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The Ineligibility Clause (sometimes also called the Emoluments Clause, [1] or the Incompatibility Clause, [2] or the Sinecure Clause [3]) is a provision in Article 1, Section 6, Clause 2 of the United States Constitution [4] that makes each incumbent member of Congress ineligible to hold an office established by the federal government during their tenure in Congress; [5] it also bars officials ...
James Madison envisioned ethical conflict, resulting in the United States Constitution's Ineligibility Clause, which later gave rise to the Saxbe fix.. In his notes of the Philadelphia Convention in 1787, James Madison expressed the fear that members of Congress would create new federal jobs, or increase the salaries for existing jobs, and then take those jobs for themselves.
In March 2009, Bill Posey introduced legislation, H.R. 1503, in the U.S. House of Representatives to amend the Federal Election Campaign Act of 1971. The amendment would have required candidates for the Presidency "to include with the [campaign] committee's statement of organization a copy of the candidate's birth certificate" plus other supporting documentation. [8]
The United States Constitution and its amendments comprise hundreds of clauses which outline the functioning of the United States Federal Government, the political relationship between the states and the national government, and affect how the United States federal court system interprets the law.
This article delineates the age of candidacy laws of the federal government and individual states of the United States.The US has historically had minimum age requirements for many positions, ranging from President to local members of city council.
The Speech or Debate Clause is a clause in the United States Constitution (Article I, Section 6, Clause 1).The clause states that "The Senators and Representatives" of Congress "shall in all Cases, except Treason, Felony, and Breach of the Peace, be privileged from Arrest during their attendance at the Session of their Respective Houses, and in going to and from the same; and for any Speech or ...
U.S. Term Limits, Inc. v. Thornton, 514 U.S. 779 (1995), is a landmark U.S. Supreme Court decision in which the Court ruled that states cannot impose qualifications for prospective members of the U.S. Congress stricter than those the Constitution specifies. [1] The decision invalidated 23 states' Congressional term limit provisions.
The Senate took similar action. Former president John Quincy Adams and other Representatives eventually achieved repeal of these rules in 1844 on the basis that it was contrary to the Constitutional right (in the First Amendment) to "petition the government for the redress of grievances". [13]