Can the House refuse to seat a winner from the other party?
A simple majority cannot refuse to seat a winner who meets the Constitution's qualifications
No. Under Powell v. McCormack (1969), a House majority cannot exclude a duly elected person who meets the Constitution's age, citizenship and residency requirements. The Constitution limits the House to judging whether those qualifications are met, not to adding new ones or excluding someone based on party.
What the Supreme Court ruled
On March 1, 1967 the House voted 307 to 116 to exclude Adam Clayton Powell Jr. of New York even though a select committee found he met the constitutional qualifications. In 1969 the Supreme Court held the exclusion unconstitutional, because in judging the qualifications of its members Congress is limited to the standing qualifications prescribed in the Constitution. The Court also held that a refusal to seat can be reviewed in court, since deciding what the Constitution's qualifications mean is a judicial task.
What power the House does have
What the House keeps under Article I, Section 5 is the power to judge whether a member-elect actually won the election and holds a valid return, and whether the person meets the constitutional qualifications. Removing someone who is already seated is a different act, expulsion, and it takes a two-thirds vote.
More on how votes are counted and made official.
See all the questionsFrequently asked questions
Q. Can Republicans or Democrats in the House vote to refuse to seat a duly elected member of the other party?
No. Under Powell v. McCormack (1969), a House majority cannot exclude a duly elected person who meets the Constitution's age, citizenship and residency requirements. The Constitution limits the House to judging whether those qualifications are met.
Sources
- Powell v. McCormack, 395 U.S. 486 (1969), U.S. Reports (Library of Congress), https://tile.loc.gov/storage-services/service/ll/usrep/usrep395/usrep395486/usrep395486.pdf · 1969-06-16