AJ 025 Lecture Notes - Lecture 15: Political Question, Justiciability, William Rehnquist

• School: College of The Sequoias
• Department: Administration of Justice (AJ)
• Course: AJ 025
• Professor: shirk

Document Summary

Adam powell jr. was a famous pastor in ny and was elected to house in 1944, continuing to be re-elected by high margins for next 25 years. In early 1960"s, powell had seniority and chaired house committee on education and labor, but his colleagues disliked him; in addition, he refused to pay damages in a defamation case. Powell was reelected in 1966, but house refused to seat him pending investigation. Investigation reached 2 conclusions: (1) powell was 30, citizens of u. s, and inhabitant of. Ny (met house qualifications), but (2) he misused public funds and filed false expenditure reports. Investigating committee recommended that powell be seated but pay fine and lose his seniority, but congress voted to exclude powell. Powell claimed that refusal to seat him violated qualifications clause. Ruling: 7 (black, breanna, douglas, harlan, marshall, warren, white) to 1 (stewart) Concurring opinion: douglas (said if this case was expulsion, it would be political question)