Unseated members of the United States Congress

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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:

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"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."

The Federal Contested Elections Act of 1969 currently lays out the procedures by which each House determines contested elections.

Unseated members of Congress

1868–1900: Post-Civil-War South

Members not seated under the Disqualification Clause during this period include: [5]

1872–1907: Utah Mormons

1899–1926: Contested elections and criminal charges

1967–2009: Contested elections and corruption charges

See also

References

  1. Brown, DeNeen L. (October 28, 2021). "He was the first black man elected to Congress. But white lawmakers refused to seat him". The Washington Post . Washington, D.C. ISSN   0190-8286 . Retrieved July 12, 2024.
  2. Stavis, Morton (1987). "A Century of Struggle for Black Enfranchisement in Mississippi: From the Civil War to the Congressional Challenge of 1965—and Beyond"". Mississippi Law Journal. 57 (3): 593–599 via Internet Archive.
  3. Kousser, J. Morgan (1974). The Shaping of Southern Politics: Suffrage Restriction and the Establishment of the One-Party South, 1880–1910. New Haven, Connecticut: Yale University Press. Retrieved August 5, 2024.
  4. Congressional Quarterly (2005). Guide to U.S. elections . CQ Press. p. 948fn. ISBN   9781568029818 via Internet Archive.
  5. "The Precedent for 14th Amendment Disqualification". Citizens for Responsibility and Ethics in Washington. August 17, 2023. Retrieved August 5, 2024.
  6. "U.S. Senate: The Election Case of William A. Clark of Montana (1900)". www.senate.gov. Retrieved December 5, 2017.
  7. Congressional Biography
  8. "Victor L. Berger | Encyclopedia of Milwaukee". emke.uwm.edu. Retrieved February 5, 2018.
  9. Frank Lloyd Wright Library Archived September 17, 2018, at the Wayback Machine , Frank L. Smith photographs, US Senate campaign brochure, accessed September 16, 2017
  10. Senate Historical Office, United States Senate. "The Election Case of Frank L. Smith of Illinois (1928)". senate.gov.
  11. "Congressional Record - Senate" (PDF). govinfo.gov. January 19, 1927. pp. 1911–1982.
  12. Beers, Paul B. (1980). Pennsylvania Politics Today and Yesterday: The Terrible Accommodation. Pennsylvania State University Press. ISBN   0-271-00238-7.
  13. "U.S. Senate: The Election Case of William B. Wilson vs. William S. Vare of Pennsylvania (1929)". www.senate.gov. Retrieved January 3, 2019.
  14. Dudden, Arthur P. (1982). "The City Embraces 'Normalcy', 1919–1929". In Weigley, Russell F.; Wainwright, Nicholas B.; Wolf, Edwin II (eds.). Philadelphia: A 300 Year History. New York: W. W. Norton. p. 584. ISBN   978-0-393-01610-9.
  15. "Closed for Business". www.digitalhistory.hsp.org. Retrieved January 2, 2019.
  16. "Burris v. White, Illinois Supreme Court, No. 107816" (PDF). January 9, 2009.
  17. Donning, Mike (January 5, 2009). "U.S. Senate officer rejects Burris' paperwork to fill seat". Chicago Tribune . Retrieved January 5, 2009.
  18. Espos, David (January 5, 2009). "Burris says he's senator — but Dems won't seat him". Yahoo! News. Associated Press. Archived from the original on January 8, 2009. Retrieved January 6, 2009.
  19. Mihalopoulos, Dan (January 10, 2009). "Supreme Court ruling gives Burris the Senate seat, attorney says". Chicago Tribune.
  20. Raju, Manu; Bresnahan, John (January 12, 2009). "Dems accept Burris into the Senate". Politico.{{cite news}}: CS1 maint: multiple names: authors list (link)
  21. "Senate Dems expect to seat Burris Thursday: Burris: 'I really never doubted that I would be seated'". NBC News. Microsoft. January 13, 2009. Retrieved January 14, 2009.
  22. Davis, Susan (January 13, 2009). "Roland Burris to Be Sworn In as Senator on Thursday". The Wall Street Journal . Dow Jones & Company, Inc. Retrieved January 14, 2009.
  23. Hulse, Carl (January 15, 2009). "Burris Is Sworn In". New York Times . Retrieved January 15, 2009.