Judicial Appointments Constitution Qualifications for the U.S.

Judicial Appointments

Constitution

Qualifications for the U.S. Senate, U.S. House of Representatives, & U.S. Presidency and The Equal Protection Clause of the Fourteenth Amendment

Which articles and sections deal with the qualifications that people must have in order to serve as a member of the House of Representatives, as a Senator, and as President of the United States? How do those respective qualifications differ?

Article One, section 2, clause 2 of the U.S. Constitution stipulates the following qualifications for candidates to the U.S. House of Representatives: 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.

Article One, section 3, clause 3 of the U.S. Constitution stipulates the following qualifications for candidates to the U.S. Senate: No Person shall be a Senator who shall not have attained to the Age of thirty Years, and been nine Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State for which he shall be chosen.

Article Two, section 1, clause 5 of the U.S. Constitution stipulates the following qualifications for candidates for U.S. President: No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States. Furthermore the twelfth Amendment (1804) requires the Vice-President must meet all the qualifications of being President and the Twenty-second Amendment (1951) prevents a President from being elected more than twice.

There are no term limits for U.S. Senators or members of the U.S. House of Representatives.

Part II

Foundations of American Law. Respond to Chapter 3, Problem 4 in the text regarding the Equal Protection Clause: A Dallas, Texas, city ordinance restricted admission to so-called "Class E" dance halls to persons between the ages of 14 and 18. The ordinance did not impose similar age limitations on most other establishments where teenagers might congregate -- for example, skating rinks. Charles Stanglin, who in one building operated both a Class E dance hall and a roller-skating rink, filed suit in a Texas trial court in an effort to obtain an injunction against enforcement of the ordinance. He argued that the ordinance violated the U.S. Constitution's Equal Protection Clause. The trial court rejected Stanglin's argument, but a Texas appellate court struck down the age restriction. The U.S. Supreme Court agreed to decide the case. Did the age restriction in the Dallas ordinance violate the Equal Protection Clause?

The Equal Protection Clause is part of the Fourteenth Amendment to the United States Constitution. Section 1 reads: "All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws." ("U.S. Constitution: Fourteenth Amendment" 1886).

In essence this portion prohibits by state government institutions and grants all people equal protection of the laws and requires the individual states to apply the law equally without giving preference to one person or class of persons. It can be argued that the Texas ordinance restricting admission to "Class E" dance halls to persons between the age of 14 and 18 discriminates against persons outside of this age range.