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Powell v. McCormack

Citation. 395 U.S. 486, 89 S. Ct. 1944, 23 L. Ed. 2d 491 (1969)
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Brief Fact Summary.

Powell (Plaintiff) was elected to serve in the House of Representatives for the 90th Congress. However, a House resolution prevented him from taking his seat. Powell challenged this resolution.

Synopsis of Rule of Law.

Non-justiciable political questions will not be reviewed by the Court because the Constitution commits another branch of government to determine these issues.


Plaintiff was elected to serve in the House of Representatives and was denied his seat. Plaintiff sued for a declaratory judgment that failure to seat him was unconstitutional. The House (Defendant) argued that Article I, Section: 5, which states that “each House shall be the Judge of the

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