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

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.”

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.

Review :
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, the first Black member of Congress from New York." - Christian Grose, associate professor of political science and public policy and academic director, USC 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 by 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