POWELL V. MCCORMACK 395 U.S. 486 (1969) CASE BRIEF

POWELL V. MCCORMACK

395 U.S. 486 (1969)

NATURE OF THE CASE: This case discusses the limitation on federal judicial review based on a political question.

FACTS: The Petitioner, politician Adam Clayton Powell, Jr., (P) pursued declaratory relief in federal district court, claiming that he was unlawfully denied membership in the House of Representative despite being properly elected to service by his New York constituents. While P met the prerequisites for service (age, citizenship and residence) outlined in Article 1, 2 of the U.S. Constitution, Congress rejected P's membership claiming he had engaged in disorderly conduct that involved diversion of House funds and presenting falsified documents to a House Committee. Congress maintains that it receives its authority to impose this sanction pursuant to Article 1, 5 which permits Congress to 'be the judge of the qualification of its own members.' Therefore, the Respondent challenges this suit, asserting that no federal review is available because the Congress' power to resolve this matter has been reserved by Congress through Article 1, 5. The District Court granted respondents' motion to dismiss the complaint 'for want of jurisdiction of the subject matter.' The Court of Appeals affirmed on somewhat different grounds. While the case was pending in this Court, the 90th Congress ended and P was elected to and seated by the 91st Congress. Respondents contend that (1) the case is moot; (2) the Speech or Debate Clause (Art. I, 6) forecloses judicial review; (3) the decision to exclude P is supported by the expulsion power in Art. I, 5, under which the House, which 'shall be the Judge of the . . . Qualifications of its own embers,' can by a two-thirds vote (exceeded here) expel a member for any reason at all; (4) the Court lacks subject matter jurisdiction over this litigation, or, alternatively, (5) the litigation is not justiciable under general criteria or because it involves a political question.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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