Constitutional Law Keyed to Chemerinsky
Powell v. McCormack
During the 89th Congress, it was found that Plaintiff had engaged in deceptive and possibly illegal actions surrounding his service as chairman of the Committee on Education and Labor. After his reelection to the 90th Congress, he was asked to step aside while the other representatives were sworn in. Also, he was later asked to inform the Governor of New York that his seat was vacant. Plaintiff sued, alleging the House did not have the constitutional authority to deny his seat when he met the qualifications expressly set forth for Representatives in Article I of the United States Constitution (Constitution).
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