U.S. Constitution · Article I, Section 2, Clause 2
House Qualifications Clause
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Also known as: House Qualifications Clause
This provision sets three requirements for House members: age 25, seven years of United States citizenship, and residence in the electing state when elected.
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The text
No Person shall be a Representative who shall not have attained to the Age of twenty five Years, and been seven Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State in which he shall be chosen.
National Archives transcription (public domain; original spelling and capitalization). archives.gov
SI explainer
What it means
Original meaning
- “No qualification of wealth, of birth, of religious faith, or of civil profession is permitted to fetter the judgement or disappoint the inclination of the people.” James Madison, The Federalist No. 57 (1788-02-19)
How the Supreme Court has read it
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Powell v. McCormack, 395 U.S. 486 (1969)
The Court held that the House could not exclude a duly elected member who met the age, citizenship, and residence qualifications stated in this provision. The Court also held that the claim was justiciable.
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U.S. Term Limits, Inc. v. Thornton, 514 U.S. 779 (1995)
The Court held that states may not impose qualifications for members of Congress beyond those stated in the Constitution, invalidating an Arkansas term-limit provision. Both the majority opinion and the dissent relied extensively on founding-era history while reaching opposite conclusions about reserved powers.
Two schools of interpretation
Originalist / textualist reading
Originalists and textualists read the three requirements as both necessary and exclusive because the text states them as fixed conditions and the founding-era explanation treats them as the whole list. Madison’s statement that wealth, birth, religious faith, or profession could not limit the people’s choice supports the conclusion that neither Congress nor the states may add qualifications such as property ownership, religious tests, or term limits. Later changes in election law and democratic practice do not alter that original public meaning.
Living-constitutionalist reading
Living-constitutionalist and pragmatist readers emphasize that the three stated requirements have remained fixed while the House has grown from a small body elected by a limited electorate into a national legislature chosen through broad democratic participation. On this view, courts have properly treated the list as exclusive in order to protect the voters’ choice, prevent shifting majorities or states from adding new barriers to service, and allow democratic practice to develop within stable constitutional boundaries. The fixed text supplies continuity, while later democratic expansion and judicial enforcement give practical effect to open and representative government.
Open questions
Whether Congress or the states may regulate matters related to candidacy, such as ballot access, disclosure, or disqualification under other constitutional provisions, without adding to the three stated qualifications. How other constitutional requirements and disqualifications interact with this provision also remains subject to further interpretation.
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Cite this page
Values for America Constitution Explorer, https://www.valuesforamerica.com/constitution (text: National Archives transcription, public domain), Article I, Section 2, Clause 2, https://www.valuesforamerica.com/constitution/article-1/section-2/clause-2
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