Powell V. McCormack
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Powell V. McCormack
''Powell v. McCormack'', 395 U.S. 486 (1969), is a United States Supreme Court case that held that the Qualifications of Members Clause of Article I of the US Constitution is an exclusive list of qualifications of members of the House of Representatives, which may exclude a duly-elected member for only those reasons enumerated in that clause. Background 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 paid his wife a congressional staff salary for work she had not done. Powell was re-elected in the 1966 election. When the 90th Congress convened and in January 1967, Speaker of the House John William McCormack asked Representative Powell to abstain from taking the oath of office. The House adopted , which stripped Powell of his House Committee chairmanship, excluded h ...
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Adam Clayton Powell Jr
Adam Clayton Powell Jr. (November 29, 1908 – April 4, 1972) was an American Baptist pastor and politician who represented the Harlem neighborhood of New York City in the United States House of Representatives from 1945 until 1971. He was the first African American to be elected to Congress from New York, as well as the first from any state in the Northeast. Re-elected for nearly three decades, Powell became a powerful national politician of the Democratic Party, and served as a national spokesman on civil rights and social issues. He also urged United States presidents to support emerging nations in Africa and Asia as they gained independence after colonialism. In 1961, after 16 years in the House, Powell became chairman of the Education and Labor Committee, the most powerful position held by an African American in Congress. As chairman, he supported the passage of important social and civil rights legislation under presidents John F. Kennedy and Lyndon B. Johnson. Followi ...
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United States District Court For The District Of Columbia
The United States District Court for the District of Columbia (in case citations, D.D.C.) is a federal district court in the District of Columbia. It also occasionally handles (jointly with the United States District Court for the District of Hawaii and the High Court of American Samoa) federal issues that arise in the territory of American Samoa American Samoa ( sm, Amerika Sāmoa, ; also ' or ') is an unincorporated territory of the United States located in the South Pacific Ocean, southeast of the island country of Samoa. Its location is centered on . It is east of the Internationa ..., which has no local federal court or United States territorial court, territorial court.https://www.gao.gov/products/GAO-08-1124T U.S. Government Accountability Office. AMERICAN SAMOA: Issues Associated with Some Federal Court Options. September 18, 2008. Retrieved September 7, 2019. Appeals from the District are taken to the United States Court of Appeals for the District of Columbia C ...
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91st United States Congress
The 91st United States Congress was a meeting of the legislative branch of the United States federal government, composed of the United States Senate and the United States House of Representatives. It met in Washington, DC from January 3, 1969, to January 3, 1971, during the final weeks of the presidency of Lyndon Johnson and the first two years of the first presidency of Richard Nixon. The apportionment of seats in this House of Representatives was based on the Eighteenth Census of the United States in 1960. Both chambers had a Democratic majority - albeit with losing their supermajority status in the Senate. With Richard Nixon being sworn in as President on January 20, 1969, this ended the Democrats' overall federal government trifecta that they had held since the 87th Congress. Major events *January 20, 1969: Richard M. Nixon became 37th President of the United States. Major legislation * December 30, 1969: Tax Reform Act of 1969, * December 30, 1969: Federal ...
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United States House Of Representatives Elections, 1968
The 1968 United States House of Representatives elections were elections for the United States House of Representatives in 1968 which coincided with Richard M. Nixon's election as President. Nixon's narrow victory yielded only limited gains for his Republican Party, which picked up a net of five seats from the Democratic Party. The Democrats retained a majority in the House. The election coincided with the presidential campaign of George Wallace of the American Independent Party, who unsuccessfully attempted to deny a majority in the Electoral College to any of his opponents. Had Wallace succeeded he would have given the House the choice of president from among the three, for the first time since 1825. As a result of this election, Democrats formed a majority of 26 state House delegations, with Republicans forming a majority in 19 and the other five delegations being evenly split (each state's House delegation receives one vote in such an election). However, the Democrats' n ...
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Political Question
In United States constitutional law, the political question doctrine holds that a constitutional dispute that requires knowledge of a non-legal character or the use of techniques not suitable for a court or explicitly assigned by the Constitution to the U.S. Congress, or the President of the United States, lies within the political, rather than the legal, realm to solve, and judges customarily refuse to address such matters. The idea of a political question is closely linked to the concept of justiciability, as it comes down to a question of whether or not the court system is an appropriate forum in which to hear the case. This is because the court system only has the authority to hear and decide a legal question, not a political one. Legal questions are deemed to be justiciable, while political questions are nonjusticiable.Huhn, Wilson R. ''American Constitutional Law Volume 1''. 2016. One scholar explained: A ruling of nonjusticiability, in the end, prevents the issue that ...
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Justiciability
Justiciability concerns the limits upon legal issues over which a court can exercise its judicial authority. It includes, but is not limited to, the legal concept of standing, which is used to determine if the party bringing the suit is a party appropriate to establishing whether an actual adversarial issue exists. Essentially, justiciability seeks to address whether a court possesses the ability to provide adequate resolution of the dispute; where a court believes that it cannot offer such a final determination, the matter is not justiciable. In the United States Federal courts Justiciability is one of several criteria that the United States Supreme Court uses to make a judgment granting ''writ of certiorari'' ("cert."). For an issue to be justiciable by a United States federal court, all of the following conditions must be met: # The parties must not be seeking an advisory opinion. # There must be an actual controversy between the parties, meaning that the parties ca ...
