Posted on 11/12/2009 2:09:01 PM PST by American Dream 246
How can they swear him in if the race wasn’t certified?
Pelosi is not required to accept the winner of a House seat.
Absolutely. The race is NOT certified yet.
Of handing the seat to the Democrats.
I was thinking the same thing. I, for one, smell a ‘rat.
It is preposterous, in our computerized age, votes cannot be accurately tabulated.
Article 1, Section 5.
And with Owens already seated, she's holding all of the cards.
If the race had only been between Owens and Scozzafava, a Democrat was going to win either way. At least this way, the less liberal Democrat won.
This is where it gets tricky and controversial. According to a 1969 case decided by the Supreme Court, Powell v. McCormack, she very well may be. Powell (Adam Clayton Powell) was reelected to the House, the the Congress refused to seat him because of some allegations of impropriety. Powell sued.
The Supremes eventually heard the case, and did overturn a lower court decision that ruled because of the political question doctrine the House couldn't be forced to seat someone. Here's where it gets complicated. While that was the holding of the court, as a practical matter the court's decision was rendered moot because by the time of the ruling, Powell had already been seated after winning reelection again
With the Illinois Senate seat controversy, we saw a possible revisiting of the Powell decision. The Dems said they didn't have to seat Burress, but Burress threatened legal action, citing Powell. The Senate Dems capitulated and seated him.
Powell has never been tested in a practical way, but most scholars believe that it could lead to a Constitutional crisis if it ever was.
The state of NY has not certified Owens as the winner. He can be removed. Many years ago a situation like that took place with a guy in Delaware. He was installed, then it turned out the vote count was done wrong, and he had to give up his seat. He was a Dem in a Dem dominated House.
” if the media is telling them they are losing”
+++++++++++++
One thing we know for sure if that we can’t trust the RAT media...we know that.
Hoffman supported universal health care, insuring everybody, laxer immigration laws, no “wall” to keep people out, earmarks, bailouts and faster stimulus spending.
Just a CINO.
BS...democrat
Only by Congress.
Then what does this statement mean?
I don’t believe a word you just posted.
I think they swore him in before certification because Hoffman conceded, thus leaving Owens the last candidate standing.
Because the race wasn't contested, and the initial tally was greater than 3K votes, as the article states.
This never happens in normal elections, because if the election isn't certified by the first week in January, it's virtually guaranteed that there's a pending election challenge. In this case there wasn't, so Pelosi was legally able to seat Owens. Owens is the Representative from that district. There's no other way around it.
Herd mentality.
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