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Powell v. McCormack

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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.

Points of Law - Legal Principles in this Case for Law Students.

Our system of government requires that federal courts on occasion interpret the Constitution in a manner at variance with the construction given the document by another branch.

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Facts. 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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