Legal Opinion · Dissent

Blackwell v. City of Philadelphia

Commonwealth Court of Pennsylvania

Decided June 5, 1995Published

1DissentDoyle, Judge

I respectfully dissent and would affirm the judgment of the trial court.

The United States Supreme Court in Powell v. McCormack, 395 U.S. 486, 89 S.Ct. 1944, 23 L.Ed.2d 491 (1969), held that the exclusion of Representative Adam Clayton Powell from the House of Representatives by a House Resolution did not present a political question, and was thus justiciable, on the basis that the qualifications of members of Congress were specific and stated clearly in the United States Constitution (age, citizen*174ship and residency), although the High Court was careful to distinguish those situations wherein…

2Cases cited6 opinions

  1. Baker v. CarrSupreme Court of the United States · 1962
  2. Marbury v. MadisonSupreme Court of the United States · 1803
  3. Powell v. McCormackSupreme Court of the United States · 1969
  4. Sweeney v. TuckerSupreme Court of Pennsylvania · 1977
  5. Dintzis v. HaydenCommonwealth Court of Pennsylvania · 1992

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