Powell v. McCormack

Powell v. McCormack settled many long-standing questions about the constitutional status of membership in Congress.

Article I, Section 1 of the U.S. Constitution sets out the qualifications for a member of Congress. It states that a House member must be at least 25 years old, a U.S. citizen for at least seven years, and a resident of a district from which he or she was elected. The House can, however, expel a member for conduct "inconsistent with the trust and duty of a member," on a two-thirds vote. This case hinges on an attempt by the House to exclude, rather than expel, a duly elected member.

Adam Clayton Powell, an African American congressman from New York, had been duly elected to serve in the 90th Congress. However, he was denied his seat when a majority of the House of Representatives voted to exclude him. The House's action followed charges that Powell had misappropriated public funds and abused the process of the New York courts. Powell and a group of his constituents filed suit in the district court against Speaker of the House John McCormack and other House officials, alleging that the resolution to exclude him violated his constitutional right to serve so long as he met the specified age, citizenship, and residence requirements. Powell, who was subsequently re-elected to his seat in a special election, sought back pay along with recompense for other damages.