PSCI 3322 Lecture Notes - Lecture 8: Tenth Amendment To The United States Constitution, Political Question, War Powers Resolution
9 Feb 2017
School
Department
Course
Professor
Document Summary
Adam clayton powell--used to hold charlie rangel"s seat. Excluded from congress by about a 70% vote and sues for back pa and a judgment that his exclusion was unconstitutional. Speech and debate clause--can"t sue involved congressmen, but can sue legislative employees. Text; convention debates; practice (at least before civil war). Powell cannot sue to get back pay because of article i sec vi. Talking about members of congress, they cannot be questioned about their actions unless they"re a traitor or breeched the peace. Prevents members of congress from being sued for their actions barring. Has congress done something that violates the text of the constitution: a textually demonstrable issue. Congress is trying to add to the quali cations of not being corrupt. Section v requires 2/3rds vote to expel a member, doesn"t have the power to exclude. Little words can be very important in constitutional law, and where the words are clear the court is going to enforce those words.
