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by pvg 3080 days ago
Why do you think the right to vote is related to the ability to run for federal office? They don't appear to be. I'm no sort of legal expert myself but it seems states have significant say in who gets to vote - a thread that runs through the entirety of US history, is the subject of several constitutional amendments and continues to this day.

The qualifications to run for Congress, on the other hand, are explicitly spelled out in the original document. It's not clear to me anything other than a federal law can add any additional restrictions like, say, the Hatch Act does.

1 comments

Can federal law add restrictions beyond those in the Constitution for eligibility to Congress? I didn't think it could.
I threw this in mostly as a hedge so that someone who knows better doesn't slap me around with the Hatch act.

It seems like the converse is true, though, states don't get to define qualifications - U.S. Term Limits, Inc. v. Thornton, 514 U.S. 779 (1995)

"Second, even if the States possessed some original power in this area, it must be concluded that the Framers intended the Constitution to be the exclusive source of qualifications for Members of Congress, and that the Framers thereby "divested" States of any power to add qualifications."