This document summarizes key cases and concepts related to the US Congress, including Powell v. McCormack which established that a candidate meeting constitutional requirements cannot be denied their seat; term limits which the Supreme Court ruled must be established by constitutional amendment, not state law; the Speech or Debate Clause granting immunity for legislative acts; and ways Congress has delegated powers to other branches.

1. POL 309
Spring 2019

10.  Who May Join?
 Punishments for Misconduct?
 Term Limits?
 Speech and Debate Clause?

13.  Controversial personal and professional life
 Mismanaging Committee Budget
 Trips at Public Expense
 Missing Committee Meetings
 Wins re-election in 1966 but House refuses to
seat him as official member of chamber

15.  NO, the House could not exclude Powell
 Majority Opinion: Chief Justice EarlWarren
 Powell had been lawfully elected by constituents
 Met constitutional requirements for membership

19. SUPPORT
 Increases accountability
 Members only care about
reelection
 Increase the power of the
underrepresented
 Public has no confidence in
Congress
OPPOSE
 Elections are inherently
term limits.
 Congress is generally
responsive to constituents
 Members do not stay too
long anyway.
 Violates the Constitution.

21.  Amendment 73
 Term Limits for House
 Term Limits for Senate
 Article I, Section 4
 “Time, Place, Manner”
 Access vs. Qualifications
 Tenth Amendment

23.  Majority Opinion: John Paul Stevens
 Congress, not States, can change membership
 Amend. 73: “Patchwork of qualifications”
 Uniformity and Character of Framers
 Concurrence: Anthony Kennedy
 Relationship of People and National Govt.
 Dissent: ClarenceThomas
 Constitution from Consent of Governed
 Constitution Silent – No Bar for States/People

27.  Members of Congress have immunity for
their legislative acts
 “for any speech or debate in either House,
[Senators and Representatives] shall not be
questioned in any other place.”’

30. Senator Mike Gravel
(D-AK)

32.  Majority Opinion: Byron White
 Members of Congress and aides as one
 Aides critical to legislative productivity
 Aides exempt with Senator acknowledgment
 Clause did NOT extend beyond Congress

34.  Known as “elastic clause”
 Grants Congress power to pass laws “which
shall be necessary and proper for carrying
into execution the Foregoing powers”

39. DANIELWEBSTER LUTHER MARTIN

45. The Harding Cabinet

47. ALBERT FALL HARRY DAUGHERTY

55.  YES (7-1); Court upholds Congress’s
delegation of power.
 POTUS has discretion in foreign affairs.
 “The President is the sole organ of the nation in
its external relations, and its sole
representative with foreign nations.”

57.  Congress created U.S. SentencingCommission
 Sentencing discrepancies by federal court judges
 Part of Judicial Branch
 John Mistretta claimed that Act violated the
delegation-of-powers principle by giving the
Commission "excessive legislative powers."

59.  Majority Opinion: Harry Blackmun
 Principle of separation of powers does not
disallow Congress from gaining assistance from
other branches of government
 Dissent: Antonin Scalia
 No place for Congress to create agency to make
laws…this is Congress’ constitutional authority