I vaguely remember reading that in the late 19th century
a member of the Socialist party was elected to the U.S. Congress, but was refused a seat when he arrived. Did this
actually happen? And can Congress actually “black ball”
a duly elected member?
Yes, Congress has the power to refuse to seat a newly elected member, and it has the power to censure its members for misconduct including, potentially, dismissal. See U.S. Constitution, Art. I, Sec. 5, paras. 1 and 2.
I remember in the 60’s (?) they either refused to seat or they ejected Adam Clayton Powell the House of Representatives. I believe he was re-elected by his constituants from NYC.
It takes only a majority of the appropriate chamber to reject someone before he is seated. But it takes a 2/3 super-majority to kick someone out who has already been seated. Before 1969, the constitution was interpreted to mean that either house could disqualify any electee for any reason. For example, Brigham Roberts of Utah was rejected by the House of Representitives because he was accused of practicing polygamy. Adam Clayton Powell was rejected in 1967, because he was accused of financial misdeeds. In Powell v. McCormack (1969), the Supreme Court decided that the chambers can judge only the qualifications set by the constitution, and not add new qualifications (like not being a polygamist or not having a financial scandal looming over one). Powell, by the way, was reelected in 1968 and seated in 1969.
In 1984, an Indiana Rebublican, Rick McIntyre, defeated an incumbent Democrat, Frank McCloskey for Congress. Democrats, who at that time controlled the House, refused to seat McIntyre and instead seated McCloskey. Rep. David Skaggs (Dem., Colorado) has said that this was the day that the “Gingrich Revolution” began.
It should be noted that there was no clear winner in the Bloody Eighth that year; the vote was extremely close and there were enough irregularities that state election official could not, in good faith, certify a winner. (I may be wrong, but if I recall correctly the final count ended in a dead tie.) Because the Constitution places arbitration of irregularities in Congressional elections with Congress, Congress got to decide the outcome of the election, and they elected the Democrat.
I currently live in the Bloody Eighth (although I wasn’t here in 1984). While I am no fan of McIntyre (who, by the way, was just soundly defeated by Frank O’Bannon for the governorship), he was a fair sight better than the dim bulb that my neighbors have, in their continuing insanity, just reelected to represent them.
POWELL v. McCORMACK, 395 U.S. 486 (1969) for those interested.
After the Civil War, some southern states sent representatives to Congress. They contended that they were duly elected under the reconstruction plan set forth by President Andrew Johnson. Congress begged to differ and refused to seat any of the representatives.
Eventually, US Army-supported Republican governments were set up in the former Confederacy.
I don’t believe any socialists were elected to Congress until the 20th Century.
How many socialists have been elected to Congress?
Victor Berger of Wisconsin was elected to Congress in 1911 as a Socialist. Congress tried to unseat him in 1919 because he opposed World War I. He was finally voted out of office in 1928.
Vito Marcantonio served in the House from 1939-1951 as a member of the American Laborite party. He had served as a Republican from 1935-37.
Isn’t Vermont’s current Representative a socialist? I think he lists as “Independent” but a friend of mine who lived for many years in Vermont said that he was a socialist.
Bernie Sanders was affiliated as a Socialist when he was a mayor, but he didn’t run for Congress as one. He is officially an independent and votes with the Democrats on organizational matters.