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MMLU / The state registrar of elections refused to put a candidate's name on the ballot…

Problem

Answer published by the source. Consult the official source to check your work against its answer.

question

The state registrar of elections refused to put a candidate's name on the ballot because the registrar believed that the candidate was not a resident of the state. The registrar contended that Article I, Section 2 of the U. S. Constitution specifically required a candidate for the House of Representatives "be an Inhabitant of that State in which he shall be chosen. " As a consequence, the candidate filed suit in state court against the registrar of elections seeking to have her name placed on the ballot. The state court ruled in her favor and determined that the candidate did, in fact, qualify as a resident of the state. The registrar appealed the decision to the state supreme court which, in turn, affirmed the lower court ruling. Thereafter, the candidate's name was placed on the ballot. After a hotly contested election, the candidate narrowly defeated the incumbent. However, at the time that the candidate was to be seated as a House member, the House of Representatives held hearings on her qualifications and eligibility. By a two-thirds vote, the House determined that the candidate was not a resident of the state at the time of her election and refused to seat her. The candidate then brought suit in federal district court against the Speaker and other officers of the House, seeking back pay and an order that she be seated in the House of Representatives. The defendants demurred, claiming lack of subject matter jurisdiction. Which of the following is the strongest constitutional argument supporting the defendants' demurrer?

choices

  1. There is no case or controversy between the candidate and the officers of the House of Representatives.
  2. The case presents a nonjusticiable political question.
  3. The suit should have been brought as an original action in the U. S. Supreme Court.
  4. Under Article III of the Constitution, the federal courts are not empowered to render advisory opinions.

subject

professional_law

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Source and history

task_id
70da6563-2c94-58e2-a7a6-4af294e8f54e
task_key
all--test--70da6563-2c94-58e2-a7a6-4af294e8f54e
task_revision_id
1
config / split
all / test

Official source

initial import