Legislative Powers
Qualifications and Privileges
Powell v. McCormack (1969)
395 U.S. 486 (1969)
Decision: remanded, reversed in part and affirmed in part
Vote: 8-1
Majority: Warren, joined by Black, Douglas, Harlan, Brennan, White, and Marshall
Concurrence: Douglas
Dissent: Stewart
MR. CHIEF JUSTICE WARREN delivered the opinion of the Court.
In November, 1966, petitioner Adam Clayton Powell, Jr., was duly elected from the 18th Congressional District of New York to serve in the United States House of Representatives for the 90th Congress. However, pursuant to a House resolution, he was not permitted to take his seat. Powell (and some of the voters of his district) then filed suit in Federal District Court, claiming that the House could exclude him only if it found he failed to meet the standing requirements of age, citizenship, and residence contained in Art. I, § 2, of the Constitution — requirements the House specifically found Powell met — and thus had excluded him unconstitutionally.
During the 89th Congress, a Special Subcommittee on Contracts of the Committee on House Administration conducted an investigation into the expenditures of the Committee on Education and Labor, of which petitioner Adam Clayton Powell, Jr., was chairman. The Special Subcommittee issued a report concluding that Powell and certain staff employees had deceived the House authorities as to travel expenses. The report also indicated there was strong evidence that certain illegal salary payments had been made to Powell’s wife at his direction … No formal action was taken during the 89th Congress. However, prior to the organization of the 90th Congress, the Democratic members-elect met in caucus and voted to remove Powell as chairman of the Committee on Education and Labor …
The Select Committee, composed of nine lawyer-members, issued an invitation to Powell to testify before the Committee. The invitation letter stated that the scope of the testimony and investigation would include Powell’s qualifications as to age, citizenship, and residency; his involvement in a civil suit (in which he had been held in contempt), and “[m]atters of … alleged official misconduct since January 3, 1961 … ” Powell appeared at the Committee hearing held on February 8, 1967. After the Committee denied in part Powell’s request that certain adversary-type procedures be followed, Powell testified. He would, however, give information relating only to his age, citizenship, and residency; upon the advice of counsel, he refused to answer other questions …
Then, on February 23, 1967, the Committee issued its report, finding that Powell met the standing qualifications of Art. I, § 2 … However, the Committee further reported that Powell had asserted an unwarranted privilege and immunity from the processes of the courts of New York; that he had wrongfully diverted House funds for the use of others and himself, and that he had made false reports on expenditures of foreign currency to the Committee on House