It is required by the Constitution that Representatives shall have attained the age of twenty-five years, have been seven years citizens of the United States,2 and be, when elected, inhabitants of the State in which they are chosen.3 Senators are required to be thirty or more years of age, to have been nine years citizens of the United States, and to be, when elected, inhabitants of the State for which they are chosen.4
1 Cf. Reinseh, American Legislatures, Chapter I.
2 This requirement was satisfied in the first congress by assuming that the citizenship demanded could be dated from the time of the Articles of Confederation, if not indeed, from the Declaration of Independence.
3 Art. I, Sec. II, Cl. 2. 4 Art. I, Sec. II, Cl. 3.
It is furthermore provided by the Constitution that "no person holding any office under the United States shall be a member of either house during his continuance in office."5
Furthermore, by Section 3 of the Fourteenth Amendment it is declared that: "No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or nnder any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any state legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House remove such disability."8
It will be observed that habitaney and not mere residency in a State is required. Habitaney implies greater permanency than does residence. "A man's residence is often a legal conclusion from statements showing his intention. Habitaney is a physical fact which may be proved by eye witnesses."7
The constitutional provision is that habitaney shall exist at the time of election. It is thus legally possible for a member of Congress, after election, to become the inhabitant of another State without thereby forfeiting his seat,