Why are there higher qualifications for senators




















Each state has a minimum of one representative in Congress. There are, however, two exceptions to this rule: the House must also approve appointments to the Vice Presidency and any treaty that involves foreign trade.

The Congressional Research Service notes that the vast majority of Members 95 percent had an academic degree: Representatives and 57 Senators had a law degree.

Ossoff is the youngest person elected to the U. Senate since Don Nickles in Each House sets its own rules. What is the difference between congressman and senator? The main difference is that representatives have specific districts that elect them, while Senators are elected by the state as a whole.

Because being a Senator is somewhat more prestigious, Senators are usually referred to as such, though they're technically congresspeople. What is the difference between a senator and a governor?

Currently voted the best answer. If you're speaking of the difference in US terminology. A governor is the head of a single state. A senator is the state's representative in the Senate. Each state has two senators, between one and 50 representatives in the House, and only one governor. What is a congressman salary?

How do you find the bond order in be2? What is work scalar or vector? What is the difference between a sweet potato and a white sweet potato? Co-authors 5. When the President of the United States is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two thirds of the Members present. Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.

Section 4. The Congress shall assemble at least once in every Year, and such Meeting shall be on the first Monday in December, unless they shall by Law appoint a different Day. Section 5. Each House may determine the Rules of its Proceedings, punish its Members for disorderly Behaviour, and, with the Concurrence of two thirds, expel a Member.

Each House shall keep a Journal of its Proceedings, and from time to time publish the same, excepting such Parts as may in their Judgment require Secrecy; and the Yeas and Nays of the Members of either House on any question shall, at the Desire of one fifth of those Present, be entered on the Journal. Neither House, during the Session of Congress, shall, without the Consent of the other, adjourn for more than three days, nor to any other Place than that in which the two Houses shall be sitting.

Section 6. They 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 returning from the same; and for any Speech or Debate in either House, they shall not be questioned in any other Place.

No Senator or Representative shall, during the Time for which he was elected, be appointed to any civil Office under the Authority of the United States, which shall have been created, or the Emoluments whereof shall have been encreased during such time; and no Person holding any Office under the United States, shall be a Member of either House during his Continuance in Office. Section 7. Every Bill which shall have passed the House of Representatives and the Senate, shall, before it become a Law, be presented to the President of the United States; If he approve he shall sign it, but if not he shall return it, with his Objections to that House in which it shall have originated, who shall enter the Objections at large on their Journal, and proceed to reconsider it.

There are two methods of challenging the qualifications of a senator. The first method is under sections to of the CEA, which provide that the Australian Electoral Commission, or any candidate or person qualified to vote, may petition the Court, within 40 days after the return of the writ or, in the case of a casual vacancy, the notification of the choice or appointment to examine the validity of the election, including the qualifications of candidates.

The Court may examine the petition or refer it to a lower court. Possible outcomes include declarations that:. Secondly, the Senate may by resolution refer a question relating to the qualifications of a senator to the Court, under section of the CEA. The motion is categorised as Business of the Senate and therefore has priority over other types of business at most times see Guide No. The Court may declare that a senator is not qualified, or that a candidate was ineligible, and may declare that a vacancy exists.

In and , a number of senators were found to have been incapable of being chosen as senators at the election following the reference of questions under this method. It was previously thought that a third method was available to challenge the qualifications of a senator, by initiating proceedings under section 3 of the Common Informers Parliamentary Disqualifications Act against a senator alleged to be disqualified.

This Act supersedes section 46 of the Constitution s. However, the High Court, in Alley v Gillespie [] HCA 11, held that an action under the Common Informers Act could succeed only where a senator or member had first been found ineligible under one of the other two methods, outlined above.

The High Court has adjudicated a number of aspects of section 44 of the Constitution as it applies to both candidates and sitting senators and members. For a candidate, the critical point is nomination, which begins the process of being chosen Sykes v Cleary No. To be eligible for election, a candidate must be clear of any of the grounds for disqualification at the time of nomination Free v Kelly No.

As noted earlier, during the 45th Parliament a number of senators were found by the High Court, sitting as the Court of Disputed Returns, to have been incapable of being chosen, under section 44 of the Constitution. Prior to the 45th Parliament, it was generally understood that paragraph 44 i applies to a person who has formally or informally acknowledged allegiance, obedience or adherence to a foreign power and who has not withdrawn or revoked that allegiance Nile v Wood CLR To qualify for election, it was not considered enough for a person to have become an Australian citizen unless that person had also taken reasonable steps to renounce foreign nationality Sue v Hill CLR What amounted to reasonable steps would depend on the circumstances of the particular case Sykes v Cleary No.

In , the High Court made orders and delivered its judgment on questions concerning the qualifications of six senators and one member of the House of Representatives Re Canavan [] HCA



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