Unseated members of the United States Congress

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.

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