Jump to Article

Jump to Amendment

Qualifications and Quorum

Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members, and a Majority of each shall constitute a Quorum to do Business; but a smaller Number may adjourn from day to day, and may be authorized to compel the Attendance of absent Members, in such Manner, and under such Penalties as each House may provide.
article I
Section
5
Clause
1
Related Citations

Noting that “[t]hose defenders of the Constitution who did not share Anti-Federalist doubts argued that the inherent legislative responsibility to ‘Judge of the Elections, Returns, and Qualifications of its own Members’ included authority to ensure that elections were conducted fairly.”

Noting that the grant of power to the legislature to “be the judge of the elections, returns, and qualifications of its own members” is an instance of unreviewable discretion vested in a branch and arguing that such grants, when made, are made explicitly.

Noting that “it seems that Congress, not the courts, was given the power to judge whether a person has met the qualifications established by the Constitution.”

Interactive Constitution: Feedback Form

Have we missed an article? Please let us know of any additional scholarship that should be included in the Interactive Constitution.