powell mccormack argued april decided june petitioner powell duly elected serve house representatives congress denied seat adoption house resolution speaker ruled issue excluding powell decided majority vote house action followed charges powell misappropriated public funds abused process new york courts powell certain voters congressional district thereafter brought suit district injunctive mandatory declaratory relief respondents certain named house members speaker clerk sergeant arms doorkeeper house alleging resolution barring seating violated art cl constitution contrary mandate house members elected people state cl sets forth qualifications membership age citizenship residence concededly met powell claimed exclusive complaint alleged house clerk threatened refuse perform service powell duly elected congressman entitled sergeant arms refused pay powell salary doorkeeper threatened deny powell admission house chamber district granted respondents motion dismiss complaint want jurisdiction subject matter appeals affirmed somewhat different grounds case pending congress ended powell elected seated congress respondents contend case moot speech debate clause art forecloses judicial review decision exclude powell supported expulsion power art house shall judge qualifications members vote exceeded expel member reason lacks subject matter jurisdiction litigation alternatively litigation justiciable general criteria involves political question held case mooted powell seating congress since claim back salary remains viable issue pp powell averments declaratory relief sufficient alejandrino quezon distinguished pp mootness powell claim seat congress affect viability back salary claim respect term excluded bond floyd pp although speech debate clause bars action respondent congressmen bar action respondents legislative employees charged unconstitutional activity kilbourn thompson dombrowski eastland fact house employees acting pursuant express orders house preclude judicial review constitutionality underlying legislative decision pp house resolution exclusion proceeding treated expulsion proceeding house members viewed applying misconduct speculate whether house voted expel powell faced question pp subject matter jurisdiction petitioners action pp case one arising constitution within meaning art iii since petitioners claims sustained constitution given one construction defeated given another bell hood pp district courts given broad grant jurisdiction civil actions wherein matter controversy arises constitution grant entirely art iii indication intended foreclose federal courts entertaining suits involving seating congressmen pp litigation justiciable claim presented relief sought judicially resolved pp petitioners claim lack justiciability ground house duty judicially determined since petitioners correct house duty seat powell determined met standing qualifications set forth constitution relief sought susceptible judicial resolution since regardless appropriateness coercive remedy house personnel issue decided declaratory relief independently available pp case involve political question doctrine justiciable pp examination relevant historical materials shows congress power art judge qualifications members textually demonstrable constitutional commitment political department government baker carr judge standing qualifications expressly set forth constitution hence house power exclude meets constitution membership requirements pp case present political question sense also urged respondents entail potentially embarrassing confrontation coordinate branches government since system government requires federal courts occasion interpret constitution differently branches pp judging qualifications members art congress limited standing qualifications expressly prescribed constitution arthur kinoy herbert reid argued cause petitioners brief robert carter hubert delany william kunstler frank reeves henry williams bruce bromley argued cause respondents brief john hupper thomas barr lloyd cutler john pickering louis oberdorfer max truitt briefs amici curiae filed ernest angell osmond fraenkel edward ennis melvin wulf eleanor holmes norton alan levine american civil liberties union et george meader chief justice warren delivered opinion november petitioner adam clayton powell duly elected congressional district new york serve house representatives congress however pursuant house resolution permitted take seat powell voters district filed suit federal district claiming house exclude found failed meet standing requirements age citizenship residence contained art constitution requirements house specifically found powell met thus excluded unconstitutionally district dismissed petitioner complaint want jurisdiction subject matter panel appeals affirmed dismissal although somewhat different grounds judge filing separate opinion determined error dismiss complaint petitioner powell entitled declaratory judgment unlawfully excluded congress facts congress met organize january powell asked step aside oath administered following administration oath remaining members house discussed procedure followed determining whether powell eligible take seat debate vote house adopted house resolution provided speaker appoint select committee determine powell eligibility cong rec although resolution prohibited powell taking seat house acted select committee report provide receive pay allowances due member period select committee composed nine issued invitation powell testify committee invitation letter stated scope testimony investigation include powell qualifications age citizenship residency involvement civil suit held contempt atters alleged official misconduct since january see hearings res select committee pursuant res hereinafter hearings powell appeared committee hearing held february committee denied part powell request certain procedures followed powell testified however give information relating age citizenship residency upon advice counsel refused answer questions february select committee issued another invitation powell letter select committee informed powell responsibility house resolution extended determining whether met standing qualifications art also inquir ing question whether punished expelled pursuant powers granted house article section constitution words select committee opinion conclusion present inquiry authority report back house recommendations respect seating expulsion punishment see hearings powell appear next hearing held february however attorneys present informed committee powell testify matters eligibility standing qualifications art powell attorneys reasserted powell contention standing qualifications exclusive requirements membership urged punishment expulsion possible member seated see hearings committee held one hearing neither powell attorneys present february committee issued report finding powell met standing qualifications art however committee reported powell asserted unwarranted privilege immunity processes courts new york wrongfully diverted house funds use others made false reports expenditures foreign currency committee house administration committee recommended powell sworn seated member congress censured house fined deprived seniority report presented house march house debated select committee proposed resolution conclusion debate vote house rejected motion bring resolution vote amendment resolution offered called exclusion powell declaration seat vacant speaker ruled majority vote house sufficient pass resolution amended cong rec debate amendment adopted vote house adopted vote house resolution amended form thereby excluding powell directing speaker notify governor new york seat vacant powell voters congressional district new york subsequently instituted suit district district columbia five members house representatives named defendants individually representatives class citizens presently serving members house representatives john mccormack named official capacity speaker clerk house representatives sergeant arms doorkeeper named individually official capacities complaint alleged house resolution violated constitution specifically art cl resolution inconsistent mandate members house shall elected people state art cl petitioners alleged sets forth exclusive qualifications membership complaint alleged clerk house threatened refuse perform service powell duly elected congressman entitled sergeant arms refused pay powell salary doorkeeper threatened deny powell admission house chamber petitioners asked convened requested district grant permanent injunction restraining respondents executing house resolution enjoining speaker refusing administer oath clerk refusing perform duties due representative sergeant arms refusing pay powell salary doorkeeper refusing admit powell chamber complaint also requested declaratory judgment powell exclusion unconstitutional district granted respondents motion dismiss complaint want jurisdiction subject matter powell mccormack supp appeals district columbia circuit affirmed somewhat different grounds judge panel filing separate opinion powell mccormack app granted certiorari case pending docket congress officially terminated congress seated november powell elected representative congressional district new york seated congress resolution seating powell also fined see res cong rec daily january respondents filed suggestion mootness postponed consideration suggestion hearing merits respondents press upon us variety arguments support considered following order events occurring subsequent grant certiorari rendered litigation moot speech debate clause constitution art insulates respondents action judicial review decision exclude petitioner powell supported power granted house representatives expel member lacks subject matter jurisdiction petitioners action even subject matter jurisdiction present litigation justiciable either general criteria established political question involved ii mootness simply stated case moot issues presented longer live parties lack legally cognizable interest outcome see borchard declaratory judgments ed one several issues presented becomes moot remaining live issues supply constitutional requirement case controversy see public workers mitchell moore federal practice ed despite powell obvious continuing interest withheld salary respondents insist alejandrino quezon leaves us choice dismiss litigation moot alejandrino duly appointed senator philippine islands suspended one year resolution philippine senate deprived prerogatives privileges emoluments period suspension philippines refused enjoin suspension time case reached suspension expired dismissed moot alejandrino request suspension enjoined sua sponte considered whether possibility alejandrino entitled back salary required retain case purpose determining whether alejandrino may mandamus purpose characterizing issue alejandrino salary mere incident claim suspension improper noted briefed salary issue request mandamus set sufficient clarity official set officials mandamus issue therefore refused treat salary claim dismissed entire action moot respondents believe powell salary claim also mere incident insistence unconstitutionally excluded likewise dismiss entire action moot argument fails grasp reason dismissal alejandrino alejandrino deprivation salary insufficiently substantial prevent case becoming moot rather failure plead sufficient facts establish mandamus claim made impossible resolve mandamus request contrast petitioners complaint names official responsible payment congressional salaries asks mandamus injunction official furthermore even respondents correct petitioners averments injunctive relief sufficiently definite follow litigation must dismissed moot petitioner powell paid salary virtue allegedly unconstitutional house resolution claim still unresolved hotly contested clearly adverse parties declaratory relief requested form relief available alejandrino