Posted on 11/12/2009 2:09:01 PM PST by American Dream 246
Any update on this?
Do we know when they will know for sure?
DAMMIT!
DAMMIT!
I believe several congressman have been unseated midterm in the past, not just excluded.
But it’s all academic in this case cause the rat house would side with Owens no matter what.
Maybe I’m wrong but I really think they would gleefully steal the seat without thinking about potential consequences.
Like a burglar in your house if they see a hundred bucks in a drawer they are gonna take it. ;)
Under the Constitution, there are two ways for the House to “unseat” a member: exclusion and expulsion. The House can exclude a member by a simple majority vote, but may do so only due to the members “qualifications, elections and returns” (with respect to whom the Constitution designates each house as the sole judge). Exclusion traditionally ocurred (and arguably is constitutionally required) after the member was seated, whether the reason for exclusion was age, residency or election results. Expulsion, on the other hand, requires a 2/3 vote, but can be done for reasons other than qualifications, elections or returns (although, arguably, it should at least be for bad behavior).
So, exclusion is not just temporarily keeping someone from being sworn in, its how each house can kick out a member that a majority of the body believes is under the minimum age, was not a resident of the state he represents when he was elected, or was not duly elected.
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