Unseated members of the United States Congress

Last updated

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:

Contents

"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

1869-1900: Post-Civil-War South

1872-1907: Utah Mormons

1899-1926: Contested elections and criminal charges

1967-2009: Contested elections and corruption charges

See also

Related Research Articles

Congressional Black Caucus Caucus comprising most African American members of the United States Congress

The Congressional Black Caucus (CBC) is a caucus made up of most African-American members of the United States Congress. Representative Karen Bass from California has chaired the caucus since 2019. As of 2020, all members of the caucus are part of the Democratic Party.

United States congressional delegations from Utah Wikipedia list article

Since Utah became a U.S. state in 1896, it has sent congressional delegations to the United States Senate and United States House of Representatives. Each state elects two senators to serve for six years. Before the Seventeenth Amendment in 1913, senators were elected by the Utah State Legislature. Members of the House of Representatives are elected to two-year terms, one from each of Utah's four congressional districts. Before becoming a state, the Territory of Utah elected a non-voting delegate at-large to Congress from 1850 to 1896.

1974 United States Senate elections

The 1974 United States Senate elections were held in the wake of the Watergate scandal, Richard M. Nixon's resignation from the presidency, and Gerald Ford's subsequent pardon of Nixon. Economic issues, specifically inflation and stagnation, were also a factor that contributed to Republican losses. As an immediate result of the November 1974 elections, Democrats made a net gain of three seats from the Republicans, as they defeated Republican incumbents in Colorado and Kentucky and picked up open seats in Florida and Vermont, while Republicans won the open seat in Nevada. Following the elections, at the beginning of the 94th U.S. Congress, the Democratic caucus controlled 61 seats and the Republican caucus controlled 38 seats.

John A. Durkin

John Anthony Durkin was an American politician who served as a Democratic U.S. Senator from New Hampshire from 1975 until 1980.

Louis C. Wyman

Louis Crosby Wyman was an American politician from the Republican Party. He was a U.S. Representative and, for three days, a U.S. Senator from New Hampshire. This was one of the shortest tenures in Senate history.

1796 and 1797 United States House of Representatives elections House elections for the 5th U.S. Congress

Elections to the United States House of Representatives for the 5th Congress took place in the various states took place between August 12, 1796, and October 15, 1797. The first session was convened on May 15, 1797, at the proclamation of the new President of the United States, John Adams. Since Kentucky and Tennessee had not yet voted, they were unrepresented until the second session.

James Brian Durkin is a Republican member of the Illinois House of Representatives, representing the 82nd District since 2006 when he was sworn in to replace Eileen Lyons after she retired mid-term. Durkin previously represented the 44th District from January 1995 to January 2003. In August 2013, he was elected the Minority Leader of the Illinois House of Representatives.

Roland Burris American politician and attorney

Roland Wallace Burris is an American politician and attorney who is a former United States Senator from the state of Illinois and a member of the Democratic Party.

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.

Party divisions of United States Congresses Overview of the party divisions of United States Congresses

Party divisions of United States Congresses have played a central role in the organization and operations of both chambers of the United States Congress—the Senate and the House of Representatives—since its establishment as the bicameral legislature of the Federal government of the United States in 1789. Political parties had not been anticipated when the U.S. Constitution was drafted in 1787, nor did they exist at the time the first Senate elections and House elections occurred in 1788 and 1789. Organized political parties developed in the U.S. in the 1790s, but political factions—from which organized parties evolved—began to appear almost immediately after the 1st Congress convened. Those who supported the Washington administration were referred to as "pro-administration" and would eventually form the Federalist Party, while those in opposition joined the emerging Democratic-Republican Party.

115th United States Congress 2017–2019 legislative term

The 115th United States Congress was a meeting of the legislative branch of the United States of America federal government, composed of the Senate and the House of Representatives. It met in Washington, D.C., from January 3, 2017, to January 3, 2019, during the final weeks of Barack Obama's presidency and the first two years of Donald Trump's presidency. The seats in the House were apportioned based on the 2010 United States Census.

