The Constitution: Bigger than Powell

After he was barred from taking his seat in the 90th Congress, Harlem Congressman Adam Clayton Powell naturally went to the federal courts. By so doing, he raised a rare point of constitutional law — not merely whether Powell could or should get his seat back, but when the judicial branch of the Federal Government could or should review the conduct of the legislative branch. The decision of the U.S. Court of Appeals last week: the judiciary could review, but it shouldn't.

So fine and delicate were the questions involved that each of the three judges on the panel filed his...

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