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Wiz Imp

(8,680 posts)
15. He has no such power to do that.
Wed Sep 10, 2025, 07:36 AM
Sep 2025
https://en.wikipedia.org/wiki/Unseated_members_of_the_United_States_Congress

Both houses of the United States Congress have refused to seat new members based on Article I, Section 5 of the United States Constitution which states that:

"Each House shall be the judge of the elections, returns and qualifications of its own members, and a majority of each shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and may be authorized to compel the attendance of absent members, in such manner, and under such penalties as each House may provide."


This had been interpreted that members of the House of Representatives and of the Senate could refuse to recognize the election or appointment of a new representative or senator for any reason, often political heterodoxy or criminal record.

However, the U.S. Supreme Court, in Powell v. McCormack (1969), limited the powers of the Congress to refuse to seat an elected member to when the individual does not meet the specific constitutional requirements of age, citizenship or residency. From the decision by Chief Justice Earl Warren: "Therefore, we hold that, since Adam Clayton Powell Jr., was duly elected by the voters of the 18th Congressional District of New York and was not ineligible to serve under any provision of the Constitution, the House was without power to exclude him from its membership."

Recommendations

1 members have recommended this reply (displayed in chronological order):

Plus there is an upcoming election in Arizona gab13by13 Sep 2025 #1
Yes indeed malaise Sep 2025 #2
I think there's a House election in Texas too. Dulcinea Sep 2025 #22
217 to force a vote if they get one republican with the semblance of a moral spine SSJVegeta Sep 2025 #3
THIS malaise Sep 2025 #6
What the GOP would do Johnny2X2X Sep 2025 #18
Sounds right SSJVegeta Sep 2025 #23
Another Special Election in 2 weeks which the Democrat will win. Wiz Imp Sep 2025 #4
I mean. The discharge petition is happening. SSJVegeta Sep 2025 #8
Raul's daughter, Adelita, won the Dem primary WyLoochka Sep 2025 #11
Post edited and fixed. Thanks. Wiz Imp Sep 2025 #13
Daughter, not wife. nt Celerity Sep 2025 #12
Post edited and fixed. Thanks. Wiz Imp Sep 2025 #14
Cheers Celerity Sep 2025 #17
Good! BlueWaveNeverEnd Sep 2025 #5
Woot woot! Billsdaughter Sep 2025 #7
k;r CatWoman Sep 2025 #9
I'm starting to wonder if Johnson will actually seat them jgmiller Sep 2025 #10
He has no such power to do that. Wiz Imp Sep 2025 #15
Thanks I hadn't heard of that case before jgmiller Sep 2025 #16
We've got an entirely different kind of court now Bettie Sep 2025 #19
The new Representative from Virginia will be sworn into Congress before the end of the week Wiz Imp Sep 2025 #20
I hope so Bettie Sep 2025 #21
James Walkinshaw was sworn into Congress on Wednesday, September 10, the day after he won the special election Wiz Imp Sep 2025 #24
Good, but I still don't trust Bettie Sep 2025 #25
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