decided may grant declaratory relief even though chooses issue injunction mandamus see public workers mitchell supra cf california declaratory judgment used predicate relief including injunction see vermont structural slate tatko brothers slate cir lines shaughnessy cir alejandrino stands proposition one claim become moot pleadings insufficient determine whether plaintiff entitled another remedy action dismissed moot suggestion petitioners averments declaratory relief insufficient powell allegedly unconstitutional deprivation salary remains unresolved respondents argue powell wholly incidental subordinate demand salary insufficient prevent litigation becoming moot suggest primary principal relief sought seating petitioner powell congress rendering presumably secondary claims worthy judicial consideration bond floyd rejects respondents theory mootness primary claim requires conclusion secondary claims moot bond oral argument suggested expiration session georgia legislature excluded bond rendered case moot replied state pressed argument state stipulated bond succeeds appeal receive back salary term excluded bond controlling argue respondents legislative term bond excluded end december decision rendered december bond decided bond yet seated case powell respondents tell us however factual distinctions create legally significant difference bond case relied bond outstanding salary claim facts respondents stress hold case moot finally respondents seem argue powell proper action recover salary suit claims brought wrong action dismissal mootness appropriate short answer argument confuses mootness whether powell established right recover sergeant arms question inappropriate treat stage litigation iii respondents assert speech debate clause constitution art absolute bar petitioners action four prior occasions dombrowski eastland johnson tenney brandhove kilbourn thompson called upon determine allegedly unconstitutional action taken legislators legislative employees insulated judicial review speech debate clause parties insist respective positions find support cases tender decision three distinct issues whether respondents participating exclusion petitioner powell acting sphere legitimate legislative activity tenney brandhove supra assuming respondents acting whether fact petitioners seek neither damages respondents criminal prosecution lifts bar clause even action may maintained congressman whether respondents merely employees house may plead bar clause find necessary treat last issues speech debate clause adopted constitutional convention without debate opposition finds roots conflict parliament crown culminating glorious revolution english bill rights drawing upon history concluded johnson supra purpose clause prevent intimidation legislators executive accountability possibly hostile judiciary although clause sprang fear seditious libel actions instituted crown punish unfavorable speeches made parliament held narrow view confine protection speech debate clause words spoken debate committee reports resolutions act voting equally covered things generally done session house one members relation business kilbourn thompson supra furthermore clause provides defense merits also protects legislator burden defending dombrowski eastland supra see tenney brandhove supra cases make clear legislative immunity created speech debate clause performs important function representative government insures legislators free represent interests constituents without fear later called task courts representation thus tenney brandhove supra quoted writings james wilson illuminating reason legislative immunity order enable encourage representative publick discharge publick trust firmness success indispensably necessary enjoy fullest liberty speech protected resentment every one however powerful exercise liberty may occasion offence legislative immunity course bar judicial review legislative acts issue settled implication early see marbury madison cranch expressly kilbourn thompson first cases interpreting reach speech debate clause challenged kilbourn constitutionality house resolution ordering arrest imprisonment recalcitrant witness refused respond subpoena issued house investigating committee holding speech debate clause barred kilbourn action false imprisonment brought several members house nevertheless reached merits kilbourn attack decided since house power punish contempt kilbourn imprisonment pursuant resolution unconstitutional therefore allowed kilbourn bring false imprisonment action thompson house sergeant arms executed warrant kilbourn arrest first articulated kilbourn followed dombrowski eastland doctrine although action congressman may barred speech debate clause legislative employees participated unconstitutional activity responsible acts despite fact petitioners brought suit several house employees sergeant arms doorkeeper clerk well several congressmen respondents argue kilbourn dombrowski distinguishable conceding kilbourn presence sergeant arms dombrowski presence congressional subcommittee counsel defendants litigation allowed judicial review challenged congressional action respondents urge cases concerned affirmative act performed employee outside house direct effect upon private citizen continue relief sought relates actions taken house agents solely within house alternatively respondents insist kilbourn dombrowski prayed damages petitioner powell asks sergeant arms disburse funds assertedly greater interference legislative process reject proffered distinctions house employees acting pursuant express orders house bar judicial review constitutionality underlying legislative decision kilbourn decisively settles question since sergeant arms held liable false imprisonment even though nothing execute house resolution kilbourn arrested imprisoned respondents suggestions thus ask us distinguish affirmative acts house employees situations house orders employees act actions damages claims salary find basis either history speech debate clause cases either distinction purpose protection afforded legislators forestall judicial review legislative action insure legislators distracted hindered performance legislative tasks called defend actions legislator less hindered distracted litigation legislative employee calling question employee affirmative action lawsuit questioning employee failure act distraction hindrance increased claim salary rather damages litigation questions action taken employee within rather without house freedom legislative activity purposes speech debate clause fully protected legislators relieved burden defending kilbourn dombrowski thus dismissed action members congress regard speech debate clause bar reviewing merits challenged congressional action since congressional employees also sued similarly though action may dismissed congressmen petitioners entitled maintain action house employees judicial review propriety decision exclude petitioner powell said kilbourn language time dimmed especially competent proper consider whether legislature proceedings conformity constitution laws living written constitution branch department government province duty judicial department determine cases regularly brought whether powers branch government even legislature enactment laws exercised conformity constitution treat acts null void iv exclusion expulsion appellant powell cause action judicially compelled seating thus boils view narrow issue whether member found colleagues engaged official misconduct must accidents timing formally admitted either investigated expelled sponsor motion exclude stated floor proceeding theory power expel included power exclude provided vote forthcoming therefore success powell merits mean district must admonish house form substance govern great affairs accordingly command house members act charade app distinction exclusion expulsion merely one form misconduct powell charged occurred prior convening congress several occasions house debated whether member expelled actions taken prior congress house manual procedure applicable congress houses distrusted power punish cases rules house representatives doc see galloway history house representatives house rules manual reflects positions taken prior congresses example report select committee appointed consider expulsion john langley unequivocally house expel member misconduct committed earlier congress must said practical uniformity precedents cases effect house expel member reprehensible action prior election member even conviction offense may speaker carlisle decided house right punish member offense alleged committed previous time elected member added frequently decided house longer matter dispute finally proceedings culminated powell exclusion cast considerable doubt upon respondents assumption vote necessary expel mustered proceedings succinctly described congressman eckhardt house voted votes previous question leading toward adoption select committee report voted votes previous question opening floor curtis amendment ultimately excluded powell upon adoption curtis amendment vote fell short yeas nays final vote adopting resolution amended vote obtained vote yeas nays last vote practical matter members denied powell seat given choice punish cast aye vote else record opposed punishment likely come house matter come processes expulsion appears vote failed members able apply lesser penalty pointed baker carr significant difference determining whether federal jurisdiction subject matter determining whether cause subject matter jurisdiction justiciable district determined decide case merits constitute clear violation doctrine separation powers dismissed complaint want jurisdiction subject matter powell mccormack supp however appeals correctly recognized doctrine separation powers properly considered determining whether case justiciable agree unanimous conclusion appeals district jurisdiction subject matter case however reasons set forth part vi infra disagree appeals conclusion case justiciable baker carr supra noted federal district lacks jurisdiction subject matter cause arise federal constitution laws treaties fall within one enumerated categories art iii case controversy within meaning phrase art iii cause one described jurisdictional statute baker carr supra determination see part vi infra cause presents nonjusticiable political question disposes respondents contentions cause case controversy respondents first contend case arising constitution within meaning art iii emphasize art assigns house congress power judge elections qualifications members punish members disorderly behavior respondents also note art senate sole power try impeachments respondents argue delegations judge punish try legislative branch explicit grants judicial power congress constitute specific exceptions general mandate art iii judicial power shall vested federal courts thus respondents maintain power conferred courts article iii authorize anything declare lack jurisdiction proceed reject contention article iii provides judicial power shall vested one inferior courts congress may establish mandates judicial power shall extend cases arising constitution long held suit arises constitution petitioner claim sustained constitution given one construction defeated given another bell hood see king county seattle school district cf osborn bank wheat see generally wright federal courts thus case clearly one arising constitution interpreted phrase bar federal courts reviewing judgments made house senate excluding member arises allocation powers two branches federal government question justiciability petitioners failure state claim based federal law respondents next contend appeals erred ruling petitioners suit authorized jurisdictional statute section provides district courts shall jurisdiction civil actions wherein matter controversy arises constitution respondents urge even though case may arise constitution purposes art iii necessarily arise constitution purposes although recognize little legislative history concerning enactment respondents argue history period section first enacted indicates drafters intend include suits questioning exclusion congressmen grant federal question jurisdiction respondents claim passage force act lends support interpretation intended scope force act gives district courts jurisdiction civil action recover possession office wherein appears sole question arises denial right vote account race color previous condition servitude however act specifically excludes suits concerning office congressman respondents maintain exclusion demonstrates congress intention prohibit federal courts entertaining suits regarding seating congressmen noted grant jurisdiction made language used art iii respects potential federal jurisdiction found art iii see zwickler koota nevertheless generally recognized intent drafters provide broad jurisdictional grant federal courts see mishkin federal question district courts rev chadbourn levin original jurisdiction federal questions rev noted resolution case depends directly construction constitution consistently held suits authorized statute bell hood supra king county seattle school district supra see gully first nat bank meridian fair kohler die specialty respondents recognize nothing wording legislative history decisions indicate basis interpretation give section think passage force act indicates confer jurisdiction case force act limited election challenges denial right vote violation fifteenth amendment alleged see act passed five years original version enacted might inferred congress intended give house exclusive power decide congressional election challenges absolutely indication passage act evidences intention impose restrictions broad grant jurisdiction vi concluded appeals correctly ruled district jurisdiction subject matter turn question whether case justiciable two determinations must made regard first must decide whether claim presented relief sought type admit judicial resolution second must determine whether structure federal government renders issue presented political question question justiciable federal separation powers provided constitution general considerations respondents maintain however case justiciable assert impossible federal mold effective relief resolving case respondents emphasize petitioners asked coercive relief officers house contend federal courts issue mandamus injunctions compelling officers employees house perform specific official acts respondents rely primarily speech debate clause support contention need express opinion appropriateness coercive relief case petitioners sought declaratory judgment form relief district issued declaratory judgment act provides district may declare rights interested party whether relief sought availability declaratory relief depends whether live dispute parties golden zwickler request declaratory relief may considered independently whether forms relief appropriate see public workers mitchell moore federal practice ed cf california thus conclude terms general criteria justiciability case justiciable political question doctrine respondents maintain even case otherwise justiciable presents political question well established federal courts adjudicate political questions see coleman miller oetjen central leather baker carr supra noted political questions justiciable primarily separation powers within federal government reviewing decisions area concluded surface case held involve political question least one following formulations textually demonstrable constitutional commitment issue coordinate political department lack judicially discoverable manageable standards resolving impossibility deciding without initial policy determination kind clearly nonjudicial discretion impossibility undertaking independent resolution without expressing lack respect due coordinate branches government unusual need unquestioning adherence political decision already made potentiality embarrassment multifarious pronouncements various departments one question order determine whether textual commitment department government must interpret constitution words must first determine power constitution confers upon house art determine extent exercise power subject judicial review respondents maintain house broad power argue house may determine qualifications necessary membership hand petitioners allege constitution provides elected representative may denied seat house finds meet one standing qualifications expressly prescribed constitution examination disclosed constitution gives house judicially unreviewable power set qualifications membership judge whether prospective members meet qualifications review house determination might well barred political question doctrine hand constitution gives house power judge whether elected members possess three standing qualifications set forth constitution consideration necessary determine whether formulations political question doctrine inextricable case bar baker carr supra words whether textually demonstrable constitutional commitment issue political department government scope commitment questions must resolve first time case pointed baker carr supra eciding whether matter measure committed constitution another branch government whether action branch exceeds whatever authority committed delicate exercise constitutional interpretation responsibility ultimate interpreter constitution order determine scope textual commitment art necessarily must determine meaning phrase judge qualifications members petitioners argue records debates constitutional convention available commentary period early congressional applications art support construction section respondents insist however careful examination practices english parliament american colonial assemblies demonstrates legislature power judge qualifications members generally understood encompass exclusion expulsion ground individual character past conduct rendered unfit serve constitution debates adoption thus viewed historical perspective argue respondents becomes clear qualifications expressly set forth constitution meant limit legislative power exclude expel merely establish standing incapacities altered constitutional amendment examination relevant historical materials leads us conclusion petitioners correct constitution leaves house without authority exclude person duly elected constituents meets requirements membership expressly prescribed constitution precedents earliest english exclusion precedent appears declaration house commons alex nowell prebendary clergyman westminster thereby voice convocation house member house tanner tudor constitutional documents ed decision however consistent tradition clergy participated representative assemblies convocations ineligible membership house commons see porritt unreformed house commons english constitutional history ed plucknett traditional ineligibility clergymen recognized standing incapacity see blackstone commentaries nowell exclusion therefore irrelevant present case petitioners concede agree powell met one standing qualifications set forth constitution excluded art earliest colonial exclusions also fail support respondents theory respondents remaining century english precedents cases expulsion although misdeeds encompassed within recognized standing incapacities existing either time expulsions time constitution drafted although early expulsion orders occasionally contained statements suggesting individual expelled thereafter ineligible least duration parliament expelled indication thereafter excluded respondents colonial precedents period follow similar pattern apparently expelled member first occurred house commons expelled robert walpole receiving kickbacks contracts relating foraging troops jour committed tower nevertheless two months later house thereupon resolved hat robert walpole esquire session parliament committed prisoner tower london expelled house incapable elected member serve present parliament second emphasis added new election ordered walpole least two similar exclusions initial expulsion effected american colonies first half century respondents urge walpole case provides strong support conclusion english colonial practice excluded prior misdeeds sole discretion legislative body elected however conclusion overlooks important limiting characteristic walpole case colonial exclusion cases respondents rely excluded member previously expelled moreover walpole excluded remainder parliament expelled theory seems expulsion lasted long parliament supra accord blackstone commentaries thus walpole exclusion justifies proposition expulsion lasted remainder particular parliament expelled member therefore subject subsequent exclusion reelected prior next general election two colonial cases arguably support somewhat broader principle assembly permanently expel apparently colonies consistently adhere theory expulsion lasted election new assembly clarke parliamentary privilege american colonies clearly however none cases supports respondents contention century english parliament colonial assemblies assumed absolute discretion exclude deemed unfit serve rather seem demonstrate member excluded first expelled even cases construed support respondents contention precedential value nullified prior constitutional convention long struggle arbitrary exercise power exclude unequivocally repudiated house commons resolution ended notorious english election dispute century john wilkes case serving member parliament wilkes published attack recent peace treaty france calling product bribery condemning crown ministers tools despotism corruption postgate devil wilkes wilkes others involved publication attack appeared arrested prior wilkes trial house commons expelled publishing false scandalous seditious libel parl hist eng wilkes fled france subsequently sentenced exile gipson british empire american revolution wilkes returned england year parliament expelled dissolved elected next parliament surrendered king bench wilkes convicted seditious libel sentenced months imprisonment new parliament declared ineligible membership ordered expelled house parl hist eng although wilkes fill vacant seat three times time parliament declared ineligible refused seat see gipson supra wilkes released prison elected parliament next several years unsuccessfully campaigned resolutions expelling declaring incapable expunged record finally house commons voted expunge resolving prior house actions subversive rights whole body electors kingdom parl hist eng successful resolution wilkes long bitter struggle right british electorate represented men choice evident eve constitutional convention english precedent stood proposition law land regulated qualifications members serve parliament qualifications occasional fixed parl hist eng certainly english practice support ever supported respondents assertion power judge qualifications generally understood encompass right exclude general misconduct within standing qualifications repudiation two precedents excluding previously expelled appears house commons also repudiated control eligibility candidates except administration laws define standing qualifications may parliamentary practice ed webster see supra resolution wilkes case similarly undermined precedential value earlier colonial exclusions principles upon based repudiated body colonial assemblies sought imitate whose precedents generally followed see clarke supra thus council censors pennsylvania assembly denounced prior expulsion unnamed assemblyman ruling expulsion effected conformity recently enacted pennsylvania constitution course report council denounced name parliamentary exclusions walpole wilkes stating reflected dishonor none authors violences pennsylvania convention proceedings wilkes struggle ultimate victory significant impact american colonies advocacy libertarian causes pursuit right seated parliament became cause celebre colonists cry wilkes liberty echoed loudly across atlantic ocean wide publicity given every step wilkes public career colonial press reaction america took significant proportions colonials tended identify cause wilkes saw popular hero martyr struggle liberty named towns counties even children honour gipson supra within historical context must examine convention debates five years wilkes final victory convention debates convention opened late may end july delegates adopted minimum debate age requirements membership senate house convention appointed committee detail draft constitution incorporating resolutions adopted preceding months two days committee appointed george mason virginia moved committee consider clause requiring certain qualifications landed property citizenship disqualifying membership congress persons unsettled accounts indebted farrand vigorous debate ensued charles pinckney general charles pinckney south carolina moved extend incapacities judicial executive branches new government john dickinson delaware opposed inclusion statement qualifications constitution argued impossible make compleat one partial one implication tie hands legislature supplying omissions dickinson argument rejected eliminating disqualification debtors limitation landed property convention adopted mason proposal instruct committee detail draft property qualification committee reported early august proposing change age requirement however recommend adding citizenship residency requirements membership first debating precise requirements august delegates unanimously adopted three qualifications embodied art august convention considered committee detail proposal legislature shall authority establish uniform qualifications members house regard property said legislature shall seem expedient debate proposal discloses much views framers issue qualifications example james madison urged rejection stating proposal vest improper dangerous power legislature qualifications electors elected fundamental articles republican govt fixed constitution legislature regulate either degrees subvert constitution republic may converted aristocracy oligarchy well limiting number capable elected number authorised elect power also might made subservient views one faction agst another qualifications founded artificial distinctions may devised stronger order keep partizans weaker faction view followed madison speech appears critical day framers facing rejecting possibility legislature power usurp indisputable right people return thought proper legislature oliver ellsworth connecticut noted legislative power establish property qualifications exceptional dangerous much liable abuse gouverneur morris moved strike regard property committee proposal intention leave legislature entirely large ibid hugh williamson north carolina expressed concern majority legislature happen composed particular description men lawyers example future elections might secured body ibid madison referred british parliament assumption power regulate qualifications electors elected noted abuse made lesson worthy attention made changes cases subservient views views political religious parties ibid shortly thereafter convention rejected gouverneur morris motion committee proposal later day convention adopted without debate provision authorizing house judge qualifications members one decision made day important determining meaning art delegates reached committee detail proposal empower house expel members madison observed right expulsion important exercised bare majority quorum emergencies one faction might dangerously abused therefore moved concurrence inserted exception one state whose delegation divided motion unanimously approved without debate although gouverneur morris noted opposition importance decision none parties suit disputes prior legislative powers judge qualifications expel exercised majority vote indeed without exception english colonial antecedents art cls support conclusion thus convention decision increase vote required expel power important exercised bare majority time similarly restricting power judge qualifications compelling evidence considered latter already limited standing qualifications previously adopted respondents urge however events must considered light regard significant change made art cl committee style committee detail reported provision convention read every member house representatives shall age twenty five years least shall citizen least three years election shall time election resident state shall chosen respondents argument inherently weak however assumes legislative bodies historically possessed power judge qualifications basis noted basis conclusion walpole wilkes cases time convention denounced house commons repudiated least one state government moreover respondents argument misrepresents function committee style appointed revise stile arrange articles agreed farrand committee authority convention make alterations substance constitution voted convention purport certainly convention belief important change fact made provisions qualifications adopted august petitioners also argue debates constitution ratification support interpretation example emphasize hamilton reply antifederalist charge new constitution favored wealthy truth method securing rich preference apprehended prescribing qualifications property either may elect elected forms part power conferred upon national government authority expressly restricted regulation times places manner elections qualifications persons may choose chosen remarked upon occasions defined fixed constitution unalterable legislature federalist papers mentor ed emphasis last sentence added respondents counter hamilton actually addressing criticism art authorizes congress regulate times places manner electing members congress note prominent antifederalists argued power used confer rich honours brutus iv journal emphasis original respondents contention however ignores hamilton express reliance immutability qualifications set forth constitution debates state conventions also demonstrate framers understanding qualifications members congress fixed constitution new york convention example hamilton emphasized true principle republic people choose please govern representation imperfect proportion current popular favor checked great source free government popular election perfectly pure unbounded liberty allowed debates federal constitution elliot ed hereinafter cited elliot debates virginia federalists faced powerful opposition advocates popular democracy wilson carey nicholas future member house senate later governor state met arguments new constitution violated democratic principles following interpretation art cl respects qualifications elected ever considered great security liberty excluded right chosen legislature constitution amply attended idea find qualifications required except age residence create certainty judgment matured attached state elliot debates congress first confronted issue eligibility william mccreery challenged meet additional residency requirements imposed state maryland recommending seated house committee elections reasoned committee proceeded examine constitution relation case submitted find qualifications members therein determined without reserving authority state legislatures change add diminish qualifications instrument congress constituted sole judge qualifications prescribed obliged decide agreeably constitutional rules annals cong committee elections considered qualifications members unalterably determined federal convention unless changed authority equal framed constitution first neither state federal legislatures vested authority add qualifications change congress federal constitution authorized prescribe qualifications members authorized judge qualifications however must governed rules prescribed federal constitution principles election committee made report upon resolution founded significant challenge principles next several decades came heavy attack however stress civil war initially house representatives declined exercise power exclude even circumstances great provocation rules house representatives doc abandonment restraint however among casualties general upheaval produced war wake house voted first time history exclude refused seat two duly elected representatives giving aid comfort confederacy see hinds change produced north bitter enmity toward failed support union cause war effected radical republican domination congress shift brought naked urgency power given little doctrinal support comment legislative exclusion julian bond adam clayton powell chi rev time present congressional practice erratic occasions excluded although met qualifications set forth constitution frequently vigorous dissents even annotations official manual procedure congress manifest doubt house power exclude met constitutionally prescribed qualifications see rules house representatives doc pp congressional exclusion precedents consistent precedential value still quite limited see note power house congress judge qualifications members harv rev unconstitutional action taken surely render action less unconstitutional later date particularly view congress doubts cases exclude inclined give precedents controlling weight relevancy prior exclusion cases limited largely insight afford correctly ascertaining draftsmen intent obviously therefore precedential value cases tends increase proportion proximity convention see myers evidence congress early understanding confirms conclusion house without power exclude meets constitution requirements membership conclusion reasons concluded art textually demonstrable commitment congress judge qualifications expressly set forth constitution therefore textual commitment formulation political question doctrine bar federal courts adjudicating petitioners claims considerations formulations political question inextricable case bar baker carr supra petitioners seek determination house without power exclude powell congress seen requires interpretation constitution determination clearly judicially manageable standards finally judicial resolution petitioners claim result multifarious pronouncements various departments one question noted baker carr supra responsibility act ultimate interpreter constitution marbury madison cranch thus conclude petitioners claim barred political question doctrine determined claim otherwise generally justiciable hold case justiciable vii summarize determined following case mooted powell seating congress although action dismissed respondent congressmen may sustained agents congress denial membership powell treated expulsion jurisdiction subject matter controversy case justiciable analysis textual commitment art see part vi demonstrated judging qualifications members congress limited standing qualifications prescribed constitution respondents concede powell met thus need remand case determine whether entitled seated congress therefore hold since adam clayton powell duly elected voters congressional district new york ineligible serve provision constitution house without power exclude membership petitioners seek additional forms equitable relief including mandamus release petitioner powell back pay propriety remedies however appropriately considered first instance courts therefore respondents mccormack albert ford celler moore judgment appeals district columbia circuit affirmed respondents jennings johnson miller judgment appeals district columbia circuit reversed case remanded district district columbia instructions enter declaratory judgment proceedings consistent opinion ordered footnotes select committee noted given powell notice matters inquire powell right attend hearings public counsel committee call witnesses upon powell written request supply transcript hearings complaint also attacked house resolution bill attainder ex post facto law cruel unusual punishment petitioners charged hearing procedures adopted select committee violated due process clause fifth amendment district refused convene appeals affirmed petitioners press issue petition writ certiorari apparently recognizing validity appeals ruling see stamler willis petitioners also requested writ mandamus issue ordering named officials perform acts district entered order april notice appeal filed day april powell house representatives special election called fill seat formal certification election received house may powell present house ask given oath office respondents authority assertion contained gojack neither house representatives committees continuing bodies rule lacks jurisdiction consider merits moot case branch constitutional command judicial power extends cases controversies see sibron new york robertson kirkham jurisdiction wolfson kurland ed diamond federal jurisdiction decide moot cases rev note cases moot appeal limit judicial power rev petitioners press claim respondent mccormack required administer oath powell apparently conceding seating powell rendered specific claim moot several forms relief requested one requests subsequently becomes moot still considered remaining requests see standard fashion respondents also argue seating petitioner powell mooted claims powell constituents since case remanded issue well petitioners claims disposed alejandrino brief consider either possibility request injunctive relief become moot whether salary claim required treat propriety suspension brief filed behalf respondents discussing insufficiency alejandrino averments officer responsible salary stated set remedy senator seem mandamus compel official discharge ministerial duty pay salary due insufficiency alejandrino averments reason dismissal substantiated later passage able derive petition sufficient information upon properly afford remedy mandamus must treat whole cause moot act accordingly paragraph petitioners complaint avers leake johnson house responsible refuses pay powell salary prays injunction restraining sergeant arms implementing house resolution depriving powell salary well mandamus order salary paid federal courts first empowered grant declaratory judgments see stat years alejandrino filed complaint expressly stated alejandrino properly pleaded mandamus action brought impliedly holding alejandrino salary claim mooted expiration suspension respondents supply substantiation assertion term georgia legislature expire december presumably base statement upon code ann supp respondents also suggest bond applicable parties bond stipulated bond entitled back salary constitutional challenges accepted stipulation case however claim bond moot stipulation parties confer jurisdiction see california san pablo tulare since disposed case grounds justiciability pass upon whether powell brought appropriate action recover salary appeals misconceived applicable law therefore failed pass upon question general practice remand case consideration remaining issues see utah pie continental baking bank america national trust savings assn parnell believe action appropriate resolution whether powell litigation entitled mandamus sergeant arms salary withheld pursuant house resolution article provides speech debate either house senators representatives shall questioned place petitioners ask draw distinction declaratory relief sought members congress either action damages criminal prosecution emphasizing four previous cases concerned criminal civil sanctions deterrent nature brief petitioners see debates federal constitution elliot ed records federal convention farrand rev ed hereinafter cited farrand english bill rights contained provision substantially identical art freedom speech debates proceedings parliament impeached questioned place parliament sess english american colonial history traced detail cella doctrine legislative privilege freedom speech debate past present future bar criminal prosecutions courts suffolk rev yankwich immunity congressional speech origin meaning scope rev johnson works james wilson mccloskey ed dombrowski damages sought senator chief counsel senate subcommittee chaired senator record pp affirmed grant summary judgment senator reversed subcommittee counsel kilbourn quoted extensively stockdale hansard ad eng refute assertion house agents immune executing orders house speaker authority house order illegal act though authority shall exempt question order shall justify person executed king charles warrant levying justify revenue officer kilbourn eventually recovered thompson see kilbourn thompson macarth sup congressman virtue speech debate clause absolved responsibility filing motion dismiss trial must still determine applicability clause plaintiff action see tenney brandhove given disposition issue need decide whether speech debate clause petitioners entitled maintain action solely members congress agents participated challenged action remedy available cf kilbourn thompson powell excluded congress administered oath office prevented taking seat allowed take oath subsequently required surrender seat house action constituted expulsion since conclude powell excluded congress express view limitations may exist congress power expel otherwise punish member seated house resolution amended adopted provided said adam clayton powell hereby excluded membership congress cong rec emphasis added congresses expressed identical view report judiciary committee concerning proposed expulsion william king john schumaker informed house committee opinion house representatives authority take jurisdiction violations law offenses committed previous congress purely legislative body entirely unsuited trial crimes fifth section first article constitution authorizes house determine rules proceedings punish members disorderly behavior concurrence expel member power evidently given enable house exercise constitutional function legislation unobstructed vest congress jurisdiction try member offense committed election offense member like citizen amenable courts alone express view whether ruling proper distinction expulsion exclusion inheres fact member whose expulsion contemplated may matter right address house participate fully debate apparently similar right prior cases member whose expulsion debate allowed make long often impassioned defense see cong globe expulsion oakes ames cong globe expulsion whittemore cong globe expulsion william gilbert cong globe expulsion william welch annals cong expulsion matthew lyon least one occasion member allowed members expulsion debate hinds precedents house representatives motion previous question device carried effect terminating debate forcing vote subject hand see rules house representatives doc cannon procedure house representatives doc eckhardt adam clayton powell case texas rev views congressman eckhardt echoed exclusion proceedings congressman cleveland stated although voted favor supported select committee recommendation exclusion amendment received favorable vote motion previous question support amendment final passage cong rec congressman gubser even explicit shall vote previous question curtis amendment simply believe future perfecting amendments allowed previous question ordered placed horns impossible dilemma speaker want expel adam clayton powell seating first choice curtis amendment us forced vote exclusion great constitutional doubts vote punishment given raw isolated issue alternative follow vote curtis amendment shall speaker great reservation ibid although judge panel wrote separate opinion clear stating district possessed subject matter jurisdiction powell mccormack app determined case moot see part ii supra indeed thrust respondents argument jurisdictional issue similar contentions case presents nonjusticiable political question urge unthinkable framers constitution courts review decision legislature exclude member however previously determined claim alleging legislature abridged individual constitutional rights refusing seat elected representative constitutes case controversy federal courts jurisdiction see bond floyd extent expectations framers discernible relevant case must therefore relate special problem review federal courts actions federal legislature course problem separation powers considered determining justiciability see baker carr brief respondents petitioners complaint predicated inter alia several sections article article iii several amendments constitution respondents challenge substantiality claims act may stat statute see cong globe respondents rely barry ex rel cunningham barry involved power senate issue arrest warrant summon witness give testimony concerning senatorial election ruled issuance warrant constitutional relying power senate art judge elections members respondents particularly rely language used discussing power conferred art noted senate render judgment beyond authority tribunal review barry provides support respondents argument case justiciable however first barry reached merits controversy thus indicating actions allegedly taken pursuant art automatically immune judicial review second quoted statement dictum later opinion noted senate may exercise power subject restraints imposed found implications constitution third course statement barry leaves open particular question must first resolved case existence scope textual commitment house judge qualifications members addition three qualifications set forth art art cl authorizes disqualification person convicted impeachment proceeding office honor trust profit art cl provides person holding office shall member either house continuance office amendment disqualifies person previously taken oath support constitution shall engaged insurrection rebellion given aid comfort enemies thereof argued provisions well guarantee clause article iv oath requirement art vi cl less qualification within meaning art set forth art dionisopoulos commentary constitutional issues powell related cases pub need reach question however since sides agree powell ineligible provisions consistent interpretation federal courts might still barred political question doctrine reviewing house factual determination member meet one standing qualifications issue presented case express view resolution indeed force respondents arguments case presents political question depends great measure resolution textual commitment question see part vi infra since art cl applies houses congress scope senate power judge qualifications members necessarily identical scope house power exception course art cl establishes different age citizenship requirements membership senate since reign henry iv clergyman sat house commons porritt unreformed house commons british written constitution standing incapacities disqualifications membership parliament derived custom law parliament blackstone commentaries see groups thus disqualified included aliens minors judges sat house lords clergy represented convocation persons attainted treason felony sheriffs mayors bailiffs representatives jurisdictions certain taxing officials officers crown exclusion john wilkes discussed infra blackstone subscribe theory addition commons declare ineligible individual particular unspecified circumstances parliament deemed unfit serve grounds encompassed recognized standing incapacities explain infra position subsequently repudiated house clerk house commons later referred cases theory relied upon examples excess jurisdiction commons one house parliament create disability unknown law may parliamentary practice ed webster virginia house burgesses challenged eligibility certain delegates ground hold plantations proper patents virginia company england see generally federal state constitutions colonial charters organic laws thorpe ed hereinafter cited thorpe one captain warde admitted condition obtain necessary patent others representatives martin brandon plantation excluded ground owner plantation claimed patent exempted colony laws see journals house burgesses virginia pp clarke parliamentary privilege american colonies questions presented two cases therefore seem jurisdictional nature attempt made gain representation plantations assembly may power act thus viewed cases analogous exclusions failure comply standing qualifications certainly precedents support view legislative body exclude members mere character defects prior misconduct disapproved assembly see generally clarke supra greene quest power lower houses assembly southern royal colonies pp example commons expelled doctor parry unspecified misbehavior compleat journal votes speeches debates house lords house commons throughout whole reign queen elizabeth glorious memory ed sir edmund sawyer expelled sought induce witness suppress evidence sir edmund testimony house jour expelling sir edmund sawyer commons declared unworthy ever serve member house ibid almost identical language used expulsion benson formula changed disabled serve longer parliament member house emphasis added century apparently well established expulsion house commons last longer duration parliament member expelled see blackstone commentaries example virginia house burgesses expelled two members prior conduct disapproved assembly journals house burgesses supra rhode island expelled member acting present assembly refusing answer summons arnold history state rhode island providence plantations see generally clarke supra massachusetts house representatives excluded gershom woodle expelled three previous occasions unworthy member journals house representatives massachusetts pp north carolina expelled francis brown perjury twice excluded occasions however elected general elections allowed take seat colonial records north carolina may similar exclusions two men elected new jersey assembly see clarke supra significantly occasional assumption broader expulsion power go unchallenged clarke supra supported parliamentary precedent walpole case pursuant general warrant wilkes arrested home ransacked private papers seized later election campaigns wilkes denounced use general warrants asserting fighting liberty see gipson british empire american revolution issue commons clear commons put disqualification put law land cavendish debates wright ed affirmative answer somewhat less resounding wilkes third motion seat opponent carried validity house action wilkes rested large extent validity walpole precedent supra thus house commons resolution expunging subversive rights whole electorate action taken wilkes also tacit repudiation similar action taken walpole english law apparently today see may parliamentary practice ed cocks council censors established pennsylvania constitution elected body specifically charged duty enquire whether constitution preserved inviolate every part whether legislative executive branches government performed duty guardians people assumed exercised greater powers intitled constitution const thorpe see pennsylvania convention proceedings introduction iv discussing case respondents characterize earlier action exclusion council censors however stated general assembly resolved member expelled seat pennsylvania convention proceedings supra account dissenting committee members suggests term expulsion properly used note february assembly received letter comptroller general charging assemblyman fraud september assembly vote expel presumably held seat time even excluded arguably excluded meeting standing incapacity since pennsylvania constitution required assemblymen noted wisdom virtue const thorpe emphasis added fact dissenting members committee argued expelled member ineligible provision pennsylvania convention proceedings supra respondents cite one exclusion period declaration independence constitutional convention years later virginia assembly excluded john breckenridge minor minority course traditional standing incapacity charles warren therefore appears correct concluding exclusion probably based upon interpretation state constitutional requirement members must duly qualified according law va thorpe see warren making constitution respondents based upon misinterpretation pennsylvania case discussed criticize charles warren concluding one exclusion period research however disclosed cases wilkes established reputation england colonies champion free elections freedom arbitrary arrest seizure freedom press see gipson supra see postgate devil wilkes house commons debates member remarked expelling wilkes one great causes separated england america parl hist eng writings pamphleteer junius widely reprinted colonial newspapers lent considerable support revolutionary cause see dictionary american history letter xviii letters junius bitterly attacked exclusion wilkes letter addressed blackstone asserted know sir wilkes case yesterday may mine consequently common right every subject realm invaded expulsion member legal disability creates incapacity elected see ready way marked majority may time remove honestest ablest men happen opposition say make extravagant use power language unfit man learned laws doctrine sir power laws know intended guard men may trust letters junius letter xviii see warren supra dickinson also said veneration wealth inconsistent republican ideal merit alone determine holds public trust farrand august delegate moved reconsider citizenship qualification delegate proposed substitute requirement requirement already agreed upon motion passed however proposal considered august rejected charles pinckney proposed president judges legislators required swear possessed specified amount unincumbered property benjamin franklin expressed strong opposition observing ome greatest rogues ever acquainted richest rogues voiced fear property requirement discourage common people removing country ibid thereafter motion pinkney sic rejected general called ibid emphasis original right electors represented men choice essential preservation rights considered one sacred parts constitution law land regulated qualifications members serve parliament freeholders indisputable right return thought proper provided disqualified known laws occasional fixed rule govern question shall arise start sudden shift side side caprice day fluctuation party shall direct parl hist eng wilkes made essentially argument one early attempts resolutions denying seat expunged usurpation acquiesced attended alarming consequences reject disagreeable majority expel please house commons may expel till approve thus effect nominate original idea house representative commons realm lost parl hist eng charles warren concluded madison reference undoubtedly famous election case john wilkes warren supra also possible however referring parliamentary test act car stat excluded catholics group serving parliament charles warren upon whose interpretation events petitioners rely concluded convention decision reject gouverneur morris proposal limited proposal committee detail implicit adoption madison position qualifications elected fundamental articles republican govt fixed constitution farrand see warren supra certainly warren argued uch action seem make clear convention intend grant single branch congress right establish qualifications members qualifications established constitution certainly intend single branch congress possess power convention expressly refused vest whole congress see story commentaries constitution although professor chafee argued congressional precedents support construction nevertheless stated forbidding additions qualifications expressed constitution soundest policy chafee free speech see holdsworth history english law holdsworth notes first edition blackstone commentaries blackstone enumerated various incapacities concluded subject standing restrictions disqualifications every subject realm eligible membership house commons common right blackstone commentaries blackstone called upon commons defend wilkes exclusion passage quoted blackstone retaliated writing pamphlet making two additions later editions commentaries effort justify decision parliament holdsworth supra appendix brief respondents warren supra charles warren buttressed conclusion nothing massachusetts constitution contained affirmative qualifications representatives exactly similar negative qualifications senators ibid apparently provisions considered substantively different house empowered identical language judge elections returns qualifications members pointed constitution mass pt art iv thorpe art thorpe emphasis added see warren supra federalist madison stated qualifications elected less carefully properly defined state constitutions time susceptible uniformity properly considered regulated convention enumerated qualifications representatives senators reasonable limitations door part federal government open merit every description whether native adoptive whether young old without regard poverty wealth particular profession religious faith federalist papers mentor ed respondents dismiss madison assertion qualifications elected time susceptible uniformity properly considered regulated convention nothing refutation charge new national legislature free establish additional standing incapacities however conclusion reconciled history question convention debates particular delegates decision require vote expulsion convention robert livingston one new constitution ardent supporters one state substantial landowners endorsed fundamental principle people best judges represent dictate control tell shall elect abridge natural rights elliot debates appendix brief respondents congress session house considered expelling matthew lyon republican sedition vote expel however broke largely along partisan lines although lyon opponents federalists retained majority congress lyon although political advantages gained trying prevent taking seat effort made exclude see dionisopoulos commentary constitutional issues powell related cases pub another maryland representative unsuccessfully challenged grounds almost identical asserted challenge mccreery see annals cong senate declined exclude john niles accused mentally incompetent special committee reported competent cong globe house rejected attempt exclude samuel marshall violating illinois law prohibiting state judges running offices hinds year senate refused exclude lyman trumbull violating illinois law ibid house senate resisted several attempts exclude accused disloyal union civil war see senate election expulsion censure cases doc hereinafter cited senate cases year senate also excluded supporter confederacy senate cases house excluded two others shortly thereafter one offense another selling appointments military naval academies see hinds hinds departure previous house construction power exclude emphasized congressman william fessenden power constitution judge qualifications members body mere arbitrary power exerted according individuals may vote upon subject power subject certain rules founded upon certain principles late period rebellion rule simply man came presented proper credentials state allow take ordinary oath took support constitution admitted objection try question afterward cong globe example house refused exclude texas congressman accused variety criminal acts hinds house excluded practicing polygamy hinds thereafter apparently consider excluding anyone shortly world war twice excluded victor berger avowed socialist giving aid comfort enemy significantly house committee investigating berger concluded ineligible express provision fourteenth amendment cannon precedents house representatives hereinafter cited cannon berger last person excluded house prior powell later finally admitted criminal conviction reversed cong rec house next considered problem contemplated excluding john langley alleged misconduct langley resigned losing criminal appeal house therefore never voted upon question cannon recent exclusion attempt prior powell occurred house refused exclude representative minnesota convicted sending defamatory matter mail see cong rec senate excluded anyone since year refused seat improper campaign expenditures cannon concerted effort made exclude senator theodore bilbo mississippi allegedly accepting gifts war contractors illegally intimidating negroes democratic primaries see cong rec died however decision reached debates res congressman celler chairman select committee judiciary committee forcefully insisted constitution unalterably fixes defines qualifications membership house construction art improper dangerous cong rec see views minority views minority latter report dissenters argued small partisan majority might render desire arbitrarily exclude majority vote order securely intrench power irresistible hence exercise controlled legal rules case expulsion requisite motive exercise arbitrary power longer exists partisan majority sufficient every purpose power exclusion matter law exercised majority vote accordance legal principles exists lacks qualifications required constitution determining basis congressional action difficult since congressional action unlike reported judicial decision contains statement reasons disposition one must fall back debates committee reports one issue raised debates one never sure basis action predicated unlike presumed disinterested exclusion case concerned house effect party controversy must adjudicate consequently members may inclined vote exclusion though strongly doubt constitutionality harv fact noted inadmissible suggestion action might taken disregard judicial determination mcpherson blacker justice douglas join opinion add words says important constitutional question whether congress power deviate alter qualifications membership representative contained art cl constitution understanding quite clear effect authority exist sure art provides house shall judge elections returns qualifications members contests may arise whether elected official meets qualifications constitution event house sole judge house sole judge qualifications added specified constitution man seated socialist communist another seated district members minority systematically excluded voting another seated spoken opposition war vietnam possible list long cases racist overtones present one others may reflect religious ideological clashes root cases however basic integrity electoral process today proclaim constitutional principle one man one vote principle followed electors choose person repulsive establishment congress constitutional authority group electors disenfranchised art house may expel member vote expulsion case think justiciable controversy presented vote house expulsion case whether expulsion case one knows expulsion misconduct may well raise different questions different considerations policing conduct members recurring problem senate house well quite different initial decision whether elected official seated well might easier bar admission expel one already seated house excluded powell congress allegedly misappropriating public funds incurring contempt new york courts years earlier members upper chamber attempted exclude william langer north dakota like reasons langer first became state attorney morton county north dakota served state attorney general became governor state took office january indicted conspiring interfere enforcement federal law illegally soliciting political contributions federal employees suit filed state remove office suit pending called state legislature special session became clear order ouster signed declaration independence invoked martial law called national guard nonetheless officers refused recognize legal head state left office july adam clayton powell however people state still wanted governor sent senate ceremonies senator barkley drew attention certain complaints filed langer citizens north dakota yet asked allowed take oath office without prejudice proposition without prejudice senator without prejudice senate exercise right exclude charges langer various powell included claims misappropriated public funds interfered judicial process way beclouded dignity congress reference also made professional ethics lawyer langer enjoyed powerful advocacy senator murdock utah senate debate raged year much related purely factual allegations moral turpitude however addressed power senate art cl exclude lacking qualifications enumerated art murdock nder senator theory senate right add qualifications specified constitution senator believe senate adopt rule specifying intellectual moral qualifications lucas senate anything wants yes senate deny person seat simply like cut jaw wishes lucas senator referred article section think framers constitution meant gave house power determine judge qualifications forth members murdock construe term judge mean held mean common ordinary usage understanding definition word judge verb judge thing supposed rules laid law us look apply facts whoever heard word judge used meaning power add already law president think distinguished able senator georgia makes contention constitutional provisions relating qualifications stated negative person shall senator merely restrictions prohibitions state shall read later read madison said read hamilton said read framers constitution said question doubt intended meant madison knew qualifications contained constitution left whim caprice legislature bear mind positive affirmative phraseology changed negative debate amendment convention changed committee madison member committee style lucas position senator utah takes make difference senator way crime whenever elected people state comes bona fide credentials fraud election senate refuse give oath position senator takes murdock position yes position right exclude anyone comes clothed proper credentials possessing constitutional qualifications position right provision constitution senator florida referred add qualifications position state sole judge intellectual moral qualifications representatives sends congress murdock quoting senator philander knox know defect plain rule constitution contending see danger senate lies fact improper character excluded without vote requires unanimous vote jury convict man accused crime require believe require vote eject senator position honor power elected sovereign state believe senator murdock stated correct constitutional principle governing present case art cl person shall representative shall attained age twenty five years seven years citizen shall elected inhabitant state shall chosen constitutional convention occasion consider several proposals giving congress discretion shape qualifications office explicitly rejected james madison led opposition arguing discretion improper dangerous power legislature qualifications electors elected fundamental articles republican govt fixed constitution legislature regulate either degrees subvert constitution farrand records federal convention pp alexander hamilton echoed conclusion qualifications persons may choose chosen remarked upon occasions defined fixed constitution unalterable legislature federalist papers mentor ed committee elections considered qualifications members unalterably determined federal convention unless changed authority equal framed constitution first congress federal constitution authorized prescribe qualifications members authorized judge qualifications however must governed rules prescribed federal constitution annals cong remarks findley chairman house committee elections constitution lays three qualifications one enter congress age inhabitancy citizenship powell satisfies three house add qualifications cong rec baker carr douglas concurring question whether congress authority constitution add enumerated qualifications office federal question within particular expertise baker carr authority exceeded redress may properly sought marbury madison cranch congress suspected less deciding exclude powell ases may readily postulated action house excluding expelling member may directly impinge upon rights provisions constitution cases unavailability judicial review may less certain suppose example member excluded expelled religion race contrary equal protection clause making unpopular speech protected first amendment xclusion grounds age citizenship inhabitancy raise equally serious constitutional issue case victor berger cannon precedents house representatives see bond floyd hinds precedents house representatives cong rec doc senate election expulsion censure cases hearings protest seating william langer senate committee privileges elections hereinafter hearings hearings hearings cong rec sess alleged conspired governor municipal county bonds sold friend made profit purchase purportedly rebated much langer hearings retrial conviction conspiring interfere enforcement federal law said paid money friend judge wyman given control litigation meddled jury hearings charged lawyer accepted mother boy prison promise obtain pardon knew fact pardon question also said counseled marry prosecution chief witness order prevent testifying finally suggested bought insurance policy trial one jurors sitting judgment client hearings cong rec cong rec cong rec ibid cong rec ibid ibid cong rec cong rec although house excluded adam clayton powell vote operating assumption majority needed suggestion house never rallied votes exclude powell basis ground rule see note note rev cong rec cong rec cong rec senator knox pennsylvania defended reed smoot utah charges excluded affiliation group mormons countenanced polygamy doc justice stewart dissenting believe events taken place since certiorari granted case november rendered moot therefore refrain deciding novel difficult delicate constitutional questions case presented inception petitioners assert actions house representatives congress prolonged controversy raised powell exclusion preserved need judicial declaration case believe contrary conduct present house representatives confirms mootness petitioners suit congress powell excluded congress might argue continuing controversy concerning exclusion attacked case argument might sound even though present house representatives distinct legislative body rather continuation predecessor though grievance caused conduct congress redressable action january house representatives congress admitted congressman powell membership sits representative congressional district new york congress terminated powell member seriously contended remains judicial controversy parties power house representatives exclude powell power order reseated understandably neither petitioners advance wholly untenable proposition continuation case founded infinitely remote possibility congressman powell representative may someday excluded reasons manner foreseeable possibility future conduct exists respondents met heavy burden showing subsequent events made absolutely clear allegedly wrongful behavior reasonably expected recur concentrated phosphate export petitioners argue case deemed moot principle voluntary abandonment practice relieve adjudicating legality gray sanders think manifest however principle cases enunciating application present case first place case involve voluntary abandonment practice rather became moot event respondents control expiration congress moreover unlike cases relied petitioners ongoing course conduct indefinite duration permanent injunction necessary thus said respondents actions case conduct sought enjoined gray example practice deeply rooted long standing without judicial relief respondents free return old ways grant finally important voluntary abandonment rule dispense requirement continuing controversy definition judicial power article iii constitution voluntary cessation unlawful conduct make case moot defendant demonstrate reasonable expectation wrong repeated since situation case moot even said became house voluntary abandonment practice excluding congressman powell petitioners proposition conduct congress perpetuated controversy based fact house resolution resolution house voted seat powell fined provided seniority