Free Republic
Browse · Search
General/Chat
Topics · Post Article

Skip to comments.

Powell v. McCormack, 395 U.S. 486 (1969) Similar case to Moore threats
Justicia ^ | June 16, 1969 | Supreme Court

Posted on 11/14/2017 7:00:27 PM PST by Mechanicos

"Petitioner Powell, who had been duly elected to serve in the House of Representatives for the 90th Congress, was denied his seat by the adoption of House Resolution No. 278 which the Speaker had ruled was on the issue of excluding Powell and could be decided by majority vote.

(Excerpt) Read more at supreme.justia.com ...


TOPICS: Society
KEYWORDS: expulsion; law; moore; senate
Navigation: use the links below to view more comments.
first previous 1-2021-36 last
To: jjotto
Fifteen US Senators have been expelled by two-thirds vote of the US Senate.

Who were they and based on what Constitutional provision?

Did you not read the Supreme Court case I cited?

21 posted on 11/15/2017 5:56:53 PM PST by WASCWatch
[ Post Reply | Private Reply | To 14 | View Replies]

To: Svartalfiar
No, they cannot seat him if he doesn't meet the qualifications, and the lawsuit found that those are exclusionary - they cannot refuse to seat for any other reason. Expelling him, on the other hand, they can do anytime they choose, for any reason, as long as 2/3 of them agree to. There are no other restrictions on expulsion.

What provision in the U.S. Constitution allows for a Senator, or Representative to be expelled? I couldn't find one.

22 posted on 11/15/2017 5:59:28 PM PST by WASCWatch
[ Post Reply | Private Reply | To 18 | View Replies]

To: Svartalfiar

Sorry. I found it. You are right, but I don’t think they can do it for conduct prior to being seated.


23 posted on 11/15/2017 6:03:36 PM PST by WASCWatch
[ Post Reply | Private Reply | To 22 | View Replies]

To: jjotto

Sorry. You are correct, but I don’t believe it can be done for conduct prior to being seated as a Senator.


24 posted on 11/15/2017 6:05:02 PM PST by WASCWatch
[ Post Reply | Private Reply | To 21 | View Replies]

I don't know why this argument is still going on. It is VERY clear that if 2/3's of the Senate want Moore out, he's out:

Article I

Section 5. Each House shall be the judge of the elections, returns and qualifications of its own members.

Each House may determine the rules of its proceedings, punish its members for disorderly behavior, and, with the concurrence of two thirds, expel a member.

25 posted on 11/15/2017 6:38:13 PM PST by Henchster (Free Republic - the BEST site on the web!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Az Joe

You are the one spouting nonsense. You, yourself, has espoused that they can refuse to seat him. You, yourself, have avowed that he should be abandoned because they can refuse to seat him.

Now, you lie about your own words because it is inconvenient to your cause.

You disgust me.

If you wish to challenge me on this, I can easily add posts of your own words that call the lie to your words.


26 posted on 11/15/2017 6:41:46 PM PST by MortMan (NFL kneelers: A colonoscopy is not supposed to be a self-exam.)
[ Post Reply | Private Reply | To 2 | View Replies]

To: MortMan

Nope I never said anything about seating show me which post I said it in otherwise you are a liar


27 posted on 11/15/2017 6:47:08 PM PST by Az Joe (Gloria in excelsis Deo)
[ Post Reply | Private Reply | To 26 | View Replies]

To: MortMan

You are disgusting very disgusting you need to be tracked down by the FBI and monitored


28 posted on 11/15/2017 6:47:47 PM PST by Az Joe (Gloria in excelsis Deo)
[ Post Reply | Private Reply | To 26 | View Replies]

To: Az Joe

http://www.freerepublic.com/focus/news/3604795/posts?page=10#4

Check out your own words, in context, FRiend. You apparently cannot remember your own posts.


29 posted on 11/15/2017 7:10:54 PM PST by MortMan (NFL kneelers: A colonoscopy is not supposed to be a self-exam.)
[ Post Reply | Private Reply | To 27 | View Replies]

To: MortMan

Nope, you’re a liar. Never said anything about seating in ANY context, in ANY post on the Moore matter, of which I have made numerous. I have repeatedly argued he had to be seated but could then also be expelled. You are a liar!


30 posted on 11/15/2017 9:33:31 PM PST by Az Joe (Gloria in excelsis Deo)
[ Post Reply | Private Reply | To 29 | View Replies]

To: Az Joe; McGavin999
You responded to this post from mCGavin999:

No! If the people of Alabama elect him and the senate refuses to seat him Alabama needs to sue the senate and Mcconnell in particular

Your response:

Constitution says Senate makes its own rules. Separation of powers. The judicial branch has no authority to say otherwise.

You were saying you had not addressed the idea of him not being seatable?

31 posted on 11/16/2017 4:14:13 AM PST by MortMan (NFL kneelers: A colonoscopy is not supposed to be a self-exam.)
[ Post Reply | Private Reply | To 30 | View Replies]

To: MortMan

You just proved what I said you dummy. Never said anything about seating. Stop lying


32 posted on 11/16/2017 6:11:07 AM PST by Az Joe (Gloria in excelsis Deo)
[ Post Reply | Private Reply | To 31 | View Replies]

To: Az Joe

In response to a comment about suing over a refusal to seat, you assert that the Senate rules cannot be challenged in court.

If you REALLY want to maintain that your comment did not address refusal to seat (despite not using the word), then be my guest.

Delusions are free.


33 posted on 11/16/2017 8:54:14 AM PST by MortMan (NFL kneelers: A colonoscopy is not supposed to be a self-exam.)
[ Post Reply | Private Reply | To 32 | View Replies]

To: MortMan

Seating a Senator is not a Senate rule. I never said it was. The Constitution lays out the requirements for seating a Senator. It also lays out the process and requirements for expulsion. What’s your problem dummy?


34 posted on 11/16/2017 11:26:40 AM PST by Az Joe (Gloria in excelsis Deo)
[ Post Reply | Private Reply | To 33 | View Replies]

To: Az Joe

I’m not having a problem. Obviously, we rather strongly disagree about the context of your statement in response to the statement about suing if elected and not seated.

I apologize for making it personal (as I recall, I failed to be civil first - something I try not to do, but obviously do not always succeed).

We disagree. Okay. Have a great day FRiend.


35 posted on 11/16/2017 12:09:21 PM PST by MortMan (NFL kneelers: A colonoscopy is not supposed to be a self-exam.)
[ Post Reply | Private Reply | To 34 | View Replies]

To: MortMan

Fair enough.


36 posted on 11/16/2017 12:31:25 PM PST by Az Joe (Gloria in excelsis Deo)
[ Post Reply | Private Reply | To 35 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-2021-36 last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
General/Chat
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson