Powell v McCormack Flashcards

Questions and Answers

What violations did Adam Powell commit that led to Congress's inquiry?

Used federal money to fly a woman staff member with him on trips

Refused to pay damages in a defamation case

Paid his former wife a salary despite her not working for him

All of the above (correct)

What did the House do to Adam Powell after finding violations?

Fined him $40k, removed his seniority, and refused his seat.

Powell was not re-elected after the violations were discovered.

False

What principle did Madison argue for regarding qualifications for Congress members?

Congress should not exclude any person duly elected who meets all constitutional requirements. Signup and view all the answers

What was resolved regarding Powell's claim about back pay?

It was moot as he was already seated again Signup and view all the answers

What did Madison argue would occur if the legislature had the authority to establish uniform qualifications?

It would subvert the Constitution and lead to an aristocracy or an oligarchy. Signup and view all the answers

Had Powell been excluded again, there would have been a case.

True Signup and view all the answers

Study Notes

Facts

Adam Powell was a prominent congressman who chaired the House Committee on Education and Labor.
Faced a defamation case and declined to pay damages.
Investigated by Congress for two main violations of House rules:
- Used federal funds to fly a female staff member on personal trips.
- Paid a salary of $20,000 to his ex-wife, who did not work for him.
Despite being re-elected, the House refused to seat Powell, fining him $40,000, stripping away his seniority.
Filed a lawsuit arguing a violation of the qualification clause of the Constitution.
Eventually seated again in the next Congress.

Holding

Powell's claim included back pay, ensuring the case was not moot.
Asserted that the House has no authority to exclude a duly elected member who meets constitutional qualifications.
The Constitution defines "standing incapacities" rather than extra requirements for membership.
Historical context:
- On August 10, the Constitutional Convention debated the legislature's authority to set uniform qualifications; Madison opposed this view to prevent the rise of an aristocracy or oligarchy.
- Madison advocated for expulsion powers to require a supermajority to maintain Congress's stability.
The constitutional framework ensures that voters choose their representatives; the House cannot create additional exclusionary rules.
Historically, Congress has adhered to constitutional qualifications, even during civil unrest.
Powell’s exclusion would violate democratic principles; the Constitution serves as the only standard for membership qualifications.

Dissent

The case became moot as Powell was already reinstated in Congress.
The primary aim of Powell's legal action was to reclaim his seat, which he had achieved.
Arguing against the relevance of the case as Powell no longer had a direct stake in the outcome concerning his membership status.

Description

Test your understanding of the Powell v. McCormack case with these flashcards. This quiz covers key facts and events surrounding the controversies involving Congressman Adam Powell. Perfect for students of law or political science.