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To: JohnBovenmyer
There is a huge difference between the processes for questioning the election of a would-be Member of Congress, and the ones for expelling a seated Member. The Supreme Court dealt with precisely those differences in Powell v. McCormick, when the corrupt Congressman (temporarily) got his seat back.

It is a majority vote for either House to determine whether a would-be Member or Senator has been duly elected, and should be seated -- after a Committee has held a factual hearing and reported its conclusions. However, expulsion of a Member (Senator( requires a 2/3rds vote and takes place on the floor of the House / Senate.

Neither the courts, nor the other House, nor any other part of the federal government has any role to play in the expulsion consideration and decision. Look at the list of current Senators and consider whether there is a snowball's chance in Hell that a full 2/3rds of them will vote to expel Durbin. I think the answer to that question is no, non, nein, nicht, and nyet.

John / Billybob

71 posted on 06/20/2005 12:33:47 PM PDT by Congressman Billybob (For copies of my speech, "Dealing with Outlaw Judges," please Freepmail me.)
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To: Congressman Billybob
Thank you for your reply. It sounds like election disputes and expulsions work the way I thought they did. I'd thought, based on some Freepers comments RE Sen. Kerry, that section 3 of the 14th amendment might offer an alternative "shortcut" to the normal 2/3 expulsion procedure. Apparently it does not. This should teach this physician to stick to practicing medicine, but I fear I'll continue to act like many Americans, independent types striving beyond their expertise in one or both professions. I agree on your odds against 2/3 of the current Senate voting to expel Durbin. It would currently draw fewer votes than those cast for Clinton's removal as the GOP base isn't nearly mad enough to force the hands of his friends in the alleged majority.

The current partisan divide demonstrates the wisdom of the framers in giving Congress the power to Declare war. Bush is operating under a bill that functions similarly but doesn't explicitly use the words "Declaration of War." The minority and the media use that lack to pretend we're not really at war. If Congress had formally used the words this pretense would be much harder to maintain and some of the anti-war forces might actually be charged for the treasons many here believe they are committing. IIRC a few in congress wanted to formally declare war, but they were snowed under by the many who didn't think it was necessary or who were troubled by the question of against whom to declare it. Bush's biggest mistake in the immediate post 911 period was not pushing for what President Jefferson was given against the Barbary Pirates, a non state-centric Declaration of War. Had he made the case in his great speeches then, I believe the public mood would have swamped all opposition and the public would still believe we're at war. As with Jefferson's war, time would have solved the technical problems of the unorthodox declaration.

72 posted on 06/20/2005 4:03:39 PM PDT by JohnBovenmyer (I)
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