The U. S. House of Representatives has created a committee to no longer allow short members of congress to be seated after an election, unless they are taller than 6 feet. Shorty Smith wins his election in his district, but standing only 5 feet 5 inches tall, congress votes 307-116 to not seat Shorty Smith. Shorty Smith, obviously outraged, files a petition with the Supreme Court to force congress to seat him. Can Congress keep Shorty Smith from taking his seat by merely voting against him?

Question

Social Studies

Kirsten Boyd

13 October, 10:59

The U. S. House of Representatives has created a committee to no longer allow short members of congress to be seated after an election, unless they are taller than 6 feet. Shorty Smith wins his election in his district, but standing only 5 feet 5 inches tall, congress votes 307-116 to not seat Shorty Smith. Shorty Smith, obviously outraged, files a petition with the Supreme Court to force congress to seat him. Can Congress keep Shorty Smith from taking his seat by merely voting against him?

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Winters · Answer 1

No, Congress cannot keep Shorty Smith from taking his seat.

Explanation:

In Powell v. McCormack, 395 U. S. 486 (1969), the Supreme Court ruled that Congress can only refuse to seat an elected member when that person does not meet specific constitutional requirements: minimum age (25 for representatives and 35 for senators), must be American citizens for at least 7 years (it s the US Congress), and live in the state that they represent (not necessarily the same district though).