[2] A born citizen will at twenty-five years of age have been a citizen for twenty-five years. A naturalized citizen must have lived in the United States for at least twelve years, [Footnote: Eight years in the case of an honorably discharged soldier who may become a citizen on one year’s residence.] five years to become a citizen and seven years afterwards, before being eligible to the house of representatives. These twelve years will have given him time to become “Americanized.”
[3] Residence in the state is required in order that the state may be represented by persons interested in its welfare. No length of time is specified, however. Residence in the district is not required by the constitution, because the distribution of representatives within a state is left to the state itself. A person may be chosen to represent a district in which he does not live, and this has been done in a few instances. One does not lose his seat by moving from the district or even from the state, but propriety would impel resignation.
WHO MAY NOT BE REPRESENTATIVES.
1. Persons holding any office under the United States. [I., 6, 2.]
2. Persons who by engaging in rebellion against the United States have violated their oath to support the constitution, unless the disability be removed. [Am. XIV., 3.]
Clause 3.—Apportionment.
The parts of this clause enclosed in brackets are now obsolete.
Representatives and direct taxes[1] shall be apportioned among the several states which may be included within this Union, according to their respective numbers,[2] [which shall he determined by adding to the whole number of free persons[3] including those bound to service [4] for a number of years, and] excluding Indians not taxed, [three-fifths of all other persons.[5]] The actual enumeration[6] shall he made within three years after the first meeting of the congress of the United States,[7] and within every subsequent term of ten years, in such manner as they shall by law direct. The number of representatives shall not exceed one for every thirty thousand,[8] but each state shall have at least one representative,[9] [and until such enumeration shall he made, the State of New Hampshire, shall be entitled to choose three, Massachusetts eight, Rhode Island and Providence Plantations one, Connecticut five, New York six, New Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North Carolina five, South Carolina five, and Georgia three.]
[1] These are like the usual local taxes; that is, “poll” taxes and taxes on real and personal property. A tax on incomes derived from such property was, in May, 1895, declared by the United States Supreme Court to be a direct tax. United States direct taxes have been laid only in 1798, 1813, 1815, 1816, 1862.
[2] The revolutionary war had just been fought to maintain the principle, “taxation and representation go hand in hand,” and this provision was made in harmony therewith. The including of direct taxes was a concession to the slaveholding states.