An Introduction to Constitutional Interpretation

Introductory Activity

Article 1, Section 2, Clause 2

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.

The language of the Constitution varies from quite specific to quite general.  Read each short problem below and determine whether the candidate can be elected to the U.S. House of Representatives.

The mythical State of Minnefornia has rules that govern its elections. In order to run for Congress, a candidate must file a petition with Minnefornia’s Secretary of State 60 days before the primary election.  The petition must be signed by 1,000 registered Minnefornia voters.  Election Day 2010 in Minnefornia is Tuesday, November 2.  The primary will be on Tuesday, October 12.  The petition must be turned in to the Secretary of State’s office by August 13.

1. Chad lives across the river from the capital of Minnefornia in the state of Georgiassippi. He works in Minnefornia and plans to move there before Election Day. He has the signatures of 1,000 registered Minnefornia voters on his petition.  Will his name be on the primary ballot?
2. Shannon is a recent graduate of the University of Minnefornia.  She turns 25 on November 1, 2010.  She turns in the required number of voter signatures.  Will her name be on the primary ballot?
3. Andre was born in Germany where his parents, both members of the U.S. military, were stationed.  He moved to Minnefornia for college five years ago.  He turned 25 in June of 2010.  He turns in the required signatures.  Will his name be on the primary ballot?
4. Desiree is the president of the student body at the University of Minnefornia.  She is well known throughout the state.  While only 22 years old, she believes that the requirement to be 25 that appeared in the original Constitution can’t possibly mean the same thing more than 200 years later.  She turns in the required signatures.  Will her name be on the primary ballot?