Barred by Congress: How a Mormon, a Socialist, and an African American Elected by the People Were Excluded from Office

by Robert M. Lichtman

Overview

In Barred by Congress: How a Mormon, a Socialist, and an African American Elected by the People Were Excluded from Office Robert M. Lichtman provides a definitive history of congressional exclusion and expulsion cases. Lichtman offers a timely investigation of the vital constitutional issues, debated since the nation’s founding, concerning permissible and impermissible grounds for excluding a member-elect or expelling a member from Congress.

Barred by Congress begins with an exhaustive review of the numerous congressional exclusion and expulsion cases in the eighteenth and nineteenth centuries before focusing on the stories of the last three members-elect to be excluded from Congress: a Mormon, a Socialist, and an African American—each an outsider in American politics—excluded notwithstanding election by the voters. Lichtman illuminates each of these three remarkable individuals with a detailed biographical sketch. Brigham H. Roberts was a Utah Mormon whose exclusion from the House of Representatives in 1900 was fueled by a nationwide anti-Mormon campaign waged by William Randolph Hearst and his newspaper empire, a controversy centered on the issue of polygamy. Victor L. Berger, a Socialist Party leader and editor of an antiwar Milwaukee newspaper during World War I, was elected to the House despite the efforts of the Wilson administration to derail his campaign by indicting him under the Espionage Act; he was excluded in 1919 and again in 1920. Adam Clayton Powell Jr. was a Baptist minister and civil rights advocate who represented the Harlem neighborhood of New York City in the House of Representatives from 1945 until his exclusion in 1967. In Powell v. McCormack, the Supreme Court ruled that Powell’s exclusion by the House violated the Constitution, a decision that, a half century later, remains established law but still does not provide complete assurance that the people will be able to (in Alexander Hamilton’s words) “choose whom they please to govern them.”

Product Details

ISBN-13:	9780700632725
Publisher:	University Press of Kansas
Publication date:	01/27/2022
Pages:	384
Product dimensions:	6.00(w) x 9.00(h) x (d)

About the Author

Robert M. Lichtman practiced law in Washington, DC, and San Francisco for more than fifty years. He is the author of The Supreme Court and McCarthy-Era Repression: One Hundred Decisions and coauthor of Deadly Farce: Harvey Matusow and the Informer System in the McCarthy Era.

Table of Contents

Preface

Prologue: The Constitution and the Congress

Part I. Brigham H. Roberts

1. An Immigrant Boy from England

2. Repression, Prison, and Politics

3. A Race for Congress and Church Discipline

4. An Election Win and a Nationwide Campaign of Vilification

5. The Committee: Exclusion or Expulsion?

6. Exclusion and Its Aftermath

Part II. Victor L. Berger

7. Immigrant, Socialist, Newspaperman, Political Boss

8. A Term in the House, the Milwaukee Leader, and the Coming of the Great War

9. America at War, Repression, and Supressing the Leader

10. Elections, Indictments, and the Chicago Trial

11. Committee Hearings and an Unsurprising Exclusion

12. Elections, Indictments, and the Chicago Trial

Part III. Adam Clayton Powell Jr.

13. A Young Prince in Harlem and a Neighborhood Civil Rights Movement

14. A Combative House Member, Powell Amendments, and Notoriety

15. A Political Prosecution, a Failed Purge, and a New Committee Chairman

16. A Productive but Willful Chairman and Seeds of His Fall

17. Bringing Adam Down

18. Exclusion and a Special Election

19. A Historic Supreme Court Decision

Epilogue: Powell v. McCormack a Half-Century Later

Appendix: The Congressional Experience

Notes

Selected Bibliography

Index

Editorial Reviews

"Lichtman examines the Roberts case broadly showing how it is linked as a precedent to later efforts to expel or prevent the seating of two individuals—Adam Clayton Powell who represented a Harlem district, and Victor Berger who was elected to the House as a Socialist."—Journal of Mormon History

“Lichtman has written a gripping historical account of sanctions by Congress against one of their own. A must-read to understand how racial biases played a significant role in Congress’s actions against Adam Clayton Powell Jr., the first Black member of Congress from New York.”—Christian Grose, associate professor of political science and public policy, and academic director, Schwarzenegger Institute for State and Global Policy, University of Southern California

“Barred by Congress: How a Mormon, a Socialist, and an African American Elected by the People Were Excluded from Office is a well-written analysis of how and why Congress excluded Brigham H. Roberts, Victor L. Berger, and Adam Clayton Powell Jr. from its ranks. With a novelist’s touch, longtime attorney and author Robert M. Lichtman skillfully explores the fascinating stories of these three men. His meticulously researched and expertly assembled book should be widely read, especially for students of Congress and history.”—Jeffrey Crouch, author of The Presidential Pardon Power

“That the people rule is the shining achievement of the American Revolution, cemented by the Constitution. What happens when the people’s choice as their representative in Congress is frustrated by Congress’s exclusion or expulsion of that representative? Robert Lichtman’s fascinating and deeply researched study of the ‘erratic’ history of the congressional exclusion of members chosen by the people offers a number of insights into the tension between principles of democracy and principles of a republic. Lichtman studies the exclusion of ‘outsiders’: a Mormon, a socialist, and an African American. In these detailed assessments, he brings original research, an eye for telling detail, and a compelling narrative. A wonderful history.”—Michael Ariens, Aloysius A. Leopold Professor of Law, St. Mary’s University School of Law

“A timely examination of Congress’s ability to exclude or expel duly elected representatives of the people. Lichtman’s narrative holds obvious implications for and raises important questions about the possibilities—and limits—of sanctioning members of Congress who supported the January 6, 2021, insurrection.”—J. Douglas Smith, the author of On Democracy’s Doorstep: The Inside Story of How the Supreme Court Brought “One Person, One Vote” to the United States

“Robert Lichtman shows with great care and sharp historical detail three times in American history in which Congress has exercised its powers to stop a representative of the people from being seated. Lichtman’s nuanced history and careful legal analysis illuminates the stakes and consequences of this extraordinary act. At a time when democratic norms remain fragile, Lichtman offers a sobering and enlightening perspective on risks that we’d be ill to ignore.”—Aziz Z. Huq, Frank and Bernice J. Greenberg Professor of Law, University of Chicago

“Barred by Congress fills a real gap in congressional—and constitutional—history. Based on original sources, from FBI files and collections of private papers to local newspapers and obscure government documents, Lichtman tells the stories of three members of Congress who were excluded from serving by their colleagues—despite being duly elected. Although the sagas of Adam Clayton Powell Jr., B. H. Roberts, and Victor Berger vary wildly, they shared the common fate of exclusion, in part because—as an African American, a Mormon, and a socialist—they were outside the congressional mainstream. With challenges to elections and political norms on the increase, one can easily imagine more efforts to exclude or expel duly elected legislators—at both the federal and state levels. Barred by Congress is essential reading on the history and dangers of such an antidemocratic process.”—Thomas A. Balmer, former chief justice, Oregon Supreme Court

“A timely mix of political, social, legal, and biographical history. In this age of presidential impeachment votes, Lichtman explores how Congress has exercised a similar power to exclude members. Through a rich and detailed study of the lives of three very different men, each in some sense controversial in his time, the book sheds light on important questions about the risks of politicizing the process and the proper standard for excluding or removing a duly elected person, thereby thwarting the will of the electorate.”—Norman Abrams, distinguished professor of law emeritus, UCLA

From the Publisher