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: