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Unseated members of the United States Congress

From Wikipedia, the free encyclopedia

Both houses of the United States Congress have refused to seat new members based on Article I, Section 5 of the United States Constitution which states that:

"Each House shall be the judge of the elections, returns and qualifications of its own members, and a majority of each shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and may be authorized to compel the attendance of absent members, in such manner, and under such penalties as each House may provide."

This had been interpreted that members of the House of Representatives and of the Senate could refuse to recognize the election or appointment of a new representative or senator for any reason, often political heterodoxy or criminal record.

However, the U.S. Supreme Court, in Powell v. McCormack (1969), limited the powers of the Congress to refuse to seat an elected member to when the individual does not meet the specific constitutional requirements of age, citizenship or residency. From the decision by Chief Justice Earl Warren: "Therefore, we hold that, since Adam Clayton Powell, Jr., was duly elected by the voters of the 18th Congressional District of New York and was not ineligible to serve under any provision of the Constitution, the House was without power to exclude him from its membership."

The Federal Contested Elections Act of 1969 currently lays out the procedures by which each House determines contested elections.

Unseated members of Congress

1869-1900: Post-Civil-War South

  • From 1869 to 1900, the House of Representatives refused to seat over 30 Southern Democratic candidates declared the winner by their states. In some cases they weren't seated because the House Elections Committee concluded that fraud, violence, or intimidation had been used against black voters, or, in some cases, that the election statutes of the states themselves were unconstitutional. (Giles v. Harris (1903) ended the latter practice.) In some cases a new election was ordered, while in others the Republican or Populist candidate "defeated" by fraud was seated instead.[1][2]
  • In some cases the members were refused because the House did not agree the state was entitled to them. A number of southern states upon readmission claimed that since their slaves were emancipated and thus no longer counted as only 3/5th, they were entitled to larger delegations in the House. South Carolina was one state that elected members, such as Peter Martin Epping, to fill its "additional" seats. However the House refused to seat them.[citation needed]

1872-1907: Utah Mormons

1899-1926: Contested elections and criminal charges

  • William A. Clark (D-Montana) was elected to the U.S. Senate in 1899, but promptly met with a petition opposing his election on the grounds that it was secured through bribery. Votes were bought through real estate purchases, bank financing and outright cash purchases. The Senate Committee on Privileges and Elections found unanimously that Clark was not entitled to his seat. Clark resigned in May 1900 before the full Senate took a vote.[3] Clark would serve a term in Congress from 1901 to 1907.[4]
  • Victor L. Berger (SP-Wisconsin) was not seated after his election to the House in 1918 because he had been convicted under the Espionage Act of 1917. After the House refused to seat him Wisconsin held a special election in December 1919, which Berger won again. The House again refused to seat him.
  • Frank L. Smith (R-Illinois), was refused seating in the United States Senate due to allegations of election fraud in the 1926 United States Senate election in Illinois[5][6][7]

1967-2009: Contested elections and corruption charges

See also


  1. ^ Morton Stavis, "A Century of Struggle for Black Enfranchisement in Mississippi: From the Civil War to the Congressional Challenge of 1965 -- and Beyond", 57 Mississippi Law Journal 591 (1987).
  2. ^ J. Morgan Kousser, The Shaping of Southern Politics: Suffrage Restriction and the Establishment of the One-Party South, 1880-1910 (1974)
  3. ^ "U.S. Senate: The Election Case of William A. Clark of Montana (1900)". Retrieved December 5, 2017.
  4. ^ Congressional Biography
  5. ^ Frank Lloyd Wright Library, Frank L. Smith photographs, US Senate campaign brochure, accessed September 16, 2017
  6. ^ Senate Historical Office, United States Senate. "The Election Case of Frank L. Smith of Illinois (1928)".
  7. ^ "Congressional Record - Senate" (PDF). January 19, 1927. pp. 1911–1982.
  8. ^ "Burris v. White, Illinois Supreme Court, No. 107816" (PDF). January 9, 2009.
  9. ^ Donning, Mike (January 5, 2009). "U.S. Senate officer rejects Burris' paperwork to fill seat". Chicago Tribune. Retrieved January 5, 2009.
  10. ^ Espos, David (January 5, 2009). "Burris says he's senator — but Dems won't seat him". Yahoo! News. Associated Press. Archived from the original on January 8, 2009. Retrieved January 6, 2009.
  11. ^ Mihalopoulos, Dan (January 10, 2009). "Supreme Court ruling gives Burris the Senate seat, attorney says". Chicago Tribune.
  12. ^ Raju, Manu; Bresnahan, John (January 12, 2009). "Dems accept Burris into the Senate". Politico.
  13. ^ "Senate Dems expect to seat Burris Thursday: Burris: 'I really never doubted that I would be seated'". NBC News. Microsoft. January 13, 2009. Retrieved January 14, 2009.
  14. ^ Davis, Susan (January 13, 2009). "Roland Burris to Be Sworn In as Senator on Thursday". The Wall Street Journal. Dow Jones & Company, Inc. Retrieved January 14, 2009.
  15. ^ Hulse, Carl (January 15, 2009). "Burris Is Sworn In". New York Times. Retrieved January 15, 2009.
This page was last edited on 5 January 2023, at 01:08
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