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Standing (law)
In law, standing or ''locus standi'' is a condition that a party seeking a legal remedy must show they have, by demonstrating to the court, sufficient connection to and harm from the law or action challenged to support that party's participation in the case. A party has standing in the following situations: * The party is directly subject to an adverse effect by the statute or action in question, and the harm suffered will continue unless the court grants relief in the form of damages or a finding that the law either does not apply to the party or that the law is void or can be nullified. This is called the "something to lose" doctrine, in which the party has standing because they will be directly harmed by the conditions for which they are asking the court for relief. * The party is not directly harmed by the conditions by which they are petitioning the court for relief but asks for it because the harm involved has some reasonable relation to their situation, and the continued exis ...
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Warren E
A warren is a network of wild rodent or lagomorph, typically rabbit burrows. Domestic warrens are artificial, enclosed establishment of animal husbandry dedicated to the raising of rabbits for meat and fur. The term evolved from the medieval Anglo-Norman concept of free warren, which had been, essentially, the equivalent of a hunting license for a given woodland. Architecture of the domestic warren The cunicularia of the monasteries may have more closely resembled hutches or pens, than the open enclosures with specialized structures which the domestic warren eventually became. Such an enclosure or ''close'' was called a ''cony-garth'', or sometimes ''conegar'', ''coneygree'' or "bury" (from "burrow"). Moat and pale To keep the rabbits from escaping, domestic warrens were usually provided with a fairly substantive moat, or ditch filled with water. Rabbits generally do not swim and avoid water. A ''pale'', or fence, was provided to exclude predators. Pillow mounds The most ch ...
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United States Court Of Appeals For The District Of Columbia Circuit
The United States Court of Appeals for the District of Columbia Circuit (in case citations, D.C. Cir.) is one of the thirteen United States Courts of Appeals. It has the smallest geographical jurisdiction of any of the U.S. federal appellate courts, and covers only one district court: the U.S. District Court for the District of Columbia. It meets at the E. Barrett Prettyman United States Courthouse, near Judiciary Square, Washington, D.C. The D.C. Circuit's prominence and prestige among American federal courts is second only to the U.S. Supreme Court because its geographic jurisdiction contains the U.S. Capitol and the headquarters of many of the U.S. federal government's executive departments and government agencies, and therefore it is the main federal appellate court for many issues of American administrative law and constitutional law. Four of the current nine justices on the Supreme Court were previously judges on the D.C. Circuit including Chief Justice John Roberts, a ...
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Subject-matter Jurisdiction
Subject-matter jurisdiction (also called jurisdiction ''ratione materiae')'' is the authority of a court to hear cases of a particular type or cases relating to a specific subject matter. For instance, bankruptcy court only has the authority to hear bankruptcy cases. Subject-matter jurisdiction must be distinguished from personal jurisdiction, which is the power of a court to render a judgment against a particular defendant, and territorial jurisdiction, which is the power of the court to render a judgment concerning events that have occurred within a well-defined territory. Unlike personal or territorial jurisdiction, lack of subject-matter jurisdiction cannot be waived. A judgment from a court that did not have subject-matter jurisdiction is forever a nullity. To decide a case, a court must have a combination of subject (''subjectam'') and either personal (''personam'') or territorial (''locum'') jurisdiction. Subject-matter jurisdiction, personal or territorial jurisdictio ...
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United States District Court
The United States district courts are the trial courts of the United States federal judiciary, U.S. federal judiciary. There is one district court for each United States federal judicial district, federal judicial district, which each cover one U.S. state or, in some cases, a portion of a state. Each district court has at least one courthouse, and many districts have more than one. District courts' decisions are appealed to the United States courts of appeals, U.S. court of appeals for the circuit in which they reside, except for certain specialized cases that are appealed to the United States Court of Appeals for the Federal Circuit, U.S. Court of Appeals for the Federal Circuit or directly to the Supreme Court of the United States, U.S. Supreme Court. District courts are courts of common law, law, Court of equity, equity, and Admiralty court, admiralty, and can hear both Civil law (common law), civil and Criminal law, criminal cases. But unlike U.S. state courts, federal dis ...
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Doorkeeper Of The United States House Of Representatives
An appointed officer of the United States House of Representatives from 1789 until 1995, the Doorkeeper of the United States House of Representatives was chosen by a resolution at the opening of each United States Congress. The Office of the Doorkeeper was based on precedent from the Continental Congresses. Without debate, the First Federal Congress created the Doorkeeper's position by resolution on April 2, 1789. The Doorkeeper controlled access to the House Chamber and eventually oversaw the press in the gallery. The doorkeeper’s most visible job was introducing American presidents and foreign dignitaries to Congress. For 18 years, before the State of the Union address, Doorkeeper James T. Molloy announced, "Mister Speaker, the president of the United States.” The office of Doorkeeper was abolished during the 104th Congress (). Thirty-three Doorkeepers served until the position was abolished and the office's duties were divided among the Sergeant at Arms, the Clerk of the ...
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