commence date became member congress punishment said arises prior actions house originally impelled action indisputable however punishment house member involves constitutional issues entirely distinct raised exclusion punishment one congress legal sense continuation exclusion previous congress judicial determination exclusion improper bearing constitutionality punishment conceivable practical impact powell status congress thus clear connection exclusion congress punishment evidently based asserted derelictions congressman powell action brought exonerate powell expunge legislative findings wrongdoing purpose restrain action taken consequence findings powell exclusion equally without substance petitioners contention case saved mootness application asserted principle case challenging allegedly unconstitutional conduct rendered moot unconstitutional conduct defendants hypothesis said determine conduct house january mooted controversy without inferentially least holding action house day legal constitutionally permissible jurisprudence doctrine remotely resembling petitioners theory offer without reference authority conceivable relevance case events january made case moot termination congress powell seating punishment petitioners allege unconstitutional punishment wholly irrelevant question mootness wise case ii past found incidental claim back pay preserves controversy legislator legislative body evicted term eviction expired alejandrino quezon case nearly identical today petitioner member senate philippines suspended one year assaulting colleague brought action philippines elected members senate officers employees president secretary sergeant arms paymaster seeking writ mandamus injunction restoring seat privileges emoluments office philippines dismissed action want jurisdiction alejandrino brought case arguing suspension authorized philippine autonomy act statute incorporated provisions article constitution period suspension expired case pending certiorari unanimous opinion chief justice taft vacated judgment remanded case directions dismiss moot alejandrino claim right back pay kept case alive gave following answer particular pertinency case quote length may suggested objection vacating action directing dismissal petition become moot case lapse time made unnecessary futile writ mandamus restore senator alejandrino island senate still remains right part recovery emoluments withheld suspension retain case purpose determining whether may mandamus purpose difficult deal feature case really mere incident main question made petition considered able extended brief counsel petitioner brief us brief part directed subject emoluments refer us statute rules senate method paying senators salaries provided definite way describe duties officer officers committee charged ministerial function paying remedy senator seem mandamus compel official discharge ministerial duty pay salary due presence senate party unnecessary official rely upon resolution senate reason refusing comply duty pay senators validity defense validity resolution might become judicial question affecting personal right complaining senator properly disposed action requiring presence senate party adjudication right petitioner salary therefore involve serious issue raised petition power philippine compel mandamus one two legislative bodies constituting legislative branch government rescind resolution adopted asserted lawful discipline one members disorder breach privilege think main question validity suspension become moot incidental issue remedy suspended senator may recovery emoluments illegally withheld properly tried separate proceeding executive officer officers described able derive petition sufficient information upon properly afford remedy must treat whole cause moot act accordingly action part course without prejudice suit senator alejandrino proper executive officer committee way mandamus otherwise obtain payment salary may unlawfully withheld several important questions remain unanswered however record sergeant arms necessary defendant case surely moot respondents including house members dismissed parties ground rather resolution difficult constitutional questions speech debate clause far clear powell appropriate adequate remedy remaining respondents speaker issue requisite certificates house rescind resolution house agents enjoined act direct contravention orders employers moreover office sergeant arms congress expired present sergeant arms serves congress made party capacity authority congress confer authority disburse money salary owed representative previous congress particularly one never took oath office presumably funds appropriated congress requisitioned sergeant arms payment salaries members prior congresses ascertainable record whether money appropriated powell salary congress remains disposal current house sergeant arms substantial questions whether salary claim powell obtain relief respondents hand entitled salary member congress certain completely satisfactory remedy action money judgment claims ordered powell seated entered declaratory judgment constitutionality exclusion disputed claims grant money judgment lost salary ground discharge house violated constitution remit congressman powell remedy simply serious doubts availability one pursues even mandatory relief sought powell appropriate effective insist salary claim litigated context clearly obviate need decide constitutional questions grapples today might avoid altogether action claims money judgment question concerning impact speech debate clause suit members house representatives agents questions jurisdiction justiciability raised vastly different conventional form short dismissal powell action legislative branch slightest prejudice money claim avoid necessity deciding constitutional issues petitioners words touch bedrock political system strike heart representative government fundamental principles restraining courts unnecessarily prematurely reaching decide grave perhaps unsettling constitutional questions retain vitality see ashwander tva brandeis concurring surely cases demanding application one principles entitled special respect suits like suit declaratory injunctive relief within broad discretion withhold cautioned declaratory judgments issues public moment even falling short constitutionality speculative situations public affairs press rickover especially governmental action involved courts intervene unless need equitable relief clear remote speculative eccles peoples bank lakewood village lawsuit prolonged least reach merits without ascertaining decision lead effective relief remand determination question implicitly recognizes may remaining controversy petitioner powell respondents redressable opinion today may wholly advisory see good reason even pass question availability relief respondents essential purpose action longer attainable powell fully adequate far appropriate remedy incidental backpay claim withhold discretionary relief prayed terminate lawsuit powell claim salary may dead case respondents truly moot accordingly vacate judgment remand case directions dismiss complaint see concentrated phosphate export carroll president commissioners princess anne see gojack neither house representatives committees continuing bodies mcgrain daugherty present members house members congress two named defendants action moore curtis longer members house representatives moreover house sergeant arms new congress see infra see also grant aluminum america recently concluded controversy golden zwickler fact unlikely congressman candidate congress hardly maintained likelihood house representatives excluding powell greater see also grant local bro carpenters joiners nlrb walling helmerich payne hecht bowles freight exception gray continuing controversy cases relied petitioners actions government agencies halt illegal conduct defendants example others engaged similar conduct see cases cited supra nn principle voluntary abandonment illegal practice make action moot especially exclusively applicable public law enforcement suits private parties may settle controversies time rights plaintiff may time commencement action may terminate judgment obtained case appeal case informed facts proceed action however extinguishment rights public enforcement government endeavored procure judgment defendants foreclose rights prevent assertion thereof government substantial trustee public act congress voluntary cessation challenged conduct freight certainly every decision relied petitioners reject mootness argument solely ground illegal practice voluntarily terminated proceeded determine fact continuing controversy house resolution provided pertinent part punishment adam clayton powell hereby fined sum said sum paid clerk disposed according law sergeant arms house directed deduct per month salary otherwise due said adam clayton powell pay said clerk said fine fully paid punishment seniority said adam clayton powell house representatives commence date takes oath member congress article constitution specifically empowers house punish members disorderly behaviour salary claim personal congressman powell petitioners therefore clearly interest lawsuit philippines senate composed senators elected two appointed governor general alejandrino one two appointees see philippine autonomy act stat jurisdiction examine writ error final judgments decrees philippine islands cases constitution statutes subsequent statute substituted writ certiorari stat section autonomy act provides senate house respectively shall sole judges elections returns qualifications elective members house may determine rules proceedings punish members disorderly behavior concurrence expel elective member senators representatives shall receive annual compensation services ascertained law paid treasury philippine islands senators representatives shall cases except treason felony breach peace privileged arrest attendance session respective houses going returning speech debate either house shall questioned place petitioners rely following passage bond floyd dispositive contention salary claim prevents case moot question raised oral argument whether case might moot since session house excluded bond longer existence state pressed argument state stipulated bond succeeds appeal receive back salary term excluded alejandrino petitioner case since appointed senator appears group voters remained without representation choice senate suspension act stat art respondents allege without contradiction sergeant arms sufficient funds pay congressman powell back salary claims separate appropriations salaries congressmen made fiscal year see stat stat stat according respondents custom sergeant turn back treasury unexpended funds end fiscal year thus funds still held sergeant said appropriated present fiscal year commencing july claims shall jurisdiction render judgment upon claim founded either upon constitution act congress district courts concurrent jurisdiction claims amounts less king ante petitioners suggest inability claims grant relief might make remedy inadequate since powell remaining interest case collect salary money judgment claims good probably better mandatory relief agents house petitioners also suggest claims unable grant relief pendency powell claim another course constitute obstacle suggest order action dismissed grounds mootness possible example action deny powell entitlement salary seek offset sum amounts powell found house appropriated unlawfully government coffers use relying bank marin england petitioners complain impose undue hardship powell force start come far present suit view remand case proceedings respect powell remedy least doubtful remitting action claims entail much cost delay involved present case inconvenience litigants delay litigation never deemed justify departure sound principle rooted constitution important issues constitutional law decided necessary cases presenting concrete living controversies