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The Constitution of the United States of America: Analysis and Interpretation - Annotations of Cases Decided by the Supreme Court of the United States to June 30, 1952 by Unknown
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construed the statute not to affect the offender's tenure as a Senator,
and left undecided the power of Congress to impose additional
qualifications (or disqualifications).[130] In exercising the power
granted by section 5 to judge the qualifications of its own members,
each House has asserted the power to inquire into the conduct of a
member-elect prior to his election. In 1900 the House of Representatives
refused to seat a person who practiced polygamy,[131] and in 1928 the
Senate voted to exclude a Senator-elect on the ground that his
acceptance of large campaign contributions from persons who were subject
to regulation by a State Administrative Commission of which he had been
Chairman were "contrary to sound public policy" and tainted his
credentials with fraud and corruption.[132]


INABILITY OF THE STATES TO ENLARGE

A State may not add to the qualifications prescribed by the Constitution
for members of the Senate and House of Representatives. Asserting this
principle, the House in 1807 seated a member whose election was
contested on the ground that he had not been twelve months a resident of
the district from which elected as required by State law. No attempt was
made to ascertain whether these requirements were met because the State
law was deemed to be unconstitutional.[133] Both the House and Senate
have seated members elected during their term of office as State judges,
despite the provision of State constitutions purporting to bar the
election of judges to any other office under the State or the United
States during such term.[134]


Clause 3. [Representatives and direct Taxes shall be apportioned among
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