Powell v. McCormack
E557778
Powell v. McCormack is a landmark 1969 U.S. Supreme Court case that limited Congress’s power to exclude a duly elected member, holding that it could not refuse to seat Adam Clayton Powell Jr. when he met all constitutional qualifications.
Statements (50)
| Predicate | Object |
|---|---|
| instanceOf |
United States Supreme Court case
ⓘ
landmark case ⓘ |
| areaOfLaw |
election law
ⓘ
federal courts ⓘ legislative powers ⓘ |
| arguedDate |
1968-11-18
ⓘ
1968-11-19 ⓘ |
| chiefJusticeAtDecision | Earl Warren NERFINISHED ⓘ |
| citation | 395 U.S. 486 ⓘ |
| concurrenceBy |
Abe Fortas
NERFINISHED
ⓘ
Byron White NERFINISHED ⓘ Hugo Black NERFINISHED ⓘ John Marshall Harlan II NERFINISHED ⓘ William J. Brennan Jr. NERFINISHED ⓘ William O. Douglas NERFINISHED ⓘ |
| constitutionalProvisionInterpreted |
Article I, Section 2, Clause 1 of the United States Constitution
NERFINISHED
ⓘ
Article I, Section 2, Clause 2 of the United States Constitution ⓘ Article I, Section 5, Clause 1 of the United States Constitution NERFINISHED ⓘ Article I, Section 5, Clause 2 of the United States Constitution NERFINISHED ⓘ |
| country |
United States of America
ⓘ
surface form:
United States
|
| court | Supreme Court of the United States ⓘ |
| decisionDate | 1969-06-16 ⓘ |
| defendant | John W. McCormack NERFINISHED ⓘ |
| defendantOffice | Speaker of the United States House of Representatives NERFINISHED ⓘ |
| dissentBy | Potter Stewart NERFINISHED ⓘ |
| distinctionDrawn | difference between exclusion and expulsion of a member of Congress ⓘ |
| effect | limited Congress’s power to refuse to seat duly elected members who meet constitutional qualifications ⓘ |
| holding |
Congress may not exclude a duly elected member who meets the Constitution’s standing qualifications for membership in the House of Representatives
ⓘ
The House of Representatives may judge only the qualifications expressly set forth in the Constitution for its members ⓘ The House of Representatives may not add to the constitutional qualifications for membership by excluding a member-elect ⓘ |
| issue |
justiciability of disputes over congressional membership
ⓘ
scope of congressional power to exclude a member-elect ⓘ |
| jurisdiction | federal question jurisdiction ⓘ |
| legalDoctrine |
case or controversy requirement
ⓘ
political question doctrine ⓘ separation of powers ⓘ |
| majorityOpinionBy | Earl Warren NERFINISHED ⓘ |
| originatingBody | United States House of Representatives NERFINISHED ⓘ |
| page | 486 ⓘ |
| plaintiff | Adam Clayton Powell Jr. NERFINISHED ⓘ |
| rearguedDate |
1969-03-10
ⓘ
1969-03-11 ⓘ |
| relatedTo |
expulsion of members of Congress
ⓘ
qualifications for membership in the United States House of Representatives ⓘ |
| reporter | United States Reports ⓘ |
| subjectOf | United States constitutional law ⓘ |
| term | Warren Court NERFINISHED ⓘ |
| volume | 395 ⓘ |
| vote | 7–1 ⓘ |
| yearDecided | 1969 ⓘ |
Referenced by (2)
Full triples — surface form annotated when it differs from this entity's canonical label.