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Powell Vs. Mccormack
Cites for this judgment
- US Supreme Court
- Jun 16, 1969
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U.S. 486 (1969) U.S. Supreme Court Powell v. McCormackSearch
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U.S. 486 (1969) Powell v. McCormackSearch
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issue. Pp. 395 U. S. 495 -500. (a) Powell's averments as to declaratory relief are sufficient. Alejandrino v. QuezonSearch
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does not affect the viability of his back salary claim with respect to the term for which he was excluded. Bond v. FloydSearch
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action against the other respondents, who are legislative employees charged with unconstitutional activity, Kilbourn v. ThompsonSearch
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Circuit affirmed on somewhat different grounds, with each judge of the panel filing a separate opinion. Powell v. McCormackSearch
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the remaining live issues supply the constitutional requirement of a case or controversy. See United Public Workers v. MitchellSearch
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ed.1966). Despite Powell's obvious and continuing interest in his withheld salary, respondents insist that Alejandrino v. QuezonSearch
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may grant declaratory relief even though it chooses not to issue an injunction or mandamus. See United Public Workers v. MitchellSearch
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United States v. CaliforniaSearch
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Vermont Structural Slate Co. v. TatkoSearch
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United States Lines Co. v. ShaughnessySearch
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Powell in the 90th Congress, rendering his presumably secondary claims not worthy of judicial consideration. Bond v. FloydSearch
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is an absolute bar to petitioners' action. This Court has on four prior occasions -- Dombrowski v. EastlandSearch
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United States v. JohnsonSearch
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U. S. 367 (1951), and Kilbourn v. ThompsonSearch
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Drawing upon this history, we concluded in United States v. JohnsonSearch
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U. S. 503 defense on the merits, but also protects a legislator from the burden of defending himself. Dombrowski v. EastlandSearch
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Tenney v. BrandhoveSearch
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without fear that they will be later called to task in the courts for that representation. Thus, in Tenney v. BrandhoveSearch
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bar all judicial review of legislative acts. That issue was settled by implication as early as 1803, See Marbury v. MadisonSearch
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Cranch 137, and expressly in Kilbourn v. ThompsonSearch
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the warrant for Kilbourn's arrest. The Court first articulated in Kilbourn and followed in Dombrowski v. EastlandSearch
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House manifested an intent to exclude Powell, its action should be tested by whatever standards may govern an expulsion. v. SUBJECTSearch
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MATTER JURISDICTION As we pointed out in Baker v. CarrSearch
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U. S. infra we disagree with the Court of Appeals' conclusion that this case is not justiciable. In Baker v. CarrSearch
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or (3) if the cause is not one described by any jurisdictional statute. And, as in Baker v. CarrSearch
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U. S. 678 , 327 U. S. 685 (1946). See King County v. SeattleSearch
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III, is not in all respects coextensive with the potential for federal jurisdiction found in Art. III. See Zwickler v. KootaSearch
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on construction of the Constitution. The Court has consistently held such suits are authorized by the statute. Bell v. HoodSearch
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King County v. SeattleSearch
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School District No. 1, supra. See, e.g., Gully v. FirstSearch
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The Fair v. KohlerSearch
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S. 518 availability of declaratory relief depends on whether there is a live dispute between the parties, Golden v. ZwicklerSearch
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relief may be considered independently of whether other forms of relief are appropriate. See United Public Workers v. MitchellSearch
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question. It is well established that the federal courts will not adjudicate political questions. See, e.g., Coleman v. MillerSearch
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Oetjen v. CentralSearch
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Leather Co., 246 U. S. 297 (1918). In Baker v. CarrSearch
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For, as we pointed out in Baker v. CarrSearch
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value of these cases tends to increase in proportion to their proximity to the Convention in 1787. See Myers v. UnitedSearch
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U.S. Supreme Court Powell v. McCormackSearch
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See United Public Workers v. MitchellSearch
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