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Supreme Court of the United States - 395 U.S. 486
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In Powell v. McCormack, the Supreme Court ruled that Adam Clayton Powell Jr. was unlawfully excluded from the 90th Congress, but the House had the power to exclude him based on his official misconduct. The Speech or Debate Clause does not protect House employees from being held accountable for their actions related to legislative business. The House did not have the power to exclude Powell based on misconduct committed prior to the convening of the 90th Congress. The Court clarified the difference between subject matter jurisdiction and justiciability, and held that the case falls under the jurisdiction of Article III of the Constitution. The Court rejected the argument that the Court of Appeals erred in allowing the lawsuit to proceed under 28 U.S.C. § 1331(a). The political question doctrine is the next consideration, and the first determination is whether there is a textually demonstrable constitutional commitment. The respondents' argument that this case is not justiciable because they claim it is impossible for a federal court to provide effective relief is not supported.
Justice Stewart dissented in a case where the petitioners sought to regain Congressman Powell's seat. He argued that subsequent events have made the case moot, and the Court should refrain from deciding the constitutional questions presented in the case. The only remaining aspect of the case is Congressman Powell's individual claim for the salary he was deprived of by his absence from the 90th Congress. However, even if this claim prevents the case from being moot, there is no need to address the fundamental constitutional issues that the Court is attempting to decide. The parties' briefs and memoranda contain no discussion of the question of remedy, which is the only remaining issue in the case.
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