitution, in Article I, Section 2, Clause 2, sets out three qualifications for representatives: age, citizenship, and residency. The first two are relatively straightforward: a representative must be at least 25 years old and must have been a US citizen for at least seven years. The residency requirement, however, has some flexibility.
The Constitution states that a representative must be an "inhabitant" of the state they represent "when elected". This requirement was included to increase the likelihood that representatives would be familiar with the interests of their constituents. The Framers of the Constitution adopted the term "inhabitant" instead of "resident" because, at the time, "inhabitant" was understood to be a less restrictive term. James Madison, for example, argued that "inhabitant" would not exclude "persons absent occasionally for a considerable time on public or private business".
The requirement to be an inhabitant of the state at the time of election has been interpreted with some flexibility. Congress has admitted people to the House of Representatives who did not meet the age and citizenship requirements when elected, as long as they met these criteria before taking the oath of office. This interpretation suggests that the inhabitancy requirement may not be strictly enforced, as long as the representative-elect has a strong connection to the state they will represent.
The Founding Fathers wanted the House of Representatives to be the legislative chamber closest to the people, with the fewest hurdles for ordinary citizens to become members. The residency requirement is one of the few qualifications necessary to ensure that representatives are familiar with the interests of their constituents and can effectively represent their interests in Congress.
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Take an oath to support the Constitution
The U.S. Constitution requires that all members of the House of Representatives take an oath to support the Constitution before they exercise the duties of their office. This is also known as a swearing-in ceremony, where the official reciting the oath swears an allegiance to uphold the Constitution. The Constitution states that members of Congress "shall be bound by Oath or Affirmation to support this Constitution".
The oath taken by both Representatives and Senators reads:
> "I, (name), do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion, and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God."
The phrase "so help me God" has been part of the official oath of office for all non-presidential offices since 1862. The oath is administered by the Speaker, who directs the Members to rise. Members of the House usually take their oath during the first day of a new Congress, when the House organizes itself.
The requirement to take an oath to support the Constitution before assuming the duties of office also applies to the President. The President-elect must take the Oath of Office as stated in Article II, Section I, Clause 8 of the Constitution:
> "I do solemnly swear (or affirm) that I will faithfully execute the office of President of the United States, and will to the best of my ability, preserve, protect and defend the Constitution of the United States."
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No restrictions based on wealth or religion
The US Constitution places very few hurdles between ordinary citizens and becoming a Member of the US House of Representatives. The Founding Fathers intended for the House to be the legislative chamber closest to the people. James Madison of Virginia wrote that:
> "Under these reasonable limitations, the door of this part of the federal government is open to merit of every description, whether native or adoptive, whether young or old, and without regard to poverty or wealth, or to any particular profession of religious faith."
The Constitution requires that Members of the House be at least 25 years old, have been a US citizen for at least seven years, and live in the state they represent (though not necessarily the same district). There are no constitutional restrictions based on wealth or religion.
Article VI, Clause 3, also requires that all Members take an oath to support the Constitution before they exercise the duties of their office. The oath taken by both Representatives and Senators reads:
> "I, [name], do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion, and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God."
The House of Representatives has the authority to determine whether Members-elect are qualified to be seated. For example, William Claiborne of Tennessee became the youngest person to ever serve in the House when he was elected and seated in 1797 at the age of 22. The House also seated Claiborne at the age of 24, when he won re-election.
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