Opening Arguments

What Happens When the House Refuses to Swear in a New Member?

17 snips
Nov 3, 2025
The discussion dives into the refusal to seat Adelita Grijalva, shedding light on Speaker Mike Johnson's motives. The hosts explore the landmark Powell v. McCormack case, detailing Adam Clayton Powell's controversial exclusion from Congress in 1966. They analyze the implications of this precedent for Grijalva's lawsuit and debate the boundaries of congressional authority. Insightful comparisons are made with other significant cases and the current Supreme Court's possible reactions to such disputes.
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INSIGHT

Article I Limits On Adding Qualifications

  • The Constitution gives each House authority to judge members' elections, returns, and qualifications but lists only a few express qualifications.
  • Powell v. McCormack later held Congress cannot add extra qualifications to bar a duly elected member who meets the constitutional requirements.
ANECDOTE

Adam Clayton Powell's Contradictory Career

  • Adam Clayton Powell was a charismatic, controversial Harlem congressman who chaired a powerful committee for decades.
  • He combined civil-rights militancy with personal scandals that enraged many colleagues and fueled the exclusion fight.
ANECDOTE

Defamation Case That Fueled Powell's Troubles

  • Powell publicly accused a 64-year-old community woman of delivering payoffs, triggering a protracted defamation and contempt saga.
  • The litigation and contempt orders left Powell unable to sit and contributed to the House's effort to exclude him.
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