2008 United States elections

The 2008 United States elections were held on November 4. Democratic Senator Barack Obama of Illinois won the presidential election, and Democrats bolstered their majority in both houses of Congress.

The following table indicates the party of elected officials in the U.S. state of New Hampshire:

Expulsion is the most serious form of disciplinary action that can be taken against a Member of Congress. The United States Constitution provides that "Each House [of Congress] may determine the Rules of its proceedings, punish its members for disorderly behavior, and, with the concurrence of two-thirds, expel a member." The processes for expulsion differ somewhat between the House of Representatives and the Senate.

Rod Blagojevich corruption charges

In December 2008, then-Governor of Illinois Rod Blagojevich and his Chief of Staff John Harris were charged with corruption by federal prosecutor Patrick Fitzgerald. As a result, Blagojevich was impeached by the Illinois General Assembly and removed from office by the Illinois Senate in January 2009. The federal investigation continued after his removal from office, and he was indicted on corruption charges in April of that year. The jury found Blagojevich guilty of one charge of making false statements with a mistrial being declared on the other 23 counts due to a hung jury after 14 days of jury deliberation. On June 27, 2011, after a retrial, Blagojevich was found guilty of 17 charges, not guilty on one charge and the jury deadlocked after 10 days of deliberation on the two remaining charges. On December 7, 2011, Blagojevich was sentenced to 14 years in prison.

The 1974 and 1975 Elections for United States Senator in New Hampshire, first held November 5, 1974 and held again September 16, 1975, were part of the longest contested election for the U.S. Congress in United States history.

1898 and 1899 United States Senate elections

The United States Senate elections of 1898 and 1899 were landslide elections which had the Republican Party gain six seats in the United States Senate.

117th United States Congress 2021–2023 meeting of U.S. legislature

The 117th United States Congress is the current meeting of the legislative branch of the United States federal government, composed of the U.S. Senate and the U.S. House of Representatives. It convened in Washington, D.C., on January 3, 2021, during the final weeks of Donald Trump's presidency, and will end on January 3, 2023. It will meet during the first two years of Joe Biden's presidency.

2013 United States House of Representatives elections

These six off-year races featured special elections to the 113th United States Congress to fill vacancies due to resignations or deaths in the United States House of Representatives. Two were due to Congressmen taking seats in the United States Senate, one resigned to take jobs in the private sector, one resigned to take a job in the public sector, and one resigned due to an impending federal indictment regarding misuse of campaign funds.

References

  1. Morton Stavis, "A Century of Struggle for Black Enfranchisement in Mississippi: From the Civil War to the Congressional Challenge of 1965 -- and Beyond", 57 Mississippi Law Journal 591 (1987).
  2. J. Morgan Kousser, The Shaping of Southern Politics: Suffrage Restriction and the Establishment of the One-Party South, 1880-1910 (1974)
  3. "U.S. Senate: The Election Case of William A. Clark of Montana (1900)". www.senate.gov. Retrieved December 5, 2017.
  4. Congressional Biography
  5. Frank Lloyd Wright Library, Frank L. Smith photographs, US Senate campaign brochure, accessed September 16, 2017
  6. Senate Historical Office, United States Senate. "The Election Case of Frank L. Smith of Illinois (1928)". senate.gov.
  7. "Burris v. White, Illinois Supreme Court, No. 107816" (PDF). January 9, 2009.
  8. Donning, Mike (January 5, 2009). "U.S. Senate officer rejects Burris' paperwork to fill seat". Chicago Tribune . Retrieved January 5, 2009.
  9. 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.
  10. Mihalopoulos, Dan (January 10, 2009). "Supreme Court ruling gives Burris the Senate seat, attorney says". Chicago Tribune.
  11. Raju, Manu; Bresnahan, John (January 12, 2009). "Dems accept Burris into the Senate". Politico.
  12. "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.
  13. 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.
  14. Hulse, Carl (January 15, 2009). "Burris Is Sworn In". New York Times . New York Times Company . Retrieved January 15, 2009.