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Why the Law Might Not Allow the Senate to Expel Roy Moore
Politico ^ | November 22, 2017 | Stan Brand

Posted on 11/22/2017 3:57:44 PM PST by TBP

One Supreme Court case provides a clue about the limits that may be placed on the Senate if it attempts either to deny Moore a seat or to expel him once he has been seated. In 1967, a special House committee determined that New York Rep. Adam Clayton Powell’s staff had falsified travel expenses and caused illegal payments to his wife. Rather than censure and fine Powell for this misconduct, the House voted by a simple majority to exclude—meaning, refuse to seat—Powell after his reelection. Powell sued, and when Powell v. McCormack made it to the Supreme Court, the court held that the House had acted illegally. The court held that while, according to Article I, Section 5 of the U.S. Constitution, “each House shall be the judge of the ... qualifications of its Members,” those qualifications are limited to age, citizenship and residency, as stipulated by Article I, Section 2. In other words, as long as Powell fit the age, citizenship and residency criteria for serving in Congress, the House had no right to refuse to grant him his seat.


TOPICS: Government; Local News; Miscellaneous; Politics; Society
KEYWORDS: alabama; elections; expel; gopestablishment; jones; moore; powell; senate
Powell v. McCormack seems to preclude expulsion. Sorry, Ditch.
1 posted on 11/22/2017 3:57:45 PM PST by TBP
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To: TBP
No chance he would be expelled. It's about a likely as President Trump being impeached right now.

I will make a prediction. If Moore wins Mitch Mcconnell is done as majority leader.

2 posted on 11/22/2017 4:02:16 PM PST by precisionshootist
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To: TBP

Someone mail this to Yertl and Matt Drudge.


3 posted on 11/22/2017 4:02:40 PM PST by 2ndDivisionVet (You cannot invade the mainland US. There'd be a rifle behind every blade of grass.)
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To: TBP

They aren’t going to expel anyone, most especially Moore who would unleash hell on their own past peccadilloes.


4 posted on 11/22/2017 4:05:16 PM PST by bigbob (People say believe half of what you see son and none of what you hear - M. Gaye)
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To: TBP

And thus disenfranchising the voters of Alabama.


5 posted on 11/22/2017 4:05:42 PM PST by P8riot (I carry a gun because I can't carry a cop.)
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To: P8riot
"And thus disenfranchising the voters of Alabama."

Exactly. Alabama is voting in full knowledge of the allegations. If they still choose Moore, the senate has no basis to refuse to seat.

6 posted on 11/22/2017 4:12:53 PM PST by DannyTN
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To: P8riot

67 votes there? A good idea. At least 19 GOP Senators would be exposed/retired by 2020. Doable.


7 posted on 11/22/2017 4:12:54 PM PST by DIRTYSECRET (urope. Why do they put up with this.)
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To: TBP

The Dems have to throw the sink at the special election to take the seat. If Jones loses it will stay Republican.

The Alabama Governor would name replacement, a Republican, if the swamp won’t seat Moore. The Dems only chance is to have Jones win the Special.

However, McConnell knows that if and when Moore wins and McConnell tries to prevent him from taking office, the forged yearbook would have to go under analysis, something the corrupt and not very bright Allred is hoping never happens.

House of Cards would fall on McConnell. Dawn Allen does not mean District Attorney. Moore was the Assistant DA. DA = Dawn Allen.

Someone failed to sanitize the forgery.


8 posted on 11/22/2017 4:21:12 PM PST by affan76
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To: TBP

The libs seem to sense a Moore win.


9 posted on 11/22/2017 4:27:38 PM PST by Olog-hai ("No Republican, no matter how liberal, is going to woo a Democratic vote." -- Ronald Reagan, 1960)
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To: TBP

expulsion is different from not being seated.


10 posted on 11/22/2017 4:51:37 PM PST by stylin19a (Best.Election.Ever.)
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To: stylin19a

So basically they could let him be seated, then vote to expel?


11 posted on 11/22/2017 4:56:21 PM PST by Secret Agent Man ( Gone Galt; Not averse to Going Bronson.)
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To: Secret Agent Man

seems that way.

https://www.axios.com/mcconnell-if-moore-wins-hell-immediately-face-ethics-committee-2509551392.html


12 posted on 11/22/2017 5:01:33 PM PST by stylin19a (Best.Election.Ever.)
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To: TBP

Even susan collins, the baby killer, from Maine would not be stupid enough to try and remove or prevent judge Moorer from being seated.


13 posted on 11/22/2017 5:21:05 PM PST by Bob Celeste
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To: TBP

Why? The is no law that says they can bit they can try - which they wont


14 posted on 11/22/2017 5:51:14 PM PST by jmaroneps37 (Conservatism is truth. Liberalism is lies.)
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To: TBP
Why the Law Might Not Allow the Senate to Expel Roy Moore

Judge Roy Moore will be the next elected Senator from the Great State of Alabama.

15 posted on 11/22/2017 8:50:37 PM PST by TheConservativeTejano
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To: TheConservativeTejano

Politico needs to check its facts. Following the 1984 elections, Dem Speaker of the House Tip O’Neill refused to seat the state-certified GOP winner of a race (I think it was in Indiana), and instead seated the Democrat loser. The Dem served the full term and was defeated in the next election by the same Republican. I worked on Capitol Hill at the time and remember the basic facts, but can’t recall names — sorry about that, maybe someone with more time can dig out the details . . . .


16 posted on 11/23/2017 4:03:55 AM PST by JTR1888
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To: JTR1888

Partner, thanks for your post since McConJob has the same mindset that Tip O'Neill had. McConJob can be on onery guy and we need to get him out as the Majority Leader of the Senate asap. I hate to say but we have such inept leadership in the Senate and the People's House right now.

17 posted on 11/23/2017 3:16:03 PM PST by TheConservativeTejano
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