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To: xcamel
Article I, section 5: "Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members..."

The limitations of the "qualifications" power of the House were established in the Adam Clayton Powell case. To my knowledge, there has been no such court ruling on the power to judge elections. Presumably, if acting as "judge," the Senate would need some rationale for its decision; it lacks the power to appoint Senators, but if there are two plausible vote counts, the Senate can choose either.

21 posted on 11/30/2008 6:40:42 AM PST by ReignOfError
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To: ReignOfError

see #19


23 posted on 11/30/2008 6:49:15 AM PST by xcamel (Conservatives start smart, and get rich, liberals start rich, and get stupid.)
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To: ReignOfError
...but if there are two plausible vote counts, the Senate can choose either.

But who gets to define the word "plausible"?

26 posted on 11/30/2008 7:01:00 AM PST by Gay State Conservative (Obama:"Ich bin ein beginner")
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