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Powell v. McCormack (1969) p53

SUBJECT:

Term limits

FACTS:

A Congressman was not allowed to be seated because he had some sort of crime on his record….

Procedure:

 

 

ISSUE:

Whether the power granted to each house in Article I , § 5, to judge the "qualifications of its own Members" includes the power to impose qualifications other than those set forth in the text of the Constitution.

RULE:

Congress has no power to alter the qualifications in the text of the Constitution.

HOLDING:

The Constitution does not allow Congress to impose additional qualification on members of Congress other than those set forth in the text of the Constitution.

RATIONALE:

The House of Representatives has no authority to exclude any person, duly elected by his constituents, who meets all the requirements for membership expressly prescribed in the Constitution.

POLICY/NOTES: