What was the Powell vs mccormack case about?

Answer 1

Powell v. McCormack, 395 U.S. 486 (1969) was a United States Supreme Court case decided in 1969. It answered the question of whether Congress can exclude from serving in Congress a person who has been elected and who meets the requirements of the United States Constitution for serving in Congress. Adam Clayton Powell, Jr., a senior member of the United States House of Representatives, was embroiled in scandal, specifically around allegations that he had refused to pay a judgment ordered by a New York court, misappropriated congressional travel funds, and illegally paid his wife a congressional staff salary for work she had not done. Nevertheless, Powell was reelected in the 1966 election. In January 1967, the 90th Congress convened, Speaker of the House John William McCormack asked Representative Powell to abstain from taking the oath of office. Then the House passed H.Res. 1, which stripped Powell of his House Committee chairmanship, excluded him from taking his seat, and created a select committee to investigate Powell's misdeeds. After the select committee conducted its investigation and hearings, in March 1967, the House passed H.Res. 278 by a vote of 307 to 116, which again excluded Powell from Congress and also censured him, fined him $40,000, took away his seniority, and declared his United States District Court for the District of Columbia, naming McCormack and five other members as defendants. He also named the Clerk of the House, the Sergeant at Arms, and the Doorkeeper. Most of these parties were named in an effort to get injunctions barring the enforcement of H.Res.278: : :* To prevent the Speaker from refusing to administer the oath of office :* To prevent the Clerk from "refusing to perform the duties due a Representative" :* To prevent the Sergeant at Arms from withholding Powell's salary :* To prevent the Doorkeeper from barring Powell from Congressional chambers The suit claimed that excluding Powell amounted to an expulsion but that an expulsion would not have garnered the necessary two-thirds vote. The district court dismissed the class for lack of subject-matter jurisdiction. An appellate court overturned the ruling, stating that the federal courts have subject-matter jurisdiction but dismissed the case nonetheless for a lack of justiciability. While the suit was making its way through the court system, Powell was re-elected in the 1968 election, and was ultimately re-seated in the 91st Congress, which passed H.Res. 2, merely fining him $25,000. Because he was seated when the case came to court, the defendants argued that the case was moot. Powell v. McCormack, 395 U.S. 486 (1969) was a United States Supreme Court case decided in 1969. It answered the question of whether Congress can exclude from serving in Congress a person who has been elected and who meets the requirements of the United States Constitution for serving in Congress. Adam Clayton Powell, Jr., a senior member of the United States House of Representatives, was embroiled in scandal, specifically around allegations that he had refused to pay a judgment ordered by a New York court, misappropriated congressional travel funds, and illegally paid his wife a congressional staff salary for work she had not done. Nevertheless, Powell was reelected in the 1966 election. In January 1967, the 90th Congress convened, Speaker of the House John William McCormack asked Representative Powell to abstain from taking the oath of office. Then the House passed H.Res. 1, which stripped Powell of his House Committee chairmanship, excluded him from taking his seat, and created a select committee to investigate Powell's misdeeds. After the select committee conducted its investigation and hearings, in March 1967, the House passed H.Res. 278 by a vote of 307 to 116, which again excluded Powell from Congress and also censured him, fined him $40,000, took away his seniority, and declared his seat vacant. Powell, along with 13 of his constituents, filed suit in the United States District Court for the District of Columbia, naming McCormack and five other members as defendants. He also named the Clerk of the House, the Sergeant at Arms, and the Doorkeeper. Most of these parties were named in an effort to get injunctions barring the enforcement of H.Res.278: : :* To prevent the Speaker from refusing to administer the oath of office :* To prevent the Clerk from "refusing to perform the duties due a Representative" :* To prevent the Sergeant at Arms from withholding Powell's salary :* To prevent the Doorkeeper from barring Powell from Congressional chambers The suit claimed that excluding Powell amounted to an expulsion but that an expulsion would not have garnered the necessary two-thirds vote. The district court dismissed the class for lack of subject-matter jurisdiction. An appellate court overturned the ruling, stating that the federal courts have subject-matter jurisdiction but dismissed the case nonetheless for a lack of justiciability. While the suit was making its way through the court system, Powell was re-elected in the 1968 election, and was ultimately re-seated in the 91st Congress, which passed H.Res. 2, merely fining him $25,000. Because he was seated when the case came to court, the defendants argued that the case was moot.