Question

The U.S. House of Representatives has created a committee to no longer allow short members of congress to be seated after an election, unless they are taller than 6 feet. Shorty Smith wins his election in his district, but standing only 5 feet 5 inches tall, congress votes 307-116 to not seat Shorty Smith. Shorty Smith, obviously outraged, files a petition with the Supreme Court to force congress to seat him. Can Congress keep Shorty Smith from taking his seat by merely voting against him?

Answer 1

No, Congress cannot keep Shorty Smith from taking his seat.

Step-by-step explanation:

In Powell v. McCormack, 395 U.S. 486 (1969), the Supreme Court ruled that Congress can only refuse to seat an elected member when that person does not meet specific constitutional requirements: minimum age (25 for representatives and 35 for senators), must be American citizens for at least 7 years (it s the US Congress), and live in the state that they represent (not necessarily the same district though).